Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-07-24
TRUST CASE DROPPED
County Attorney Miller Of Polk Will
Not Carry Insurance Case Up to
Determine constitutionaIity Of the
Iowa Anti Trust Law.

Des Moines, July 24.-Because an
appeal which County Attorney Miller
carried to the supreme court on
whether or not Iowa's antitrust stat
ute is unconstitutional has been drop
ped so it has developed. Iowans have
no means of knowing whether or not it
is within their power to fight an al
legged illegal combination Of ice men.
coal dealers or other dealers who are
thought to have an understanding as to
the prices that are asked turnout some
Iowa cities.
This question is one of the interest
ing problems which enters into the
investigation of the alleged local ice
trust which parties have asked the
grand jury to make.
So far as an alleged insurance trust
is concerned, the statute has been de-
clared unconstitutional by Judge Nc
Vey. But whether this decision would
apply to men who have an understand
ing OF agreement as to how much
shall be charged the consumer for one
of the necessities of life is mooted
question. 1t is one upon which a.tor-
neys differ, but which has been inter
preted by them both ways
Only one attorney of those seen by
a Capital representative yesterday has
come out squarely in the open. Major
Charles Mackenzie, candidate for at
torney general, declares that the stat
ute has been declared constitutional by
the United States supreme court in a
decision reversing Judge Smith Nc
Pherson handed down only a few
months ago.
This decision related to an alleged
combination of insurance writer's, and
while brought before Judge McPher-
son was brought under the terms Of
the Iowa statute" said Major Mac
kenzie. Judge Mcpherson held the
statute to be unconstitutional, but the
United States supreme court held that
he had erred and that the statdta IS
good In my opinion his holding is abb
solutely steadfast."
1t will be a surprise to the people of
the state who have been watching the
progress of the Polk county appeal to
know that it has been abandoned This
has been explained by County Attorney
Miller as due to the fact that the de-
cision would have applied only to the
particular insurance instance carried
up and not to the merits of the question
OF whether the statute is constitution
al.
The decision, which has been regard
ed by many attorneys as adverse TO the
antitrust section, was handed down by
Judge McVey when Pension. Agent
Wilcox, w. H. Skinner and two othe-
insurance men were arrested on an in
formation filed by B. F. Loose several
months ago. Loose charged the men
with violating the denomination
law by maintaining a trust of insur-
ance underwriters which made it i'm
possible for new agent to do any
business here unless he first Joined the
order and paid SO much to common
fund. On writ of habeas corpus the
question went up to Judge iMcVey, who
held that in that instance the statute
was unconstitutional. County Attorney
Miller immediately announced that he
would take the question up to the su-
preme court and get g. ruling
Had we carried the question up the
supreme court would have decided only
whether or not these four men were
guilty as charged and not whether the
statute in question is constitutional
under any other construction" said Mr..
Miller, in explaining the dropping OF
the appeal.