Omaha daily bee., 1909-01-05
STANDPATTERS YET IN RACE
Iowa Republican Faction Does Not
Withdraw Candidate.
sPEAKERsH1P MILL UNSETTLED
Laws for Preservation of Health VIII
De Urged by state BOARD ut
omInE session of the
Legislature.
n.rom a staff Corrcsnondentl

DIES MONIES. Jan. L-(Special)-barly
trains Monday are expected to bring legis-
Iators frcking to Des Moines from all
parts OF the state. The week preceding
converting OF the Thirty-thlrd general as
semblv PROMISES to be one Of the liveliest
known I'm this state. There Is a spirited
contest on for speakership. Hitherto It
has generally been known who would be
the speaker and aspirants for committee
cbairmanships had only to beseige that
candidate with their requests. This year
thav do not know where to settle ana
,ook for hone. They will accordingly come
ca rIv TO the city to watch the progress OF
the struggle and to be ready 10 urge
their wishes as early as pobsIDle
with the man who will be the next speaker
Of the house.
II IL expected the earlier trains Will
bring nom old members than new ones
as they have more claims Tor preIerehce
on Appointments. But as there rs such a
division this year It is not at all unlikely
that new members will be able by throW-
ing their support and strength the rlsht
nav IN ret as much consideration as an
old member. AS a matter OF tact the nnen
who get the consideration this time are
likely to be those who are the pest
guessers.
Many Aspirants in Line.
II 10 understood tha the candidates Tor
speakership will be In Des Moines Monday
all OF them, with headquarters at the
hotels receiving their friends and lining up
members for their support. This line OF
aspIrants includes Feeley of Black Hawk'
White of Story, Lee of Emmett Marston
Of Cerro Gordo, Darrah of Lucas Merldlth
of Cass and others. While 1t is UNDER
stood the standpatters intend to Withdraw
all candidates. Harding of Woodbury. VINO
was the most prominent standpat candidate
has made no official announcement OF MS
Withdrawal.
Laws Governing Health.
Just what laws regarding the health of
Iowa will be asked from the State de-
partment will not be known untli the
regular meeting of the members OF the
state Board of Health at the capitol
January 10. Al that time the state secre-
tary. Louis A. Thomas, will suggest that
a number of laws for the preservation Of
health be urged by the board upon the
legislature. What action the board may
take is. Of course, uncertain. These laws
60 be discussed, however, deal with better
sanitation. more stringent of quarantine
laws and gathering vital statistics.
The constitutionality of the indetermi-
nate sentence law is to be decided by the
supreme court this winter. The fact that
the question has been raised in this judicial
body may deter the legislature from TAX
ing up the impeachment proceedings against
Judge Gaynor until after the court has
rendered an opinion. II the supreme court
holds the law is constitutional and binding,
even more judges may come In for legisla-
tive investigation.
The question arises in a case appealed
from Bremen county in which one George
Perkins, convicted of adultery, was given a
fixed sentence by Judge Clyde of Usage
of one year in the penitentiary. Under the
code this crime comes under the indeterr1-
mate class. with d sentence not to exceed
three years.
Perkins, through his lawyers, has APP
pealed the case, charging that he has been
improperly sentenced by the lower court.
and accordingly asks a new trial 1t is
expected in this case that the question OF
the lower courts Judge in Ignoring the IN
discriminate law and arbitrarily fixing a
one-year term will be reviewed by the su-
preme court and IN opinion given one way
or the other as to whether the law is bind
ing upon the district judge. II they rule
the law is b binding. Judge Clyde, with Judge
GGynor and Judge Hutchinson, may come
In for legislative impeachment proceedings.
III tney RUE the law Is not CONSTITUTIONAL
1t will upset the whole plan of reformatory
prison methods decided upon by the legis-
lature two years ago. Such a decision,
however, would give the present legisla-
ture an opportunity to enact some suitable
substitute.
The attorney general expects to argue the
case with a viewpoint of getting the ques-
ton of the constitutionality of the indie
terminate law settled. The case will be
pushed with a view of getting a decision
before the coming Thirty-third assembly
adjourns its session.