Omaha daily bee., 1910-02-20
WARE SECURES HIS RELEASE
Supreme Court Rebukes Judge Towner
in It's Decision.
B. W. GARRETT IS OUT FOR CLERK
Resigns ss officer OF Parole board
and VIII Try Tor Same
Place with Supreme
ST., Court.

rendered a decision In the famous case Of
Leroy Ware of Wayne county, rebuking
and reversing Judge Towner and releasing
Ware from prison. Ware had been sent TO
prison for five, years on a plea OF guilty
Of Irregularities In the bank at Seymour,
OF which he was cashier. After a year and
two months, he was released on parole.
The matter became of political conse-
quence in southern Iowa and Judge Towner
ordered him sent back to prison on the
theory that the parole board had no right
to consider a case starting before the
board was organized and also because the
law was Unconstitutional Habeas corpus
proceedings were brought and today the
court ordered Ware released and upheld
the law and the parole board In every re-
spect.
Names on Petitions.
In an important saloon case from OF
tumwa the court also held today that only
persons who have actually voted at the
last general election are entitled to sign
petitions or protests in saloon cases, in
stead OF merely qualified voters, as has
been the custom.
Garrett IL Candidate.
B. W. Garrett, clerk Of the board of
parole, this evening announced his resigna-
ton from the board and also that he would
Immediately begin a canvass for position
Of clerk OF the Iowa supreme court. Gar
rett has been In charge of the parole office
since it was established and prior to that
had charge for years of the office while it
was with the governor. In fact, he was al
most the father of the parole law and sys-
tenn in Iowa. Political differences had
arisen and his place was being sought by
persons who differed from him radically
on all matters Of politics.
The State Parole board today recon-
mended to Governor Carroll, and he i'm
medIately approved the matter, that "Bill"
Richards be given no clemency. He was
formerly deputy United States marshal,
and for q long time one of the most popu-
lar officials, but he planned a daring rob-
berry and nearly Killed two old people
while aiding In its execution. He brought
great influence to bear for a parole from
an ls-year term, and Governor Cummins
had at one time indicated his belief that
the sentence was excessive, .
Cost of h Institutions
The State Board OF Control reports that
the cost of running the institutions Is
constantly on the Increase. Figures for
the last year show that the total cost Of
the fifteen Institutions was about $1,640,-
600. There are $500 inmates on an average
and the per capita cost was about sl94, as
against $17 a few years ago. The increase
in population has not been great. In the
one item of purchase of provisions the
last year the increase in cost to the state
was over 500, 900.
Valley junction wants Depot.
Residents Of Valley Junction, practically
a suburb of Des Moines, have called upon
the railroad commission to compel the
Rock Island railroad to build a new depot
there. They state that the depot is made
quate and that 1t is filthy and unsanitary
and that funeral parties frequently have
to stand out in the cold because of failure
to provide room in the depot.
New Bank at
The South ottumwa Savings bank has
been organized with $4,000 capital; also
the Citizens State bank Of Eagle Grove
has reincorporated for $75, 900. The Silver
Lake creamery at Ayrshire has incorpo-
rated. also the Cedar Rapids Lighting
company.
The State Parole Board completed its
work today for this term and will report
tomorrow. 1t is probable that in the ia
nous Richards case the recommendation
will be for shortening his term.
Important saloon Decision.
A saloon cannot be operated in more than
one room under the guise of a jobbing
trade, and members of a corporation who
are employed in operating a saloon must
be listed as employees, SO the supreme
court says.
In Sioux City the Manderscheids con-
Quoted a saloon and had a basement room
in connection herewith, which they claimed
was used in connection with their whole
sale department. The supreme court says
this cannot be done, Two of the members
of the corporation were employed, but not
listed and the court says they should have
been listed as employees. The corporation
as such had been put forward as the real
owner of the business, hence the members
of the corporation employed were not to
be deemed as principals, even though they
did wi the business.
The court therefore s~ustains the con-
viction Of the Manderscheids for violating
an injunction.
Supreme Court Decisions.
S. B, Hoskins against Woodbury. county,
a. w. Roth against w. d. Boies, APP
pellant, O'Brien county, reversed.
J. j. Richardson ct al against G. w.
Roberts, appellant, Dallas, reversed.
w. IL. II. Asbury against j. I. Rowe, APP
pellant, Wapello, reversed.
II. G.. Mcmillan, appellant, against Chi
cago. Rock Island g. Pacific railway, Lyons,
reversed.
handkerchief Sons company against ], f.
oliver, judge, Woodbury. county, certiorar1,
affirmed.
Mcmillan Wins n lawsuit.
f.. C. Mcmillan of Rock ilapids viii gel
a new chance at a jury TO determine the
liability Of the Great Northern railroad fol
loss OF a valuable horse shipped from this
Iowa State fair TO the Minnesota state
fair two years ago. There was delay IL
making the transfer from the Rock island
to the Great Northern at st, Paul and tn,
horse caught cold and died, In the Lyor
county court the railroad companies Won
out, but the supreme court TO-DAY directed
a new trial. especially to the Great North
ern.
Lower Court Went Wrong.
For a fourth or fifth time the case o
Roth against Boies from O'Brien count,
was ground out OF the supreme court, AM
the district judge, william Hutchinson, 1
rebuked for having entered a decree not Il