Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-09-24
Iowa Legislature May Take Cog
nizance of Gaynor's Action
in Ignoring Law
PRISONERS ARE INTERESTED
Judge Gaynor Has Sentenced Many
After Refusing to Recognize Inde-
terminate Statute = Contempt Pro.
ceedinss Not Improbable = Judge
Evans Takes Seat on Supreme Bench

Special to Times Republican.
Des Moines, Sept. 24.--Whl Judge
Frank r. Gaynor. of LeNtars, of the
Fourth judicial district, be impeached
by the legislature next January? There
are some who are confident that if the
matter comes to the attention of the
legislature in any way, some action
will have to be taken on the action of
Judge Gaynor in refusing TO- recognize
the indeterminate sentence. law.
The indeterminate sentence law was
passed by the regular session of the
Thirty-second general assembly nearly
two years ago. Soon after the session
and after the law had taken effect a
criminal came before Judge Gaynor
for sentence and he refused-tp recog-
nize the indeterminate sentence law
on the ground, it is claimed, that it
was unconstitutional, and sentenced
the criminal to definite term of years
as under the previous law.
Officially while holding that the law
was unconstitutional he did not pass
officially upon that point, for the point
was not raised before him. He simply
ignored the law and went ahead and
sentenced the man for a definite term
of years. Prisoners are nearly always
against the indeterminate sentence
idea for they never know but that they
may have to serve the maximum term
and so usually make no objection to
the definite sentence. Since this first
occasion Judge Gaynor has continued
to, sentence prisoners to definite
term and the, reports going to the state
board of parole from the district court
clerks so show.
The constitutionality of the law has
never been before the courts as
question at issue The conflict that
will first arise will be with the warden
of the penitentiary. The mittimus that
the prisoner shows term
OF years. When the lapse of that term
expires the prisoner may insist on be-
ing released. If the warden should ask
the attorney general for an opinion,
tt' liz quitSt FlihClS W W. uc iliSIfl
be told to pay no.attention 70 the defin-
tie sentence of Judge Gaynor and con-
tinue the prisoner till released by au-
thority of the board of parole. If the
prisoner then insisted and sued for re-.
lease under a writ of habeas corpus the
question of the constitutionality of the
law would at once be raised and could
then be determined by the courts.
But in the meantime Judge Gaynor
continues to sentence for a definite
term of years and it may be some time
before the term of any Of his prison.
srs expires. In the interim what would
happen if at the next session Of the
some citizen Of the state
should insist on having evidence pre-
sented to inopeach Judge Gaynor for
disregard of the law of the state in his
official acts Many believe chat the leg
islature could not avoid impeaching
him.
It seems to be evident that sooner or
ater there must be a "show down be-
tween the legislature and the district
Judge. While it may not come in i'm
parchment proceedings 1t would seem
that either there must be trial in
court wherein the constitutionality of
the law is at issue so as to determine
The matter, started by some prisoner
20 escape at the end of the term to
which he has been sentenced by Judge
5aynor, or else there must be charges
against Judge Gaynor. 1t IS claimed
hat these two courses are the only
'nes open for determining the mat
.er.:
The first case argued to the supreme
,ourt on Tuesday morning, when
Judge William D. Evans sat on the
bench for the first time, was the oc-
,asion of the first meeting between j.
!. Smith. of Ottumwa, and Judge Ev-
,ns since they graduated from the
State University of Iowa in-1S79 They
we're classmates in the university in
The class, of 1879 and Judge Deemer,
llso a member of the supreme court,
vas a member Of the same class. Mr..
Smith is a practicing attorney in OF
umwa. Since he parted with Judge
Evans on commencement day in 1879
he two men had not met till Tuesday
asst when the first case called was one
n which Mr. Smith appeared as at
orney for one side and he arose and
addressed the court. Later the two men
,ook, lunch together at 'bhe Slavery and
discussed old times.
From seed which Mr.. Cownie Sc
cured at the corn exposition last year
he farms of the state institutions of
owa are this year raising the best corn
hey have ever. raised. Tie corn was
started from a single ear by an Hill
lois man who has been breeding and
electfng for thirty years. Several ears
If the corn are on exhibition in the |
,ffices of the state board Of control
It the state house and is we'll natured |
md rem arkably even as to size and |
lepth of grain and uniformity OF
hape. The corn fields at GlenWood at |
he school for the feeble minded will
Ill go over seventy bushels to the |
pcre this year. One of the. greatest OF |
he improvements under the system of |
he board of control over the old trus- |