Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1907-11-01
, G0 6
Law Now Operative.

Preference Law Now Operative.
Des Moines.-In two opinions the
supreme court has declared that the
soldiers preference law is valid but
that the courts have no power to
Interfere with the exercise of their
discretion by the public officers en-
ploying persons for positions for ap-
pointment to which the law gives
veterans of the civil war preference.
In effect this will always permit en-
ploying boards to select their choice
among applicants, for it is up to
them to determine if the old soldier
has equal qualifications"
Proceedings were begun at Creston
and at Sioux City by old soldiers de-
MED positions to compel the city
councils to employ them. Mandamus
was asked from the courts. At Sioux
City the writ was issued and at Cres-
ton it was denied. The supreme court
reversed the Sioux City adjudication
and affirmed that at Creston.
At Sioux City G. ]. Ross was an
applicant for appointment as health
officer and was turned down. He
showed the court that he was quail
fled and of good moral character, etc.
Upon the showing the court issued
the writ compelling the council to
employ him and pay him. The city
appealed. In deciding that the courts
can not interfere with the exercise
of discretion by the city officers, the
supreme court says:
1T is only when the discharged
soldier has equal qualifications with
any other person who is being con-
sidered with reference to the filing
of the Office that the discharged
soldier is to be given preference 1t
Is not sufficient that he be found OF
good moral character and competent"
The board has discretion as to
qualifications and mandamus will not
be to direct that discretion
In the case at Creston l.. M. Boyer
was applicant for street commissioner
and was turned down. He applied
for writ but was denied it and ap,
pealed. Again the court held that
the courts can not direct the council
in exercising discretion as to its
finding on whether soldier has
equal qualifications" But, adds the
court, "this is no more than to say
that such official may not act arbi
trarily and unwarrantedly or in dis
regard of evidence clearly and unmis
takably pointing to a contrary result
National Bankers Win Case.
National banks are legally entitled
to the same deductions in their as
vestments in United States bonds as
are allowed state and savings banks
on account of such investments, &C
cording to a decision handed dowr
by Judge James A. Howe of the equit.
division of the district court.
The decision was given in the case
in which the Dies MONIES Nationa
and the Citizens National banks ar
the plaintiffs and the city OF De
Moines is the defendant, but it i
of interest to every other nationa
bank in the city and state. Banker
in other states which have simila
banking laws to Iowa are also watch
ing the progress of the cases wit
interest.
Judge Howe follows the ruling lai
down by the supreme court Of tn
United States in the case brought
several of the local savings bank
against the city to have taxes paid o
government bonds refunded In thos
cases Judge Howe decided against tn
banks, and the Iowa supreme coul
affirmed him. But the United State
supreme court reversed the decisio
of the state court. Now Judge How
holds that the same rule will appl
to national banks and that their go
ernment's bonds are not subject
taxation.
Won Kutzleben Given New Trial.
Erich Won Kutzleben of Iowa coul
ty convicted of murder in the fir!
degree through having wrecked
Rock Island train, was given a ne
trial by the supreme court. which r.
yersed the decision against him in tn
lower court He was convicted !
1905.
The regularity and legality of tn
Indictment was attacked in the 81
preme court by Won Kutzleben's a
torneys, but the court sustains I
Two members, Bishop and Weave
think the grand jury was illegal b
cause more than one of the member
were chosen from the same TOWNSHIP
but the majority of the court believe
the jury to have been correctly draw
But the court holds that he shou
have had a continuance the secor
time when he asked it, for his co
tention was that he was mental
unbalanced and it was improper
stop him from chance to prove
He had to get witnesses from &c
many to aid in this task.
The court also holds that the i
dictment was bad for duplicity.
charged two different crimes. TT
first count charged train wreckir