Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-10-22
Petition For Rehearing of Her
Case Submitted Before the
Supreme Court
RESIDENCE OF INSANE WIFE
Another Important Matter Before tho
Court From Washington County
MacBride in Opposition to Teaching
Nature Myths in schooIs-Mac Vicar
Wants Comnissionership.
spec,a, to fines Republican.

I
Des Moines, Oct. 22.-The Jennie
Huegle case was submitted to the SUI
preme court yesterday and there re-
mains nothing left of the famous test
of the state teachers certificate law
but technicalty On the submission OF
the case yesterday afternoon on a mo-
ton for rehearing there was no at
tempt to dispute the merits of the case
| so far as the law and its constitution
allty was, 1t being conceded that on
the other hearings this had been thor
oughly tried out.
Judge Carr for Mrs. Huegle claims
on the petition for rehearng that
in certifying the case to the supreme
court the other side failed to make
the record right. IL merely certifies
that Judgment was properly entered
in the docket of the district court OF
Polk county Judge Carr claims that it
should have been designated which
docket contained the record. There are
several dockets or books which the
. county clerk is directed by law to
keep. One is a court record. Another
is judgment docket and another Is
| a sale book in which is entered the
records of sales of property ordered by
court. He maintains that to state that
the action Of the district court was re-
corded in the docket Is not sufficient
as it may have been entered in the
col, nd hu q
FIy stated that the case was entered in
the records and the showing made that
the book was the proper one of the
supreme court has no Jurisdiction as
the case is not properly appealed and
| II it is not properly appealed the alb
stract cannot be amended and the case
will be thrown out with no further
remedy, the action of the lower court
being for Mrs. Huegle.
The action of the court on the pc
tition for a rehearing Is looked for
late today or tomorrow. If 1t decides
for Mrs. Huegle it will be equivalent
to reversing the first decision of the
supreme court and throwing the case
out in her favor. If it decides against
a rehearing it will end Mrs. Huegle's
brief term as county superintendent Of
public instruction. 1t will then be up
to the board of supervisors to find
some one else for the position.
In one of the cases submitted to the
supreme court this period there is in
volved question that is of interest to
every county,. the question being, does
a wife's residence follow that of the
husband Washington county, Iowa, is
suing Polk county, Iowa, for the cost
of maintaining Nettie Gilmont In the
insane hospital at Mt. Pleasant and for
her maintainence at the county farm
Of Washington county for period
from some time in 1898 to a year or
so ago. In the submission of the case
it is admitted on both sides that her
residence was Washington county and
that she was sent to the insane hospi-
tai several times while a resident Of
Washington county. While she Was
there the husband, Eli Gilmont, moved
to Des Moines. The case is compH-
Gated with more details and Polk
county claims that the husband de-
serted her but the real question is
whether or not the Wife's residence
changes with that of the husband
when the wife is in fact locked up and
restrained of her liberty.
Prof. Thomas Mcbride, of Iowa City.
is championing a fight against teaching
mature myths" to children in the pub
lie schools of Iowa. Some OF the kin
dergarten teachers are taking the de-
fense and claim that it is all right.
There are some text books printed for
use in the schools that give myths as
to the origin of the plants and flowers
The books admit that they are myths.
For instance it is told that roses grew
thorns only after convention had
been called to debate the question what
the roses would do to prevent the an
imals from breaking down the bushes
to get to the pretty roses. 1t was then
unanimously decided to grow thorns as
a protection. There are many other
myths. Professor Mcbride says this
is "tommy-rot" or words to that eff
feet and being professor of botany,
ought to know. He maintains that it
the children are to be taught botany
they ought to be taught the right kind
of botany and ought to be taught moth
ing but the truth and ought not be
taught anything that in later years
they will have TO be corrected on.
Ex- Mayor John Macvicar is likely
to be one Of the most conspicuous can
didates in the campaign for positions
of commissioner Of Des Moines under
the new plan of government. His cleo
ton is not unlikely to be one of the
most interesting features of the cam
paign. 1t is conceded by MacVicars
friends that he has more enemies in
Des Moines than any other man and 1t
is conceded by his enemies that he has
more friends than any other man. One
thing is certain. X-Mayor MacFicar
knows Des Moines city affairs like a
book and is an expert on city and mu-
nicipal questions generally
1t Is not unlikely that in the CAM