Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-07-14
WAGON ROOM THRU
ANN-PAS& LAW
Judge struble Believes Railway
Attorneys Can Hold Office
and Pass Too
wlTHDRAws HIS RESIGNATION
Intent of the Legislature to Reach Lo-
cal Attorneys May Have Been
Thwarted by Construction Of Law
That Attorneys Pay For Their Passes
in Service.
Special to Times-Republican.

Special to Times-,Republican
| Toledo July 14.-Are railroad at
torneys barred from holding public Of
| flee and railway passes at one and
the same time? The mayor of Tama
Thought so and resigned. Hundreds
| OF others are debating the same prob
| lem but Judge Struble, of this city.
has met the issue and taken view
which opens up wagon room thru the
new anti-pass law thru which six
wheel mogul with a full train of Pull
mans could pass on fast mail time.
Judge Struble is and has been the
local attorney for the Northwestern
railroad. He is also member of the
republican judicial committee for the
/ Seventeenth judicial district, composed
| of Tama, Benton and Marshall coun-
ties. When the anti-pass law went
into effect he resigned from the COM
mittee thinking that he could not hold
an office and a pass too. Now he
1 has withdrawn mis- resignation upon the
/ belief, after examining the law, that
! a local attorney pays for his pass in
services. hence does not use a free
pass sold at a less rate than the rate
charged the public The exception in
section 3 to the effect that 1.-The hold
/ ing of public office that pays no fees
/ or salary shall not operate to place
any person within the inhibition of this
act" might also save the judge, but it
would not save the mayor of Tama. 1t
would also permit George Wright or
Ed Hunter to sit on the state central
committee.
If it is judicial fact that a local
attorney for railway pays, for his
lannual and hence does not use
a free pass, then one important intent
of the legislature has been thwarted by
the language of the law, for, after full
debate in the senate, provision ex-
cepting railway employees was stricken
out owing to tive desire to reach rail-
, way attorneys with an anti-pass law.
The question may yet reach the
courts.
The AntiPass Law.
| Section Issuance of free passes
what prohibited-It shall be unlaw-
full for any steam railway or interur-
ban railway company doing business
/
or representative thereof, to issue, give
or offer to any city, county, district,
state or federal officer, including
| judges and members of the genera!
assembly, or to any delegate to a po-
litical convention to use in attending
such convention or return therefron,
or to any member of any political COM
mittee or employe thereof, or to any
candidate for a city, county, district,
state or federal office, or to jurors in
state or federal courts, any free pass,
| ticket or other privilege at rates less
than charged the public.
| Section 2.-Acceptance of free pass
es--what prohibited.-No city, county,
district, state or federal officer, and no
delegate to a county, district, or state
| political convention, and no candidata
for county, district, state or federal
office, and no member of any political
| committee or any employe thereof and
no juror in state or federal courts,
shall request or use any such free
pass ticket or privilege, sold or con-
ferred at a less rate than the rate
charged the public, over any steam
railroad or interurban railroad.
Section 3.-Exceptions.-T hold
ing of notarial commission or pub
lie office that pays no fees, or salary.
or position as a member of the fac
ulty or an officer of state educational
institution, or acting as an officer or
director of the Iowa state board of ag-
riculture or membership in the ma
tional guard, or a membership in the
fire department of any city or the use
of transporta ton in accompanying live
stock or perisha bic freight or the use
of the return privilege, or riding or ac-
cepting transportation upon special
train, run for the public safety, health
or welfare, shall not operate to place
any person within the inhibition of this
act.
Section 4-Railroad Commissioners
Secretary This act shall not apply
to the members of the railway COM
mission, or it's secretary when travel
ing upon official duties.
Section 5.-Excursion or Party
Rates-Nothing in this act contained
shall be construed to prohibit the
granting of excursion or party rates by
any steam railroad or interurban rail-
road company to any class of persons
whomsoever.
Section 6. = estimony.-Immunity |
from Prosecution.-No person and no
agent or officer of any corporation
within the purview of this act shall be
privileged from testifying in relation
to anything herein prohibited: and no
person having 80 testified shall be liza
BILE TO any prosecution or punishment |
for any offense concerning which he
was required to give his testimony or
produce any documentary evidence.
Section 7.-Penalty.-Any person |
convicted of violation of any of the
provisions of this act shall be punished |
by Imprisonment in the county jail not
exceeding six months. or by fine not |
exceeding five hundred dollars ($5o0.-
0o)
Approved April S. A. D. 1905.