Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-12-14
An IOWA. CENSUS
COMPLICATION
Considerable Speculation as to
How State Will Get Around
the Atlantic MIDDLE
THE VOLUME ALREADY PRINTED
II Court Decides the Atlantic Census
Incorrect Secretary Of State Cannot
Certify to Correctness Of State
census-No Money Available for
Reprintins.
pecial to Times-Republican.


Des Moines, Dec 14.-There is con-
siderable speculation as to just how
the executive council is going to get
to issue the census volume, and avoid
the complications arising over the
Atlantic situation. 1t is believed it
could be done If it were not for the
fact that the secretary Of state must
certify to the correctness of the re-
turns. The real difference is that the
volume so far as the population figures
are concerned is all printed and ready
to be bound and it is impossible to
have it reprinted for the reason that
it would mean reprinting the biggest
part Of the census volume and the state
appropriation is all exhausted and
$4,000 which the executive council
borrowed besides. Reprinting the vol
ume is therefore entirely out Of the
question and the courts at Atlantic
are likely to declare the returns for
Atlantic incorrect. II it ended there
it would be alright, but the returns
of Atlantic enter into the returns for
the entire state. The secretary Of
state cannot therefore certify that all
is correct with the exception of the
figures for Atlantic, for Atlantic makes
up part of the state. and If that Is
wrong every population table in the
entire book is incorrect. The law is
special law enacted at the last ses-.
sion and is chapter Of the laws OF
the Thirtieth general assembly. Sec
lions seven and eight which bear on
the matter are as follows:
Chapter 8. Section Census OF
Iowa. 1t shall be the duty Of the exv
ecutive council when said census shall
have been compiled as aforesaid, to
cause the same to be published in a
book to be known as the Census of
Iowa." and when the printing is COM
pleted, the secretary of state shall GER
tify that the same includes the census
publication required by law, and such
certificate, with the date and sigma
ture shall be printed on the page fol-
lowing the title page thereof.
Section Census publication to be
evidence. Whenever in the code of the
supplement to the code, the population
Of any county, city or town is referred
to, it shall be determined by the pub
LEGATION above provided for as of the
date of said certificate, and such cen
sus publication shall be evidence Of
all matters therein contained, and Of
said certificate thereof.
It was thought when the recount is
made OF Atlantic, If one is ordered, the
secretary of state could certify that
the population was correct with the
exception that certain number must
be subtracted from this table and
certain number from that and so ON. 1t
was discovered that this would be i'm
practicable. The law requires the sec
rotary of state to make the certif1ca-
ton and just how he is going to make
1t is more than he knows how. If the
figures were all in one table Of few
pages 1t might he reprinted, but the
Atlantic tables run through tables ex-
tending through hundreds of pages.
A Linn county man is protesting
against being sent to the penitentiary
simply because his name is john
Smith. According to the abstract Of
his case and the arguments of his at
torney, which have been filed with the
clerk of the supreme court in his APP
peal from the Linn county district
court, he was indicted for larceny. Ac-
cording to theAhabitual criminals act
a man convicted Of three previous fell
onies can be given penitentiary sem
tence Of considerable length on the
ground of being an habitual criminal.
The state sought to show that John
Smith was convicted Of felony in
Dallas county, April 3, 1897, and of
two others in Linn county, one con-
viction being November 10, 1887, and
the other October 10, 1901. Smiths at
torney claims that there was no proof
that he was the same John Smith that
was convicted on former occasions and
claims It Is preposterous to throw on
the defendant the burden of proving
that he is not the John Smith. He
claims that under the ruling Of the
Linn county district court any defend
ant by the name of John Smith IS
enormously handicapped as he would
be forced to prove that he is not iden-
teal with Oil the John Smiths that
have been convicted in history. He
claims that the state should be forced
to carry the burden of proof and iden-
tify him as the John Smith of previous
convictions.
The animous of the opposition of
some Of the grocers to the use of coal
tar dyes to color butter and other food
products is being explained and dairy
men are forbidden using coal tar col
oring matter in the butter and butter
business in the state will be ruined
for the reason that the public is preju-
diced in favor of highly colored but
ter and would not consent to the color
less kind. II coloring matter If pro-
hibited by law in butter the dairymen
and farmers will be against the pure
food law and it would doubtless die
an early and lanented death. 1t is
claimed by Professor Bourner Of Iowa
City that a four ounce bottle of coal
tar coioring matter will color enough
butter to feed 5000 people, and hence
he argues that the poisonous effects
so loudly denounced are but trifle
even II the coal tar products are pois-
onous and he maintains that they are
not all poisonous. 1t Is probable the
coloring matter will be excluded from
candies where they are most liable to
work injury. but not from butter where
it IL claimed they amount to nothing
EXCEPT to meet the demand for yellow
butter.
Attorney General Mullan has decided