Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-02-21
SUPREME COURT UPHoLDS VAL
IplTY OF IoWA's PAROLE
LAW.
JUDGE ToWNER ovERRULED
IN ORDERING WARE HELD
Play at Politics Revealed in Whole At
fair-Ware and His Father Once
Prominent as Progressive Republic
ans-Ware Consented to BE Made the
scapesoat of Others.
special to Times-Republican.

Special to metropolitan.
Des Moines, Feb. 21.-Just before the
Judges of the supreme court closed
their week of hard labor Saturday ev-
ening they filed the de@ion in the
famous Leroy Ware case from Wayne
county The decision is little short of
sensational in view of the manner in
which it was handled. Ware was re-
committed TO prison by Judge Towner
on the theory that the parole law and
the irdeterminate sentence law were
illegal and further that the parole
board exceeded its authority in pa
rolling man who had been committed
prior to the organization of the board.
The supreme court ruled absolutely
contrary TO Towner on every point and
ordered Ware released. The significance
Of the matter lies in the fact that it is
we'll known that there was some play
ing politics in the whole deal and that
Towner and his friends hoped To profit
by the case. Wares father was one of
the pioneer progreSsives of southern
Iowa and his attorney was one of the
stauncflest progressive workers. Pit
ted against him was the strongest poll
teal standpat influence in Wayne
county The case has always caused
much discussion, because of the prevail
ent belief, based on much undisclosed
evidence, that Ware was more sinned
against than shining, and that the real
culprits in the case were being shielded.
There is also a belief that Ware was
induced to plead guilty because Of some
sort OF understanding that he was TO
permit himself to be made a scapegoat
and then not be severely punished. But
the decision of the supreme court,
which was unanimous with the court,
puts a new face on the matter.
The decision of the court in the
matter Of the saloon remonstrances in
Wapello county was also a very i'm
portant matter. Briefly the decision is
that in reckoning up to know if re-
nnonstance to a saloon has a sufficient
number of names it is needful only
that the names of persons who actual
" voted at the last election be con-
sidered. The fact that one is a quail
fed voter. or rather that he has had his
name placed on the voting list, is not
enough He may not be in fact quail
fed voter He is at least not TO be con-
sidered a voter unless he votes. This
will bring into the matter of securing
saloons an element not generally con-
sidered. and it will, in some counties.
have a tendency 10 encourage voting.
In fact the courts have been more and
more coming to the view that the real
test of citizenship is actual participa-
ton in an election, and that one who
does not take sufficient interest in the
affairs of the public to vote is not en-
titled TO any say in public affairs.
Judge Weaver wrote dissenting opin-
ion taking a view exactly the opposite.
a new idea in regard to drainage
districts and borrowing money for big
projects came Out of the recent state
meeting OF the drainage association at
Fort Dodge. Persons interested in this
meeting declare it was one of the most
important ever held in the state, and
in connection with the recent meeting
of the brick and tile association, will
go far toward giving the reclamation
and good roads movement a start in
the right direction. But the drai1lag e
association provided for committee
to ask the legislature to pass law
which would in some way put the state
itself back Of the bonds of drainag e
districts. There has been too much
difficulty in the placing Of these bonds.
If there is to be drainage on large
scale there must be borrowing of
money. II is an entirely new sugges-
ton that the state get back of the
bonds.
John Supsberg, of Monona county,
who was president of the Iowa Corn
Growers Association which planned
the corn show in Des Moines. and who
is Justly famous for being the best
corn grower in the state, is being urged
to become a candidate for the legisla-
ture and il is even stated that so pop
ular is the corn expert that if nomin
ated there will be no opposition at all
at the election. Sunberg put into the
corn show both enthusiasm and money
and it was not his fault that the same
was SO poorly attended
The fact that the Harlan statue had
the approval of dorado Taft, the great
American sculptor and that he had no
criticism of the same as work of art,
icism of the statue is nothing else
than another expression of the petty
jealousy Of the pampered east directed
against anything which comes out Of
the corn-fed and aggressive west. Miss
Walker, who made the Iowa statue has