Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-02-22

CASE is GREATLY sIMPLIFlED
BY Fact That There is No Conflict De-
mandins That Amended Abstracts
or Anything of Like Nature Be
FiIed-Frank Rivers, Dallas Coun-
ty Forger, Paroled by Governor.

Special to Times Republican.
| Des Moines, Feb 22.-The biennial
amendment case will he advanced so as
| to be heard at the Eeriod of the SUI
preme court. beginning March z. The
abstract in the case VIII be filed the last
of this week and a me ton will be made
/, to the supreme court to have the case
advanced. The arguments in the case
| will be filed next week. The abstract
and the arguments on either side will
| be the only papers filed. The attorneys
on either side have agreed that the
issues of the case are well made up
and there is no conflict so that no
amended abstracts or anything of
| that nature will have to be filed. This
simplifies the case. 1t is expected that
the supreme court will readily advance
the case and this is taken for granted
The period which opens March I will
| last for about ten days as do all periods
and it is expected that the oral argu-
ments in the case Will be heard some-
| time near the close of the period or
/ about the 18th or 18th of the month
| This will be in time SO that decision
of the supreme court will be had by
the last of March. On the side favor
ing the constitutionality of the law the
decision Of Judge Evans is itself a very
! strong argument. The judge is an able
| lawyer and his opinion in this case is
Il very carefully pre- pared one. 1t goes
into the merits of the case very thor
oughly and submitted with the rest Of
the documents in the case will itself
! very materially aid the arguments of
Judge Carr and Senator Titus. Both
Judge Carr, who is of counsel for the
constitutionality of the law, and James
/, l.. Parrish, who is of counsel for the
size opposin. the amendment, stated
| today that the case would pe advanced
at once so far as they were able and
! that Il motion for it's advancement by
| the court would be. submitted, in the
| hope of having it heard at this period
Frank Rivers, the Dallas county man
who was convicted of forgery and is
now in the Fort Madison penitentiary
serving a one year .erm for the forgery
of his mothers and brother-in- Flaws
names for various sums, has been pa
troled by Governor Cummins and will
be released March 1. Pardon Clerk B.
W. Garret went to Dallas county re-
Gently to investigate the case and re-
ported to the governor. Mrs. Rivers
has written a letter to the governor
| in which she states that if she had been
permitted to do so, she would nave
/ testified that her son had been author
| lied by her to sign her name for amy
amount up to 800 in case he needed
money at any time. The check he sign
ed her name to was for SIS. 1t seems
that the father and mother of Rivers
are separated and there has been more
or less of a division in the family,
the members of which took sides in the
case. The family live a half mile west
of Granger in Dallas county. The case
| was carried to the supreme court and
the conviction of Rivers affirmed. He
claims that his brother-in-law gave
him the same authority as his mothe,
but the brother-inlaw denies it.
| The case has attracted a great deal
of interest over the state Rivers was
convicted in the district court in No
vember, 1902, AMI was committed to
the penitentiary at Fort Madison
Sept. 80 1904. He will have served
five months when he is paroled.
Col. David j. Palmer of the state
railroad commission returned yester-
day from Washin gton, Iowa, his home.
He says the people down that way
are not discuss ng freight rates or
anything else po itical but are getting
ready to begin their spring work on
the farms. They are allowing the BIZ
ennial election law question and all
| others to settle themselves.
Mr.. N. S. Ketchum of the railroad
commission vert to Wiota promptly
on hearing Of the railroad wreck there
on the Rock Island and remained
there all day yesterday to look over
the ground.
A case has arisen also in Hardin
county in which the new law placing a
lien on crops for the rent of farms is
likely to be given a test. The first
was from Winn ebago county The new
law makes it a felony for a renter to
sell any part of his crops and use the
money without first paying his rent.
John Hut of Hardin county sold his
grain without fist paying his rent and
the landlord laid the matter before
the grand jury with the result that
Hut was indicted. 1t is claimed that
the elevator man who buys the grain
is responsible .or the amount of the
value of the grs in. In the case of Hut
the grain sold amounted to 5000. ;.
Curator Aldr oh, during the severe
| weather of this winter, has been con-
fined much of the time to his home
in Boone He has not been at the
historical building for some days now
but IS expected there the last of the
week if the weather remains pleasant.
He was reported to be better today.
Governor Cummins has decided to