Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-15
Guessers Have Picked Cedar
Rapids Nan For Supreme
Bench
MEASURES UP TO POSITION
Colonel Clark One Of the Ab,est Law :
yers in the State - Does Not Seek
the Position = Attorney General II.
w. Byers Also Among the Possibii
ties = Byers Has Important Work.
Special to Times-Republican.

Special to Times Republican.
Des Moines, July 15.-One of the
best guesses as to the appointment to
fill the vacancy on the supreme bench
Is Col Charles A. Clark, of Cedar
Rapids. Colonel Clark was born Jan.
y26, 1S41, and is therefore 81 years old.
He is in vigorous health, however, and
in the active practice of law. When his
name is mentioned in that connection
his age Is always brought up as a
condition against him. Judges on the
supreme bench of the United States
usually retire soon after they reach
the age Of 20. But Colonel Clark at 81
is in vigorous health and in the active
practice of law and is recognized as
one of the ablest lawyers in the state
at this time.
Among lawyers there 10 considerable
sentiment for putting into the position
man who has made great reputa-
ton as lawyer rather than one who
has served on the bench. Colonel
Clark answers that description. There
Is a growing belief that there is no
legal method by which a nomination
can be made on the party tickets for
the November election this year, hence
the appointment would be for a little
over two years. Colonel Clark would
then be nearly 70 and If he didn't care
to enter upon full six year term the
state conventions could make nominal
tions in the regular way.
One of the uppermost questions Us
whether Colonel Clark wishes the ap-
pontment or not. In this connection
ssawyers are saying that any man who
seeks the appointment to the vacancy
would show by that act that he is not
big enough for the position. Colonel
Clark is not seeking the appointment
and the question is one of inducing
him to accept
/ Colonel Clark in many ways is an
ideal man for the position. With the
serving in the union army during the
civil war Colonel Clark has been en-
gagged continuously in the practice OF
law. He located at Webster City In
1866 and began practicing law remain
ing there for ten years and then going
to Cedar Rapids where he has prac-
ticed law ever since. He got his title
Of Colonel in the civil war, having
been promoted by degrees from the
position Of private in Company A OF
the Sixth Maine volunteers. He was
department commander Of the Iowa
G. A. R., was the chief advocate Of the
soldiers preference law and If ap-
pointed would be with Colonel Palmer
Of the railroad commission, about the
last old soldier to hold a state office.
Furthermore while ever active and
outspoken in politics Colonel Clark
has not mixed actively in the factional
affairs Of the republican party In
but for time supported the demo-
cratic party till 1896 when he again
Joined the republican party and Is a
republican now. He cast his first vote
for Lincoln and was delegate to the
republican national convention at Gin
cinnati in 1872
Along with Colonel Clark an excellent
guess for the position is Attorney Cen
eral H. W. Byers. Mr.. Byers is not
candidate for the position but his
fitness naturally suggests his name. Mr..
Byers has served but a year and half
of two year term for attorney gen.
eral and is the nominee of the repub-
licans for another term. Custom gives
the office three terms of two years each
the same as for the other state Off
GERS.
Soon after Mr. Byers had taken his
office as attorney general he stated
that the corporation laws Of the state
courts to any extent. Many of the laws
after being put on the statute books
had never brought up in court. Many
of them were being violated and he
proposed to enforce them and If the
laws were weak the attempt to en-
force them would bring out the weak
ness so that the legislature could
strengthen them. This would be SER
vice to the state. the value Of which
everyone can recognize. At about that
time Davenport took notion to defy
the state on the muIct law and the
attention of the attorney general has
been taken since that time largely in
enforcing the mulct law and forcing
county attorneys to do their duty. Last
Saturday a suit was filed against the
Western Union which is the first Of
many possible suits against corpora
tions. If Mr.. Byers were to go to the
supreme bench the work would have to
be turned over to another.
1t is understood that there are a
number of judges of the district bench
actively in the field for the appoint
ment. One Judge left the cool shades
of northern Minnesota summer re-
sort with great haste to return to the
blistering streets of the cities Of Iowa
in the hope of getting the support of
influential lawyers for the position.
Chairman Carl r. FRANKIE has been
authorized by the republican state CEN
trail committee to call meeting of the