Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-08-26
JUDGE ROASTS iowa COURT
Smith MCPHERSON Says Supreme Court
Wrong on Mulct Law.
NO RIGHT TO SELL LIQUOR
Holds Federal Court should Follow
State Courts Holdings, and So Re
fuses to Change Existing
Line of Decisions.
CFrom a staff Correspondent

OFrom staff COrresp ondent)
DIES MONIES, Aug 25.-tspecial Tele-
gram The Iowa supreme court came in
for sharp criticism today from Judge
Smith Mcpherson of the United states dis
triCt court, in rendering a decision involv-
ing the Iowa liquor laws. He held that
the Iowa court has been going wrong for
twenty-five years in proceeding upon the
theory that liquor sales in Iowa under the
mulct law are legal He entertains the be-
lief that no sales are legal, though i'm
munity from prosecution may be obtained.
But he also held that the federal court
ought to follow the state courts In the mat
ter of interpreting state laws, and he there
fore refused to reverse the Iowa supreme
court on the liquor laws. The case was one
brought on behalf of saloon men Of Carroll
Boone and Marshalltown. asking the fed
eral courts to restrain Iowa county and
state officials from enforcing the mulct
law, on the theory that it is wholly uncon-
stitutional. He dismissed the temporary re-
straining order and held with the state Of
ficials, leaving them free to proceed with
the enforcement of the law.
backing for Agar Plant.
The members of the Greater Des Mo!nes
commission decided at meeting of the
body today to reorganize the bankrupt
Agar Packing plant and establish it in bust
ness again with local capital as its guaran-
tee. A commission of five has been ap-
pointed to perfect arrangements for the re-
organization of the concern.
Country Life Reunion.
Henry Wallace of this city has arranged
for a reunion Of the members Of the coun-
try life commission at st. Paul, and big
he 81 "a Nat
Conservation congress week after next.
Mr.. Wallace is on the program the same
day with Colonel Roosevelt and there are
two others of the Roosevelt country life
commission who have conspicuous parts
TO play in the program at st. Paul There
Is nothing especially to be done by the
commission, but as so many of the mem
bers are to be there at the same time as
Colonel Roosevelt they will have a meeting.
VIII Not Use Material.
1t is learned that the republican state
committee win not make use of any OF, the
regular campaign material which has been
prepared ready for distribution by the re-
publican national congressional committee
but will rely on literature prepared especially
to suit the occasion here. There is fear
that some Of the literature vii be made
use of by the democrats to the detriment
Of the republican state ticket.
Delegates to Mine Congress.
Governor Carroll today appointed long
list of delegates to the national mining
congress at Los Angeles, including John
p. Reece and John White of Oskaloosa
Carl Carver and L. s. Harper, Des Moines
]. M. Dinwiddie, Cedar Rapids; H. L.
Waterman, Ottumwa. 1t is expected
that several of those named from Iowa
will attend commencing September 26.
Flour viii he High.
The State Board of Control has discov.
cred that flour, potatoes and provision,
purchased for state use will be very high
the coEaihg winter. Preparations are nov
being made to have the bids made for the
flour, and the jobbers are serving notice
that prices will be away up
Refuses TO Make Connections.
The Chicago Great Western railroad re
| fused TO put in connections with the North
western at Dumont. The claim is mad,
that the sole purpose OF the connection Il
to enable the beet sugar factory at Waverl!
| to secure lower rate on sugar beets fol
very short period Of the year, and tn,
Great Western protests against being com
PEELED to do so at their expense.
Enforcement of Paint Laws.
The State Pure Food and Dairy depart
ment, which has charge of the enforcement
Of the,1aws in regard to labels on pain
and securing pure paint will make a show
ing at the state fair as to the extent Il
which the makers Of paint have compile,
with the law and especially their name
of changing the labels so that the consum
ers in Iowa may know exactly what the.
are getting. 1t is claimed that this Law
is being obeyed better than any OF tn
similar laws.