Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-01-30
LAW
MIL Be- AMENDED
Provisions of Present Law Do
Not Attain the Desired
Results
PROVISIONS TO BE EXTENDED
Definition of Bona-fide En-
pIoyes of Railways to Be Added =
vii, Be Patterned After Present Fed
eral Law-Jury Law Changes De-
mandins Attention of Law Makers.
To rimes-Republican.

Special to Republican.
Des Mones. Jan. 30-The exact FORM
Of the new Iowa anti-pass law mas not
vet been agreed upon. Ii is practically
settled that the present law VIII pe
superseded by one like the federal or
nearly like it. A bill TO that effect IS
IN preparation.
This change will be in accordance
with the recommendations of the gov
ernor's message The Iowa law is sat
isfactory as far as it goes but II ooes
not go far enough, and there has oeen
some demand that the law be made TO
conform to the federal statute TO a'oiu
all chance for misunderstandings But
some of those who are interested in the
matter have been considering Two
questions which are little trouble
some.
One Of these is the relation of the
federal bill to newspaper advertising
1t is recalled that the interstate COM
merce commission has interpreted the
federal bill to mean that no arrange
ment can be made between railroads as
advertisers and newspaper publishers
for an excnange of commodities as IN
other and ordinary commercial trans
actions. 1t is desired that no such
provision be included In the Iowa law.
Some take the ground that Iowa courts
would hardly follow the rulings OF the
interstate commission and there would
be nothing to fear from this source;
but Others feel that the question
should be disposed of specifically.
THE other question relates to the
general distribution of railroad free
passes to local politicians to act in
political capacity under the guise OF
employment as attorneys, physicians or
special agents. Under the Iowa law
now ii is easy to avoid the prohibition
by having the local politician who IS
to receive the passes appointed to some
position in the service of the railroad
company, and whether he gets any pay
for such position, he is exempt from
the law. One suggestion has been
that the class of railroad employees who
are exempt from operation of the law
should be limited to those receiving
say $500 year or more in compensa-
ton directly. On the other hand good
lawyers to whom this has been SUBJ
mitted say that such discrimination
would be beyond the power Of the leg
islature. They also intimate that such
a clause in the bill might have the eff
feet of rendering the whole unconsti-
tutional, so that after the courts have
had a try at it Iowa would be left with
out any law.
One suggestion, however, has met
with much favor, and that is that in
the case of railroad enploye being
elected to any office, state or federal,
he shall cease to be in the exempted
class This would put a stop to rail-
road attorneys sitting in the legislature
and Haunting their passes.
A way to put stop to public def
ance of the laws of the state thru con-
cert of local sentiment, as in the case
of a popular lynching, as suggested in a
bill presented by request in the senate
by Senator DeArmand, of Scott coun-
ty The bill is one to create a new
special district court. 1t would be a
court that could take hold of cases
where the local courts or juries refuse
to bring to justice those guilty of
crime 1t is provided in this bill that
the grand jury acting under this court,
having jurisdiction all over Iowa, shall
diligently inquire into all public Of
fenses committed within the state of
Iowa older than six days and over
which a district court or any inferior
court has not assumed jurisdiction"
The bill is aimed directly at just such
cases as that of the recent lyncting in
Floyd county, where, so it is reported,
from there, it will not be possible to
secure any action by and thru the
courts of that county, owing to the fear
of violence in case action should be
taken. If nothing is done then after
two months have elapsed this general
court sitting at Des Moines may take
jurisdiction, and as the jurors are call
ed from all counties of the state, it
would be able to handle the case free
from local prejudice. The general court
as nroyided by the DeArmand bill
would be Similar W oInCA COu1 ooSC g
that the judge would be elected by the
whole state and it's jurisdiction would
be statewide.
II is probable, also, that under this
kind Of a court there would be some
chance for prosecution of violations
of the prohibition laws that are not
reached by the district courts.
The chance for the passage of the
bill is regarded as remote. 1t was in
troduced at the request of John g.
Helmick. of Davenport, who is said to
have made quite a study of the sub
ject.
Two soldiers roster bills have been
introduced and there seems every like
lfhood that the same old, fight will be
up this session as at former sessions
There are large number who object
to the state appropriatng any money