Omaha daily bee., 1908-07-22
APPOINTMENT DELICATE TASK
Legality Of Iowa's Court Decisions
Depends on Executive.
MANNER OF APPOINTING JUDGE
Vacancy on Supreme bench Not Den-
niteIy Provided for in Primary
Law-Carron saloons
to Cloae,
CFrom a staff cOrrespondentl

LES MOlNb Si July
torney General Byers and Governor Cum
minis are each today studying the legal
questions involved in filling the vacancy
on the supreme bench caused by the death
OF Judge Charles A. Bishop. 1t is recog-
nized that unless the thing is done in a le-
gal manner 1t would give grounds for APP
peals to the United States supreme court in
attacks on the validity Of the courts de-
cislons and would thus afford means for
endless delays in court proceedings by
those disposed to prolong litigation by APP
peals to technicalities
There is really a great deal OF question
as to the proper legal manner of proceed
ure In filling the vacancy. Governor Cum
minis is known to desire to have party NOM
nations made II possible and has intimated
to delegations calling on him in the inter-
ests of candidates that he thought such a
course possible. Today an attempt is being
made to figure 1t all out.
The fact that the parties will probably
be called upon to make nominations has
started the campaign among the eligible
lawyers Of the state in that direction. The
northern part Of the state of Iowa is rep
resented on the supreme bench by Judge
Weaver of Hardin county, Judge Sherwin
Of Cerro Gordo county and Judge Ladd of
O'Brien county. Judge McClain is from
johnson and Judge Deemer from Mont
gomery and Judge Bishop came from Polk
county. The geographical distribution would
therefore give the position to the southern
part OF the state.
Conspicuous Candidates.
In this connection Judge Roberts of OF
tumwa, Judge Towner OF Corning and Sem
ator Berry of Indianola are being mem
toned c~onspicuously. 1t is understood that
the friends of both Judge w. H. McHenry
and Judge James A. Howe OF the Polk
county district bench claim that the posi-
ton should come to this county because
Bishop resided here. Both of the Polk
county men seek the position. Colonel
Clark Of Cedar Rapids is also eligible geo.
graphically as we'll as other ways. If the
Eighth congressional district should pre-
sent an especially strong man, he would
likely stand an excellent chance for the
position.
Orders Carroll saloons Closed.
Attorney General Byers has written a
letter to the authorities in Carroll county
on the closing of the saloons in
that county in accordance with the law.
The correspondence has been started be-
Of numerous complaints made, to the
attorney generals office and because an
Investigation disclosed the violation of the
mulct law. In a letter to County Attorney
e. A. Wissler, Mr.. Byers calls his atten-
ton to the fact that 1t is his duty to start
proceedings against the saloons in ques-
ton. '
Confirm Marriage.
At the home of his mother in his city,
where he has been visiting for a Few days,
the reported engagement and approaching
marriage Of Judge Marcus Kavanaugh OF
Chicago to Miss Herminnie Templeton, the
authoress, was confirmed today. Judge
returned to Chicago Sunday
night. The marriage will take place in
The place of the. wedding and the
arrangements are being kept secret.
Appoints Deputy.
B. c.. Tiff Of St. Ansgar, Ia, has been
appointed deputy state food and dairy COM
missioner by H. r. Wright, the commits
sioner. He succeeds Mr.. Smith, who has
resigned to accept a position in Chicago.
inf will enter his new work August /.
Blows Out Gas-DIes.
Mulhammet Gebran, an Egyptian fresh
from Egypt, blew out the gas at the Mint
hotel in this city last night and later was
dead. He was found by Day Clerk
Mathis, who was attracted by the odor of
gas.
No Fight ON
No fight was made through the courts
against the opening Of the new bre we
n this city today. The brewery is started
BY the Mathis brothers. The arti-saloon
league had announced that there would be
action against. 1t and that as soon as an
was made to make beer that the
place would be closed. This statement
made some time ago. Today the
eague announced that no tight would be
made for the reason that the required
number of sigEers had been secured by
he brewery people.
Governor investigated.
At the request of Governor Cummins a
port has been sent him of the attack
ade in Davenport on witnesses of the
-ivic federation who testified against
saloon keepers in actions there. The gov
'rnor considers offering rewards for the
arrest OF the assailants.
Hunt for 81 900 Package.
Officers of the Adams Express company
are hunting for a package containing 81 ,eO0
which they claim got misplaced. Superin-
Lendent Swift of Chicago is here to assist
IN the search. They are digging out the
corners and cleaning house generally. Ii
Is claimed by the officials that it has been
merely misplaced and will be recovered
shortly, II the package was stolen no
package was left in its place. as
Is sometimes done in express package
thefts, tn package was one of three left
by a local bank to be sent to some coun-
try a and contained currency TO the
Of 1000.
Dunshee IA Treasurer.
Frank S. Dunshee OF Des Moines will
the place Of the late George M. Read
as treasurer Of the American Yeomen.
Judge Roberts OF Ottumwa win take the
place Of Mr.. Dunshee on the board Of d.
rectors.
J. II. Frame will become chairman of
the board. MT. Dunshee has been a MEM
Der OF the board OF directors for seven
years. The 1900. 900 OF funds OF the order
will all be handled through Treasurer Dun
shee.
DIR. DOherty Drowned.