Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-09-15
ioWA's HIGH JUDICIARY RE-
VERSES ITSELF AND LEAVES
o'NElL IN PREDicAMENT.
DECISION VITALITY AFFECTS
AGENTS FOR LIQUOR HOUSES
Question is Whether First or Second
Ruling of Court Pertains to o'NeiPs
case-Not Probable "Ret" ciarkson
VIII Start New Paper in Des Moines
Iowa People in Texas Floods.
peclal to Times-Repuhlican.

| Special to Times-Republican.
Des doines, Sept. 15-The appeal of
I'D. c. O'Neil, of wapello county, to the
supreme court is one of the oldest
cases that has ever been raised in
Iowa. O'Neil was convicted of solicit
ing orders for liquor He does not deny
the fact that he solicited the orders.
There is a state law that prohibits So
Letting orders for liquors and fixes a
penalty. Before O'Neil solicited his or
ders the supreme court of Iowa held
that the law was unconstitutional and
that the law was of no effect and void.
Since O'Neil solicited the orders the
supreme court has reversed ITS former
ruling and holds that uhe law is con-
stituuonal and of force and effect This
last action of the supreme court was
in order to get in harmony With the
decisions of the supreme court OF the
4 United States
/ Now the question arises as 10 what
will become Of O'Neil. He was convict
ed in the district court since the last
/ decision of the court holding the law
constitutional but the act which he
committed and for which he stands
convicted was committed before that
decision and after the one holding the
! law unconstitutional. But for the last
action Of The court holding the law
constitutional he could not be conviot-
ed The question al issue is. does the
first opinion of the supreme court
stand as the law of the land. If it
doesn't then no citizen can be real
sure of himself in cases respecting
laws which the supreme court has held
lunconstitu tional for the reason that if
the court later changes its mind he is
liable to prosecution.
1t is pretty satisfactorily felt in Des
Moines that James S. Clarkson. late
! collector of the port of New York. will
not start morning daily newspaper
in DeS Moines If the story We're cir
culated that interests back of him were
% buy out one of the daily newspapers
here ii might be believed for time AT
least But Mr.. Clarkson will not start
another newspaper; at least not a daily
IN Des Moines
In The first place it's an open secret
among the friends Of Ret" Garrison
that ne IS not as we'll off financially as
h once was and IS not in position
= start daily newspaper 1t takes
more money II start a newspaper than
20 buy one. especially in q field already
Well occupied by established dailies
The hole under The Hudson river took
conSidera bic of Mr. ClarkSon's money
The Dick Clarkson estate is all intact
but belongs to the various heirs.
Information from the south pant Of
Texas. where a greet many people of
Iowa have located IN recent years in
he orange section, is ,ha. the Rio
:ra.de river IS flooding the entire Sec
iion. Nate Ner.rees. formerly city clerk
i Des Meines. is located al Run. wi1ich
: up the river sh3r. distance from
Brownsville The Country Is fa,. and
me Rio Grande river is higher man the
ground on either side Of 1t for some
miles. The result of the big Monterey
food that drowned 1900 people on the
Mexican side has been to food all the
and below, and the entire country
about where Nertrees and many others
are located is under water and the
,nly means of transportation is by
boat.
At Lyford. which Is twenty miles
from the Rio G-ande river the water
from the river covers the floor Of the
home of A. L. Stanford, formerly of
Washington. Iowa, a foot, and fish and
frogs swim about in his parlor The
family has moved to higher ground
Mr.. Stanford's home is in the edge Of
Lyford and the principal part of the
town is above the high water mark
At Harlingen. which is half way be-
tween Lyford and the Rio Grande, the
people live in the second stories of
their houses ard move about in boats
A number of Iowa people are located
- Harrington.
There are in fact hundreds of Iowa
people in that new country. The Rie
Grande goes over Its banks about once
in four years. This is the year for il
to 60 over its banks. Ordinarily thai
! country gets a scant amount of rain
z fall, the average being about twenty
4 six inches per annum.
4 Adjutant General Logan has an.
1 nounced the appointment of the follow.
\ ing inspecting officer of the Iowa Ma.
4 tional Guard: Fifty-third, Capt. E. S
Geist, assistant inspector of small
4 arms practice; Fifty-fourth, Capt E. c
Z Johnson; Fifty-ffth, Capt L. D. Ross
E E'iftyy-sixtl?, Capt. E. A Ringland
These officers are expected to repor
4 by letter to the colonel of the regimen
and are expected to inspect the small
arms practice of the various compa1l
les of the regiment.
To an audience Of 140 of Des Moines
- leading citizens Senator Albert Z
Cummins last night outlined his view
on two Of the most important question
before the American people and aske.
for their opinions on third problem
of scarcely less moment.
A large share of the club member
ship was present at the dinner whic
| was the clubs formal welcome to Sen
ator Cummins. They were rewarde
by what several of the auditors en-
Enthusiastically told the senator after
wards was 'the best speech he eve
made" It was hearty welcome hi