Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-25
Expected That Attorney General
Will Rule on Supreme Judge
ship Vacancy
MAY DEMAND NEW CONVENTION
Outside Attorneys and Party Men,
bers Hold Varying views--oid Con-
vention May Be Reassembled, New
Ono Summoned or Matter Left to
State Central Committee.
Special to Times Republican.

eral H. w. Byers will give the COVER
nor his opinion Of how the vacancy on
the supreme bench should beefilled and
from the discussion OF lawyers who
have discussed the. matter with the
governor and with Mr.. Byers 1t Is be-
|lieved that the question is between
the calling of a state convention COM
posed of the delegates selected thru
the primary election law and a new
convention Of delegates selected thru
the caucus and convention system.
There are many who re'staking the
view that the delegates to the state
convention having been selected thru
the machinery of the law are now pub
lie officials and hold office till their
successors are elected and qualify the
same as any other public officials, On
this ground the state central commit
tee would have nothing to do but to
|scall the delegates to the Waterloo CON-
|vention together. This could be done
in a short time and the nominations
could be quickly made and the matter
disposed of and gotten out OF the way
for the coming campaign.
This idea may not meet the idea OF
all of the prospective and active cam
didates for the position since some of
the candidates would like to have
hand in the selection Of the delegates
to the state convention. But 1t lis
known to meet the ideas Of some OF
them.
There are eminent authorities in the
state who believe that the state CEN
trail committees have authority to fill
the position. The line Of argument on
that proposition is that the legislature
Intended. to provide for the filling OF
all vacancies. It provided that all va
cancies on the ticket should be filed
by the, state central committees and
evidently overlooked the fact that
some Of the supreme court judges and
some Of the railroad commission hold
over each time past the two year per-
fod and are hence not on the ticket
tho there is the possibility Of a va
cancy Those who take this view ar
que that the law must be interpreted
as to it's spirit and the law having pro-
yided that the central committee
should fill vacancies it must be con-
sidered that had the legislature not
overlooked athe matter It would have
provided for the committee to fill all
vacancies.
There are some grounds for haste in
the matter of making the selection so
that the vacancy can be filled soon. Re-
Gently Judge Bishop devoted a large
amount of his time to studying the
Des Moines Plan case which went to
him in the assignment of cases. He
devoted great study to the case and
the opinion which was written by him
was considered an exhaustive and
careful handling of the matter. It
took so much Of his time to prepare 1T
however, that he got behind on the
other cases that were assigned to him.
The other members Of the court are
about up with their work and they do
not desire to make a reassignment OF
the cases left in the hands of Judge
Bishop until the other member OF the
court has been selected.
Lawyers are hoping that the selec-
ton to fill the vacancy will be good
one and that some one of eminence In
the state will be selected to the posi-
ton. For this reason there are some
additional recruits to the following OF
Colonel Clark. of Cedar Rapids, and
also to ex-senator Berry Of Indianola.
The addition OF either one Of these
men to the supreme court bench would
be a decided acquisition. If Colonel
Clark were chosen he probably wouldno
care to remain In the position a great
while because of his age, but he is rec
,ognized. as being such a competent
lawyer that 1t would add weight to
/ the bench.
There is; considerable discussion
among politicians as well as lawyers
to the effect that a man who has not
served on the district bench is more
needed on, the supreme court at this
|,tirne than one who has, and both
|5Colone1 Clark and Senator Berry mee>
that requirement. 1t is claimed that
men who have served on the district
',ench fail to take the view Of the law
hat lawyer Of many years train
s1g as an advocate but possessing the
judicial temperament takes and that
there being four former district judges
m the bench already someone not a
district judge could be added to the
advantage of the court.
President Cameron, of the state
',card of agriculture, believes that the
rate given by the railroads for the
ate fair will be worth $4,000 at the
very least to the state fair this year.
The railroads will announce the rate
" folders and handbills distributed
long the line and the fair will thus
receive large amount of advertis-
: ing outside of that done by the fair
itsel.
The rate given by the railroads Is
3 cents mile for the round trip, with
minimum rate OF rs cents. This
! snduction win reach all the territory
in the state where reduced rate
nust be offered as an inducement to
ret the people to-attend. From dis
lance of 100 miles the people can at
tend for SO for the round trip.
ss's.
Leonard Haley has relatives or al
least friends in Pittsburg. Pa. Haley
and another man were convicted OF
the murder of a policemen in Du-
sua1e and were sentenced to life Inn
prisonment. Haley has never disclosed
ibis identity and every effort to de-
ternline who he really is has been flu
tile. That he IS . man of education
and probably fnnml a good family is
more than suspected. While Haley