Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-11-19
COURTS AND FEDERAL DEPART.
MENTs SCORED FOR SLOW
NESS IN FLOUR CASES.
GOVERNMENT MACHINERY
SLOW IN GETTING ANYWHERE
BIeached Flour Suits Four Times POST
poned in Federal court-Millers In
censed at Dilatory Methods-Judse
Evans Gaining Fame as Dissenter
on the Supreme Court.
Special to Times-Republicar.

Special to Times Republican.
Des Moines, Nov. 19.-Under the
significant title of "the department of
delay the Milling and Grain News, of
Kansas City, one of the strong jour
nails allied with the milling trade, re-
Gently made a sensational arraignment
of the federal courts and officials and
departments for the annoying delay in
getting at the trial of the flour bleach
ing cases on their merits. Now that
another delay has been made by send
ing the cases from Des Moines to Coun-
ell Bluffs the Milling News can add
another chapter to its interesting story.
The cases were to be tried here but
Judge Mcpherson sent them to the
Bluffs and incidentally directed that
samples of the flour be kept and the
| large shipments be released.
| In connection with this case here
there almost developed that seemed to
be a sensation in the admission by an
attorney for the government that the
flour seized does not contain as much
evidence of the bleaching as bleached
flour usually does and gave for reason
that the millers had been Informed
when the seizures We're TO be made and
prepared for it. This seems improb-
able from the fact that a part of the
flour seized was in possession of the
state of Iowa and it is certain there
was no warning of this.
The history of the cases, as given BY
! -l,n rn,
the federal machinery is adapted te
not getting anywhere with anything. l
is related that three attorneys for the
millers went from st. Louis, Omaha
and Wichita, to Cincinnati on Oct. 1!
under notice from the United States at
torney for Iowa, that taking of deposi'
tons would begin there. They fount
all the papers on file but no witnesse
and in answer to a wire Attorney cen
eral Wickersham indicated he knew
nothing of the proceedings planned
Wickersham said the government ha
secured another attorney to take charg
of the cases anyway. Pierce Butler o
ST. Paul has been hired TO take charg
of the cases for the department of agri
culture. There have now been fou
delays since the cases first reache
court in Iowa, at Cedar Rapids Sept. p
at Des Moines Oct. 4, at Cincinnati DC
10 and now again at Des Moines i
u November.
4 A suggestion contained in one of tn
4 supreme court decisions this week wi
d unquestionably be seized upon b
| members of the next legislature as tt
basis for the passage of a law to defir
q itely fix the status of one frequel
j clause in wills. The legislation woul
be in the nature of a direction ths
any clause in a will which seeks
a prevent will contest by disinherftin
anyone making contest should
d void The sharp division in the cou
q would indicate that this is needed
In the Moran will case from Hardi
n county. some of the heirs contested ar
q the courts held that the provision
A the will which completely disinheritt
a them was good The court in discus
a ing the matter showed that there
q diversity among the courts but gel
a orally that such provisions in wills ha7
81 been upheld.
4 Justice Evans, who is becoming qui
dissenter, filed an opinion contra
in which he pointed out the duty of II
a court to make an inquiry and ascerta
the facts in regard to any will.
J If the court is to learn the tru
from outside sources of Information
wrote Evans, 1T is manifestly in
portant that the highway of inform
IL ton to the court be kept open and tn
- there shall be no lion in the way. B
here is a forfeiture provision in t
~ purported will itself which may be
De roaring lion intended to terrorize eve
beneficiary of the will. Its demand
that no adverse evidence be volu
to teered. Its tendency is necessarily
suppress material facts, thus to il
1T pede the administration of the Il
MT according to the true spirit. A go
faith contest of a will is in strict Ii
ne and in strict consistency with the dr
of judicial Investigation and determi
alton imposed on the court by I
m law
- Judge Evans therefore conclut
that such provisions of law are CO
on trary to public policy. If this is tr
w. a simple clause in the code will e
the matter, for at present there is no
ng ing in the code on the subject and
courts make the law.