Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-09-28
DEFENDS THE j. P.
Federal Judge Mcpherson Takes OPP
portunity to Declare Decision of
Justice Of Peace Just as Binding as
Any Court on Earth Within His
Jurisdiction.

Any Court on Earth Within His
Jurisdiction.
Council Bluffs, Sept. 2S.-1In making
a ruling yesterday directing the jury
to find for the defendant in the case
of Roy l.. Harris against Richard A.
Mester, Judge Mcpherson of the fed
eral court took occasion to express
his respect for the rights and juris-
diction of the justice of the peace. The
action was one for malicious prosecu-
ton and Judge Mcpherson held it to
be a strong point in favor of the de-
PENDANT that an information he had
filed before Justice of the peace was
held by that official to be sufficiently
supported to warrant a conviction.
The case is one growing directly
out OF the fight of the retail g..ocers Of
Iowa against peddlers and transient
merchants. In August, 1904. Richard
A. Mester, who was then a merchant
at Portsmouth, caused the arrest Of
Roy L. Harris, who was taking orders
in the vicinity for an Omaha firm.
Mester based his action on a compara-
lively recent legislative enactment re-
curing transient merchants or ped
dlers to be provided with license in
each county in which they operate
The justice of peace before whom the
action was brought found Harris gull
ty and bound him over to the grand
jury. Harris was admittedly able to
give bonds but for the purpose of bas-
ing claim for damages refused to do
so and went to Jail.
Released by Judge Deemer.
Before the grand jury had an oppor-
tunity to act on the case it was taken
before Judge Deemer at Red Oak on
habeas corpus proceedings and he
caused Harris to be released, under
the contention that as he was taking
orders for a firm in another state, it
was an attempt to interfere with in
terstate commerce. Following this re-
lease Harris instituted suit against
Mester for malicious prosecution and
asked for damages in the sum Of
$4,000.
Judge Mcpherson did not attempt to
review the merits of Judge Deemer's
decision, except to emphasize a con-
clusion that eminent jurists have been
known to disagree on important propo-
sitions, but made a special argument
in relation to the findings of justice
courts, declaring them to be just as
binding and conclusive, within their
Jurisdiction, as those of the highest
court in the land. mo man would
dare file an information of any kind"
he said, "if he was to be held respon-
sible for the ruling of the courts in
the end"
Reversed in U. S. Court.
This point was illustrated by the
case of the American Express Com
pany at Tama, charged with the lille
gal handling Of liquor by the Transport
tation of c. o. D. packages. The
grand jury returned an Indictment,
the hearing in district court resulted
in a conviction and the members Of
the supreme court of Iowa unani-
mously affirmed the verdict. Taken to
the supreme court of the United States
q reversal resulted on the point of in
reference with interstate commerce.
The jury was peremptorily ordered
to find for the defendant, Richard R.
Mester The verdict as presented was
signed by the foreman and the mem
bers of the panel did not leave their
seats until discharged.