Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-02-18
Iowa General Assembly Would
Have to Make an Appropria-
ton For That Purpose
pwARFED BY THE sTATEHoUsE
Commission Which Had the Erection
of the Shaft In Charge Was Opposed
to Present Site For the Soldiers
Monument - Interesting Case In
Supreme Court.
to Times-Republican.

Special to Times Republican.
Des Moines. Feb. 1S.-If the Iowa
soldiers monument is moved from Its
present location as General Jarnes -.
| Weaver of ColfaX desires, it VIII nave
10 he done so by act oil the general
assembly and an Appropriation OIL tiie
general assembly made to pay tor the
| EXPENSE. The only way in which lts
removal can be secured is by arousing
| public sentiment to urge the change on
| the legislature The present location
of the monument was fixed upon by
| the Twenty fourth general assembly
which made an appropriation OF Sloo
| 900 for it's erection. While the COM
mission in office at that time was
! opposed to the location it >could do
nothing then but follow the il1struc-
! tions of the legislature and build the
| monument. Artists who have visited
the city claim that the location is
1 mistake because the magnificent capltol
! building dwarfS the appearance OF the
monument. The first suggestion OF
monument to the Iowa soldiers who
lost their lives in the civil wa: came
| from Senator James Harlan. Harriet
| A, Ketcham did much to arouse: inter-
est and out of forty-eight designs hers
was accepted by the commission and
she was awarded the prize of 5000.
The monument commission was creat-
ed by the Twenty-second general as
sembly and an appropria' On Oh So,oOo
| for the preliminary work was made
by the Twenty-third general assem-
bly,.
| AT the next period OF the supreme
| court a case of considerable interest
will be submitted, which will test a
| new law The case is that of the state
| VS. Cy Ashpole from Winnebago coun-
| ty. The use of the word and in the
| indictment in the place of the word
"or'' as in the statutes and the right
| of the state to pass law affecting
| contracts then in force are the prln-
cipal issues at stake. Ashpole was
| renter on the Watts farm of Winnie
bago county and he sold certain grain,
oats and corn, contrary to the pro-
visions of his contract. Under new
law for any one to sell, conceal or
dispose Of any grain" in such case it
is a crime Formerly it was merely
a breach of a contract. The defense
claims because of the use of the word
"and. instead of "or' there is du-
plicity in the indictment. The indict-
ments reads, sell, conceal and dispose
of grain and other products The de-
fense claims he is indicted Tor more
than one offense when but ene was
~ nj. inc q
his contract was in force before the
law was passed and hence the law
is unconstitutional as 1T is eNpost
facto and cam not legally erect con-
tracts in force.
Senator Samuel I'll. Harper OF OF
tumwa is in the city calling upon mem
bers of the Grand Army OF the Repup-
| lie and the posts of this city IN the
interests of his candidacy Tor COM
1nander OF the state G. A. X. When
asked about the interest in his section
i'm the biennial election test ne declaf-
ed there was comparatively no interest.
There seemed to be feeling there that
if by any chance the decision of Judge
Evans was against the CONSTITUTIONS
ality of the law the supreme court
i would sustain the law. The interest IN
J that section of the rate question, how
ever, is very lively. Senator Harper,
was more interested, however, in the
commandership of the G. A. r. at pres
ent The encampment will be held
probably some time next May at os-
kaloosa and Senator Harper expects
to visit as many of the cities OF the
/ state as possible before that time. He
will leave soon for Marshalltown and
visit the post there and from that point
will visit the other large cities and i'm
portant posts of the northern part OF
| the city.
Secretary John Simpson goes to
Chicago today to meet the secretary
of the Minnesota fair association con-
cerning a night show for this year S
fairs. There will there meet the con-
Germ that was to have submitted
proposition at Minneapolis this week.
which meeting was postponed on ac-
count of the irregular traffic.
The supreme court of Iowa is to be
asked to say whether or not juror is
competent to act on the jury in dam
age case against the county when the
Juror is a tax payer This question has
been raised in an appeal from Wapello
county in a damage suit over rhe death
of William M. Wilson. His death re-
suited from his team shying on a
bridge and running off the embank-
ment The suit is for $4,000 and it is
claimed in the appeal that j. VI. Shields
and others We're tax payers. and so in
terested in the case and incompetent
as jurors.
The date of Governor Cumlnins ad-
dress before the business mems meet
ing of the Y. NJ. C. i. of Sioux City
has been changed to March 10 in order
not To interfere with the plans of the
governor to attend the inaugural cere-
monies at Washington. The address