Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-09-23
Gal ooNlsrs, ATTORNEY TAKES
NEW TACK IN PENDING IN
JUNCTION SUITS.
ASKS FEDERAL COURT
FOR STAY PENDING APPEAL
Suits Involved Are Those From Carroll,
Boone and Marshall Counties-WiII
Hold Up enforcement Of Law For
Many Months If the Petition Is
Granted.
Special to Times-Republic


the legality Of the Iowa mulct law
which, If it is successful, will tie
up the state of Iowa for year and a
half or two years and leave the state
absolutely helpless In the matter OF
enforcement Of laws regarding the
regulation of the liquor traffic.
Attorney Salinger went into federal
district court on q new tack to induce
Judge Mcpherson to Issue an order
staying all proceedings pending APP
peal TO the United States supreme
court in the various saloon cases from
Carroll, Boone. Marshall and other
counties in which the constttutionalitE
of the Iowa law is being attacked.
Some time go, il is recalled, McPher-
son decided against the saloon men and
upheld the law, tho dissenting strongly
from the theory OF the law long main
tanned by The state court. He refused
to declare the law unconstitutional. and
he refused TO Issue stay Of proceed
ings pending appeal.
But Attorney Salinger went again
before Mcpherson today with an
amendment 10 his petition presenting
new ideas, again asking a stay. and 1t
IS known TO be the intention 10 then
ask the supreme court at Washington
TO stay all proceedings in these cases
in Iowa pending appeal.
The effect of this would be 10 prevent
the executive and judicial officers OF
iowa from disposng Of these cases or
doing anything 20 enforce the present
| Iowa statutes in regard TO them Then
III case other suits Of similar nature
we're brought 70 enforce the laws the
attorneys would simply go 70 the fed
aral courts and secure an order stop
Ming ayery-rai-g Then the state would
j become powerless TO enforce any part
1of the nulct law pending the appeal
Under the present system and espec-
|ia'ly with a crippled court an appeal
could not come TO finish short OF a
YEAR and a half and II would hkelT
-a),- longer II the action taken today
i successful 1t Will De very serious
matter for Iowa
4 II was in deciding this case tAa'
Judge Mcpherson took the position that
the Iowa court has been going wrong
for many years as to the theory OF the
muller law and rha. IN Iowa. at this
time. all liquor sales are Illegal ouo
that immunity may be secured by COM
legality remains but punishment is
SUSPENDED This is a view contrary
to tina, taken by Chief Justice Deemer
his fellow townsnan.
Congressman Frank ?. Woods. Of the
Tenth district, stopped off in Des
MONIES Yesterday on his way TO chi
cage. Mr.. Woods is the Iowa member
~ me national congressional commit
-AA AID as such IS giving all the as
sistane. POSSIBLE 70 the republican par
~ /, the matter of election of candi-
dates for congress. He has been IN
constant communication with tbs
chairman and committees and is active
in promoting party success. Nj. WOODS
is one of the republican leaders Whc
follows the policy OF saying little arc
doing great deal and doing It at the
right time.
Announcement from Atlantic to thf
affect that Senator James f. Bruce ha;
gone to Chicago TO live and probably
Will make that his permanent home
recalls the fact thar in the last session
OF the state senate it was Senator
: Bruce who first disclosed the fact o.
the factlonal intention 10 attack tht
board of control and state institution;
for the purpose Of making casf
against Chairman Cownie. He intro
duced in the senate a resolution for {
, | wholesale inquiry. II was Afterwards
disclosed that Warden Jones, for
merly sheriff OF Cas- county, was ac-
, lively seeking 20 displace Chairman
Cownie and to get the place for him
self This is where the fight started il
( the senate over the contem plated RAPE
OF the board of control. Bruce neve
got his resolution very far because o
exposure of the scheme TO besmircf
Cownie and the fact that Governo
Carroll was holding back the appoint
ment pending the effort TO start :
Z sea ndal probe
Henry Wallace, president of the ma
tional conservative congress, is devot
ing considerable of his time to tn
5 work of this congress. He has bee1
. called upon 10 name a large number 0
important committees for active worl
!. and to name delegates TO various othe
meetings like that Of the Trans Mis-
s!ssippi congress at San Antonio. H
: has entered upon this work with
great deal Of enthusiasm and earnest
ness.
The office OF W Z. Barney. stat
: food and dairy commissioner, has bee
I. not a little puzzled what to do in re
| gard to the evidence secured IN a some
, what peculiar raid on a pure FOO
: factory" recently. The inspector
r seized samples Of a. carload of drie
and other fruit being delivered at tn
factory, evidently for use, and the sam