Omaha daily bee., 1909-04-16
Iowa
ATTACKS MADE UPON Law
Governor Carroll Listens to Evidence
Against Saloon Bill.
STATE MAY BUY MORE LAND
Legal Attack Made Finally Upou
state Parole Law, Already Dis
rewarded by Many Dis-
trict judges.
lFrom a sad correspondent.l

'tiOil n oNclA COIINsHonutnNI
DIES MONIES, April ~15.-(Special Gov
ernor Carroll Wednesday heard arguments
on the validity of the bill which was passed
by the legislature limiting to one for every
1000 Of population the number of saloons
In any city or town. Attorney Birdsull
OF Waterloo. who represents the outside
brewery interests, filed with the governor
a statement of the situation and urged the
governor not TO sign the bill, since, in his
view. It would not become a law even II
signed. The governor today signed the bill.
The controversy is as to the record Of
the bill as made in the haste and hurry
OF the last day. Mr.. Birdsali contending
that according to the record the bill which
passed the house did not conform exactly
to the bill which passed the senate. The
attorney general informally holds that the
discrepancy, which is apparent. relates to
nonessentials and that It is not sufficient
to warrant the courts in MULTIPLYING the law.
Nc attack was made upon the wisdom Of
the law. 1t lie a question which has not
before been raised as to any Iowa law or
bill
Will Buy More Land.
TIE state Of Iowa owns over 1000 acres
at the various state institutions and a large
part OI lIilb II IATHeu IN bGCOEudnCS WIN
the very best methods known to the farm
ers OF the state, but the Legislature recently
gave the Board Of Control $4,000 with
v hich to buy more land. The board had
asked for $4,000 with which to buy a farm
for an epileptic colony. but this was not
given, and 1t was thought possible that
the board might use a part of the %o,)O
for that purpose. Rut the board stated to
- A. I--s.laNnr. that og n
n after of fact the intention is to buy a
tract of about 200 acres at the state prison
al Fort Madison, smaller tracts at Glen
wood and Cherokee and probably not use
all of the appropriation. No effort will be
made at this time to establish for Iowa an
epileptic colony, though unless this is done
the state hospitals will have to be enlarged
in a few years.
Attack state Parole Law.
The state parole and indeterminste sent
ence law has been attacked In the supreme
court in a case from Winneshiek county,
wherein a convict seeks his liberty on the
ground that the Jaw ls unconstitutional.
The matter has been argued to the courts.
The claim is broadly made that inasmuch
as the sole power OF pardon is vested in
the governor the advisory power which is
given to the new board in relation to
prison sentences is not warranted. As a
of fact, four of the judges on the
bench in Iowa have refused to obey the
law and nave been engaged in sentencing
to definite terms in violation OF
the law.
VIII Try 10 Gust an Omcial.
The state executive council, It is ex-
pected, viii tomorrow take up and con-
the situation with regard to its rights
in the matteroof the expense accounts of
the various state appointive officers. Tho
governor sought the removal of the State
Pharmacy board, and then turned 1t over
to the attorney general for action, recon-
mending that certain persons be prosecuted
in court for perjury in connection with
questionable bills. Now, under a new law
the executive council can take up the
matters. 1t is possible that some definite
action will be taken to remove officials.
survey of thu River.
An engineer in the pay of the federal
government arrived in this city today, pre-
sent here upon the urgent request
Of Congressman Huh, to make estimates
on the making Of the Des Moines river
navigable to this point. The survey and
investigation will begin at once and p9ob-
not be completed before the next cleo
ton for members of congress.
Army Balloon at Des MOines.
It was announced tonight by Major
March of the military board. in session
here, that an army balloon corps will be
used during the maneuvers at Fort Des
Moines, September 20 TO 20.
The aeronautic drills will be under the
Of Captain Ouray and the equip
ment viii include a dirigible balloon of
model.
Attacks upon imaginery battleships will
be made.
There is some doubt whether Maybray
will be tried in the United States court, in
somuch as he has been indicted in the
state court at Council Bluffs. There is a
disposition on the part of the federal Of
ficials to have the prisoner convicted. if
possible, under the state law, as the pen
atty IS much more severe.
Judge Mcpherson, before whom the case
may be heard in the United States court,
is at Keokuk and will not be able TO
mako any dfanogittnu Of thu pattor uptII