Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-03-12
Habitual Criminal Law Receives
Approval Of Iowa's Supreme
Court
A TEST CASE FROM FAYETTE
Law Not Cruel or Inhuman-court
Makes Important Ruling in. Suit
Brought Against the HubbeIIs-In-
dictments for Renting Houses for
Immoral Purposes Held as Valid.
Special to r,mes-Republican.

Des Moines, March 12.-The supreme
court decided that the habitual Grim
inal act is constitutional. In an opin-
ion handed down Tuesday in the case
of the state against Vernon Dowden,
alias Thomas Wood, the court holds
that the law has continually in other
courts been held to be constitutional
and it holds to the same view.
In the case in question Dowden is
alleged to have stolen mare from
George Frey of Fayette county in
March, 1907. On the showing that it
fenced under the habitual criminal act.
In the appeal of the case to the SUI
preme court Dowden's attorneys en-
deavored to have the law, section
5091-b Of the code supplement set aside
as unconstitutional.
On the claim that it was rnconst-
tutional because 1t was eX post facto
In its operations in that the act hay
ing been passed since the former con-
victions changes the burden of proof.
the court held that this question was
not argued in the district court and
hence 1t would not consider it but in
the further discussion of the case in
tinated that it was not a valid con-
tention.
1t was further argued by the de-
Tense that the law was unconstitutional
because cruel and inhuman. The
contention as the legislature has full
authority to judge what is cruel and
inhuman and the court has not the
right to invade such authority.
Another case of considerable i'm
portance to the city of Des Moines de-
cided by the supreme court is that
against the r. M. Hubben & Sons
Co, in which the company was
indicted for renting houses for purpos-
es of immortality. The company de-
INJURED to the indictments and APP
pealed to the supreme court. The de-
muir was on the grounds that the in
dictments were bad for duplicity and
uncertainty. the uncertainty being that
the location OF the houses was not
stated. The supreme court decided in
favor of the state that the indictments
were good and the case will now go to
trial in the district court. There are
seven of the cases against the Hub
bells.
:. TIL practicegof r. N. sHubbell, .Des
Moines' millionaire, Of renting his
houses on Cherry street for Improper
purposes has been one of the problems
of the city. Much of lifetime the con-
germ has had police protection and it
was almost impossible to get one of
the houses raided for evidence. There
is public school close by to Cherry
street and the school authorities We're
not even able to get the street cleaned
out on account Of that school for many
years. On the east end of the street
there are some manufactures, includ-
ing a box factory and some other fac
tories where girls and women are en-
ployed. These objected to the pur-
pose for which the houses were rented
but were unable IN spite of repeated
objections to the police and to Hvbbell
himself, to get the business going on
in the houses closed.
The picture Of one Of Hubbells sons
was recently published in a Des Moines
paper as one Of the directors or trus-
tees Of rescue home for girls which
It is proposed to establish in the city.