Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-10-27
Case of Graham, Who Was Dis
charged by Custodian Nc
Curdy, Brings Out Defects
LAW PROVIDES FOR HEARING
No Tribunal Is Mentioned, However,
and the Spectacle Of Man Being
Tried by the Party by Whom He
Was Discharged May BE seen-Ald-
rich Original Anti.Pass Law Advo-
cate.
,ecial to Trmes-Republlcan.

Special to Tfmes-Republican
Des Moines, Oct. 27.-Some new
phases of the soldiers preference law
will be brought up in the hearing be-
fore Custodian McCurdy as to retain-
ing Thomas Graham the night watch.
Major Charles Mackenzie, judge advo-
cate general of the Iowa department
G. A. r., has been retained in the case
and he is soliciting some aid from
Colonel Clarke, of Cedar Rapids, the
author of the bill The law says that
an old soldier can be discharged only
after a due hearing and on specific
charges. which must relate to incompe-
tency or misconduct. Major Mackenzie
says while the law is not specific as
to who is to hear the evidence on the
hearing yet he may object to McCurdy
hearing them as he alleges that one
man can hardly make the charges and
hear the evidence and pass on it too.
He is also considering exerting in the
interests of his client the privilege Of
the state and national constitution of
the right to be tried by q jury. These
are elements in the law that have not
been brought out heretofore The
Marshalltown case is being tested un-
der the clause OF the law dealing with
the employment of old soldiers by
municipalities and the case in hand
here is under an entirely separate
clause and hence raised new questions
In the Marshalltown case the city coun-
Gil refused to give the man employment
and in the state house case man Is
discharged. A question as to the mat
ter of certiorari proceedings is also
raised. Ordinarily in such proceedings
the higher court merely reviews the
acts OF the, lower court to see that all
actions were strictly legal, but does
not look into the evidence and examine
into the merits of the case. Major
Mackenzie claims that in the present
case IL the charges against Graham
are sustained he will appeal to the dis
trict court for writ of certiorari and
will seek to get the court to review the
evidence as well as the acts OF the GUS
todian.
There was but one predecessor to
Senator Hughes in the matter Of anti
pass laws and that was Curator
Charles Aldrich Of the historical build
ing. In 1882 he introduced bill to
prevent the use of free passes on rail-
roads by public officials and to reduce
the passenger fare on railroads" The
bill was house file 113 and was the
first time so far as can be discovered
when any anti-pass legislation was at
tempted. The bill was ,hotly debated
In the halls of the house and I'm the
newspapers as we'll. The btll was in
troduced January 25,18S2, and ON Feb
ruary % Mr.. William P. Wolf for the
committee reported recommend that
the bill do not pass. Three days later
there was minority report from
three members of the committee, T..
C. Mccall, A. v. Stout and James Ell
erI,ck, who reconme ended that the bill
be passed Amendments and substi-
tutes we're offered but only, one sub
stitute was voted on which was voted
down and the bill itself never reached
vote being probably lost in the sift-
ing committee. There have been any
number Of two-cent fare bills offered,
one of them by Hon. Lafayette Young
of this city, who subsequently changed
his mind and was opposed to his own
bill. The next anti-pass bill was that
by Senator Hughes who introduced his
first bill wfile member of the house
and followed it last session with in
PRODUCING one in the senate.
Some comparisons are being made
here between the speeches of Secre-
tary Taft at Akron, Ohio, in which he
expressed his disapproval Of the state
republican platform and the speeches
of Governor Cumrnins delivered here
before the Polk County Republican
club. The speech by the governor was
the signal for many attacks by the
state papers and by local politicians.
who claimed that the governor should
have been less personal and more dig
nified and cited the speech as another
indication Of his democratic leaning.
Governor Cummins In his address here
challenged the statement of Congress
man Hull in saying that Shaw would
be given the state delegation in his
campaign for president as matter OF
course, and declared that he would do
all he could to see that the support
Of the state went only to the man rep
resenting the sentiments of the ma
iority of the people. Secretary Taft,
member of the presidents cabinet,
according to the Associated Press dis
patches repudiated the republican cam
iidate in Cincinnati saying if he lived
there he would vote against the re-
n,h,ican ticket. Governor Cummins
has always declarvi his abiding faith
in the republican party and has stood
on the party platform while Secretary
Taft said the state platform was not
written with care that should have
been exercised. There seems to he no
criticism so far as can be discovered
of the utterances Of Secretary Taft
State Labor Commissioners e. D.
Brigham Is waiting for more iDforma-'