Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-05-10
YOUNG IS Seeking
R[H[AR|NG Of CASE
Former State Binder Asks
Supreme Court to Pass Upon
His Suit a Second Time
FIGHT is ON A TEcHN'cALlTy
Young Docs Not Deny overcharsss
Alleged, But That the State Cannot
Recover-Would Have the High
Court Reverse Issslf-Arsuments to
Be Hoard Next Week.
Special to Times-Repuplican.

Special to Times -Repupllcan.
Des Moines May 10.-A thirty-four
mage argument accompanies the petit
tion FOR rehearhg In the Lafe Young
case that has been filed in the su-
preme court. and Will be orally argued
next Tuesday The attorney general
will not file printed argument In re-
buttal or the petition, but Will argue
the case orally before the court and W
that argument withhold that the peti-
ton for a rehearing raises no new
propositions In connection with the
case and that to grant the rehearing
as asked for, the court must reverse
itself and recede from its position ON
the questions at law.
The case involves alleged over
charges while Mr.. Young was state
binder. The defense Is that the secre-
tary of state audited the bills and that
the state therefore cannot recover. The
overcharge amounts to several thou
sands OF dollars and the case was tried
In the district court here and decided In
Mr.. Young's favor. In the district court
the judge refused to allow certain exl
hibits TO go to the jury and took parts
of the case away from the jury. Ihe
supreme court reversed the case and
1t fora new trial. The case
was reported in the Northwestern Re-
~ 1ol,,p,o IN nara Z00 sfa
In the petition for q rehearlng the
attorneys for Mr. Young hold that IN
Its opinion reversing the case the SUI
preme court "misapplies settled prin-
ciples of law to the facts in this case
in holding that the principle that a
public officer can not bind the public
when acting outside or beyond the
scope of his authority rules this case,
since the secretary of state, in audit
ing and allowing the bills presented by
the state binder for binding the docu-
ments referred to in the second count
of the petition acted within the scope
Of his authority. expressly conferred
upon him by statute The opinion e'v-
errides established precedents of this
court in holding that the doctrine that
money voluntarily paid under mistake
of law can not be recovered, does not
apply to payments by public officer
to public officer, since the rule an
nounced in Painter VS.. Polk county has
remained the settled law of this state
until the rendition of the opinion in
this case"
The defense Of Young to the charge
of overcharging the state was not that
there had been no overcharge but that
the state could not recover.
sss
The Grant club, the leading organi-
zation of its kind in Iowa, decided yes
terday' that it did not care to listen, to
an address by Hon. Liston Mcmillan,
of Oskaloosa, on the subject: Foraker
and Peace" which the Oskaloosa man
had expressed desire to deliver. The
club directors took pains to have their
action informal and Kept out Of the
official records, but the story leaked
out and the directors excused their
action by stating that the address
would be more appropriate under the
auspices of the Polk County Repub-
lican club.
The Foraker following here claim,
however, that heretofore the club has
been very liberal and that wide lati-
tude both in the matter of speakers
and themes, has been allowed. The
directors also intimated that Senator
Foraker himself might eventually be
invited to speak before the club.
While other states are putting down
bucketshops. the Iowa law IS having
no effect whatever, so investigation
shows. The legislature passed. strln-
gent anti -bucketshop law and 1T is be-
ing evaded on every hand. The Iowa
concerns have affiliated with a board
of trade of their own and are operating
at Kansas City.
The new law does not touch regular
commission houses which have board
of trade connections and hence is not
affecting local bucketshop men at all.
There are two dozen of them in Iowa