Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1908-01-24
sustains Anti-Pass.

1So nolLeS.--JuuSeA dld "A. SuuTCu
of Green county has sustained the
anti-pass law enacted by the Iowa leg
islature of 1907, and has declined to
issue the writ of habeas corpus for
which application was made by H. F.
Schultz of Storm Lake, the Illinois
Central attorney, who attempted to
ride on pass and was prosecuted
therefor by Attorney General H. w.
Byers.
Schultz was arrested in October
under charge of violation of the law.
Instead of standing trial he decided
to apply for a writ of habeas corpus,
pleading the unconstitutionality of
the act. This raised the Issue of the
validity of the law, directly. Judge
Church sustains the law and of
course Mr.. Schultz will appeal to the
supreme court,
1t was test case, of course, the
railroad company appearing by it's at
torneys for Mr.. Schultz. Upon its
final determination depends the con-
duct Of the pass business by the rail
roads, with respect to their local at
torneys. In the legislature of 1907
question of issuing passes to local at
torneys and doctors of the companies.
1t was claimed that the companies
ought to have the right to retain the
services of attorneys in different
communities. Many compromises were
proposed in the several conference
committees between the house and
senate, covering the question, but
finally the law was passed as the
house demanded, absolutely prohibit
ing railroad companies from giving at
torneys and doctors passes and pro-
i hibiting lawyers and doctors from ac-
cepting passes.
No opinion in the case will be hand
ed down by Judge Church. He said
that he should be glad to do so, and
If his were the court of final adjudi-
cation in this matter, he would feel it
his duty to inform the public as to
/ the steps by which he reached this
! conclusion; but as a nisi prius court,
knowing that the case will go higher,
he deems it inappropriate to offer a
| voluminous explanation of his finding.
The decree in the case is now being
prepared, it is understood, and will
! be filed by Judge Church in few
days.
The appeal will then be prosecuted
in the supreme court. If the decision
of Judge Church is sustained by that
tribunal then Mr.. Schultz will have
to stand trial in the courts at Storm
Lake. However, there is an agreed
statement of fact to the effect that
the company issued the pass in ques-
] ton and that Mr.. Schultz rode on it,
SO that if the supreme court sustains
the lower court there will be little
more to do but assess the penalty
against Mr.. Schultz and the railroad
Judge Church sustains the cohten-
ton of ttorney General Byers on both
phases of the case
General Byers contended that it
was unlawful to accept and use, or
to issue, both an intrastate and an
interstate pass. 1t has been the con-
tention of the railroad companies that
they had right to issue pass good
from point in this state to point
in another state. They called it inter-
state business. 1t has been the con-
tention of the Iowa authorities that
the Iowa law covers the use of an
interstate pass in this state On this
point Judge Church also sustains. the
law
The theory of the state authorities
Is that while Iowa may have no
authority over interstate business it
has power to regulate passes of what
ever kind SO far as their use In Iowa
is concerned. That a pass may have
termination in another state does not
affect its character as pass in this
state.