Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-10-10
Famous Mining Suit of Doyle
Against Burns to Be Aired
in Supreme Court
DOYLE CLAIMS PARTNERSHIP
Alleges He Was to Share Equally in
Any Properties in Colorado Burns
Might Acquire-Case Once Before
Supreme court-Ienorance in offic-
ia Life.
Special TO ,rimes-Republlcan.
iai Life.

| Special TO Times Republican.
Des Moines, Oct. 10-The famous big
mining lawsuit of James Doyle against
James F. Burns, from Council Bluffs,
is TO have its second airing before The
supreme court There are millions OIL
dollars OF gold mining property in the
Cripple Creek district Of Colorado ut
stake in the suit, and about eNe.y
lawyer in the city Of Council Bluffs Is
interested in the suit. At the last
trial in the Pottawattamie county dis
trlcs court there were hot words an
acrimonious statements and the case
attracted state wide attention.
Doyle alleges that he entered p.tct-
nership arrangements with Burns
whereby they We're to share equally in
any mining properties that either of
them had or might thereafter possess.
Burns claims this agreement extended
only to certain specific properties. The
agreement was made in February,
1892. The court found largely tor
Burns in both trials but he appealed
because it was not entirely in his fav-
or. His last appeal is on the action
Of the court in overruling a motion to
render judgment in his favor.
Some great discoveries have been
made by the new police and fire COM
missions in the various cities of Iowa
under the law of the last session au-
thorizing such commissions. In the
questions at Council Bluffs it was dis
covered that only small per cent of
the persons taking the examination to
be policemen or firemen knew who was
governor of Iowa. This might be par
doned of politicians such as police
men and tiremen usually are, but at
one of the county teachers institutes
recently, out of 81 teachers attending
the institute only three knew that A.
Is. Storms was president of the Iowa
Agricultural College. There We're thtr-
teen or fourteen knew that Seerley was
president of the State Normal. The
location of the state university was
placed in nearly 81 different cities of
the state, while seventeen had Prof.
Holden president of the Agricultural
College, and about as many others had
him governor of Iowa. Very few
seemingly had ever heard of Governor
Cummins. All of the 81 said they had
criticized the new teachers certificate
law and to the next question asked
have you read the new laW?' all
answered mo- A large per cent, but
lacking many of being all. knew who
was state superintendent of public in
struction.
Injunction proceedings to test the
Des Moines plan will be begun in the
district court today, unless unexpected
changes are made in the program
agreed to yesterday.
A petition has been prepared, at
lacking the constitutionality of the law
and urging the financial liability tho
city may incur, if it proceeds to on
election under the new plan, as rea-
sons for the Issuance of an order re-
,straining the city authorities from
calling an election under the new plan.
Sidney J. Dillon, I. M. Earle and 9TH
er attorneys may appear in the case
on behalf of the taxpayers bringing The
suit Other taxpayers will have the
right to intervene in the case, OF
course, and urge their views upon the
court The city officers will be the
formal defendants in this suit.
1t is the intention of the attorneys
for the taxpayers attacking the law to
raise every objection to the law and
the plans that have been suggested by
it's opponents, both during and since
the campaign of last summer.