Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-12-06
BU&@E HAS ONE
Slight CHANGE
Bare Possibility That Governor
Cummins Will Delay Date
Of Execution
STAY OF SENTENCE ONLY HOPE
Legislature of Iowa Has Once Refused
to Consider the Case = Iowa I'm
plement Dealers May Make Con-
oerted Move to Secure Better Freight
Rates.
Special to Times-Republican.

SptCBl 10 lines
Des Moines Dec. Eff persisteucy in
any cause ever won a legal battle then
the attorneys for Louis Busse ousat to
win .ut. Never has case been ha:I-
cr fnnght in Iowa There has beer some
of the case. 1t is now in fact no 10
the governor to act or to permit the
as has been suggested that the last
step has been taken; but 1t is true that
there Is possibility OF further delay.
The supreme court is apparently thru
with the case, but 1t is understood that
when the court meets next week Mr..
Dawson, attorney for Busse, will ask
the court to take some step that VIII
permit of time for the argument OIL
rehearing. In fact the court may i'm
mediately hear the argument on re-
hearing, and OF course il a rehearing
was granted the procedendo would be
recalled at once. The attorneys have
also asked the governor for a stay Of
proceedings. basing it on the broad
ground that Busse was not guilty of
murder in the first degree and that on
this vital question the supreme court
was divided. The next step will be to
ask the governor to submit the matter
to the next legislature for action. Pub
lication of timely notice to that effect
is now too late, but inasmuch as the
question is an irregular one this could
be done. The action of the last legis-
lature, however, was such as to set a
precedent that would exclude presenta-
ton of such cases to the legislature.
The legislature adopted resolution by
unanimous vote, in the case of Busse,
in which it was declared that the leg.
islature had no jurisdiction. The COM
mittee report said:
I'VE beg leave to report that they
have had the said application under
consideration and authorize me to re-
port that the judgment of said commit
tee is that the legislature has no au-
thority or power to act on the case
presented and that the same should be
returned to the governor without rec
ommendation.'
The committees of the legislature
carefully considered the legal phases
of the case and decided that there is no
way that the case of a man sentenced
to death can properly come before the
legislature. 1t is "a matter for the gov
ernor alone to decide. The propriety
of the governor in presenting the case
to the legislature, in view of the con-
fiict of opinion, was recognized, but the
legislature tried to set a precedent so
that it would never be done again In
view of which Governor Cummins viii
hardly give the Busse case to the n ext
legislature. He is yet to pass on .is
question Of direct and complete par
don or reprieve.
No person in Iowa takes more pleas
ure In the results of the last election
in Iowa and the great triumph of the
republican party than Governor Will
lam Larrabee. He would be last to
make effort to conceal the qualification
he feels. "TalSing it all in ALL and con-
sidering everything, it was great vic
tory" he said. 1T was strenuous
campaign. Governor Cummins has
had year of hard work; he fought
thru the victory against enormous
odds, and he came out Of it with clean
hands. Few men, indeed, could have
gone thru what he has with such free
dom from all suspicion Of taint. There
is no doubt that they intended to beat
him and to drive him out Of public life
Their plans We're we'll laid. They have
been able in other years to do what
they planned to do. Their leader stat
ed that he knew the game and was
going to play it. But they failed 1t
was victory that meant some thing
for Iowa."
The Iowa Implement Dealers Asso-
citation is up against the proposition Of
with other similar associations
of merchants in concerted work to Sc
cures legislation and better freight
rates. The meeting here this week has
disclosed the fact that there is con-
lict between the various associations
and feeling that some of them are
encroaching on the others. The strong
est of the mercantile associations is
that of the grocers with about 1900
members. representative Robert
Greene, Of Madison county, has been
at work in the field for a long time or
ganizing this association, and it has
lately changed it's name to The Mer-
chants Association. 1t is now stated
by implement dealers that this associa-
ton is reaching out for new members
and taking in all kinds Of merchants.
Local and county associations are be-
ing formed, chiefly for the purpose of
rating book, and in a
number of counties these books are
published now. Recently a proposal
came to the officers Of the implement
dealers to join with the grocers, the
jewellers, the druggists, the hardware
men and all others in a. State Fed
GRAFTON Of Mercantile Associations. The
officers attended the preliminary meet
ines and helped in framing up an or
but declined to pay the $25
fee for membership or to commit the