Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-07-01
Supreme Court Called Upon to
Decide Between Laws Of the
Netherlands and of Iowa
.kLuMPERT WILL INVOLVED
Relatives Begin Contest to Set Aside
Request to the Poor of kiumpert's
Native Land-Left Small Sum to In.
stitutions and Balance of Fortune to
Countrymen.
Special to Times-Repupltcan.
Countrymen.

court of Iowa must decide whether the
laws of Netherland or the laws OF Iowa
are supreme and shall prevail. Up in
Sioux county, D. j. Klumpert, a
wealthy Hollander, died leaving an es-
| tate of something like $4,000 or more.
He left 10 his relatives a nominal sum
and $500 to the Presbyterian church
of Hospers, where he lived, the total
sum Of his requests amounting to So
500 and all the remainder he willed to
l"the poor of Worst, Gelderland, Meth
erlands..'
The trelatives have started suit to
have the will set aside on the ground
that the poor of WORST are an un-
organized horde which has no legal
tnethod of receiving the money. That
there Is no authority to appoint trus-
lstee to1receive the money for them and
fhat therefore, that provision of the
will Is null and void and that the pro-
perty must be distributed to the rela-
| tives according to the laws of Iowa.
III Theaadminister of the estate has set
up that the poor of Worst are easily
identified. 1t claims that according to
the laws of Netherlands and of Worst
the poor of Worst" are easily iden-
| titled. that these laws provide that as
| a definition for the benefit of just such
cases when will designates the poor
of Worst it shall be determined as
iY,,o inc li1yi1u in the
municipality and whose inheritance has
become vacant and who are supported
by institutions OF charity. Under this
provision the administrator attempts
to set out that there are or We're when
he made answer to the suit, just 1872
"poro of Worst supported by ten in
stitutions and that these institutions
We're authorized by law to receive the
money pro rata.
The attorneys for the relatives in this
country maintained in the district
court that this was no defense and
that the laws Of the Netherlands were
not recognized in this country and that
the laws of Iowa are in conflict. The
district court sustained demur to
that end and on this thereNis an appeal
to the supreme co.."
/. Should a small criminal be dismissed
because big ones escape punishment?
To ali intents and purposes that is the
only question at issue in the case of
the state of Iowa against A. NJ. Steid-
ley, appealed from Lee district court
ito the supreme court. According to the
evidence there is no question but that
Steidley went. to the cellar of a neigh
Dor and stole some butter and canned
fruit. He was in jail for four months
before being brought to trial and the
argument of his attorneys to the jury
was that he should not be sent to the
penitentiary when bigger criminals
were allowed to go free. Repeatedly in
their arguments they urged the jury
to turn him loose for that reason and
the fact that he had served four
months in jail then. The state objected
and the district court ordered against
such arguments and the defense APP
peals!
An effort, Is being made by the
standpatters to induce Mr.. Allison inn
mediately and formally to announce his
candidacy for a seventh term In the
United States senate.
This movement is being engineered
by National Committeeman Ernest e.
Hart, of Council Bluffs, who was elect
ed to represent Iowa in the national
councils of the republican party by J.
w. Blythe, Of Burlington, In 1900
Mr.. Hart recently visited Dubuque to
see Mr.. Allison. Returning from that
city he gave out an extended statement
to the effect that Senator Allison was
in perfect health, good news to the
whole state and nation. He left the
conclusion, by his statement. that SEN
ator Allison could not object to other
candidates entering the senatorial race,
because his perfect health made a |
welcome to him.
Since. returning to Council Bluffs,
Mr. Hart, thru the Council Bluffs Nom
pareil, insisted that Senator Allison
formally announce his candidacy for
seventh term Mr.. Hart calls attention
to the fact that under the new pri-
mary law the people will have a !
chance to vote their preference for
United States senator next year. He
says that the vote will only be binding
but doubts if the legislature
would repudiate what the people voice
as their will at the polls
Besides that Mr.. Hart says that the
primary law provides that leach and |
every candidate shall make and file his |
affidavit stating that he is eligible to |
the office for the township, county, dis
trict or state in which he is and wiz |
be a bona fide candidate for nomination |
FOR said office, and shall file such af-
idavit," etc.
While Mr.. Hart thinks that It is |
doubtful if this applies TO candidates |
'or the senatorship. strictly speaking, |
vet other provisions OF the law seem
% make it clear that IL man expects |
% run for the senate and to ask the |
oeople to vote upon him, if only to
show their preference sentiment, it will |
De necessary for him to file an affi-
lavit and formal declaration of candi-
lacy in order to get his name printed
IN the ballot.
THE situation IS well worthy the
of the senator and his |
ldvisers." says Mr.. Hart, who adds
hat there is no necessity of haste as
here remain eleven months before the
primaries of 1908.
In this connection discussion is going |
about the newspapers of the state rel
,tive to the effect Of the preference vote
.or senator In the announcement of
he candidacy of Governor Cummns |
or the senate. it was stated that the
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