Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-05-23
RECENT COURT DECISION To
CAUSE DELAY IN EXPRESS
HEARING.
HEARING TO De HELD IN
CHICAGO, ST. PAUL OR ct. LOUIS
Court Asks for Full Discussion Of Mat
tsr-piscrstion Of Commission and
Not the Law Under Attaek-Judse
Mcpherson stoutly Defends Anti
Saloon Organizations.
Special to Times-Republican-

Special to Times-Republican.
Des Moines, May 23.-The very re-
cent decision Of the United States SUI
preme court which seems to indicate
that the Iowa express rate cases will
come under section II of the comm cree
court law adopted June IS, 1910, will, If
Judge Mcpherson after full considera-
ton Of the opinion decides the rule ap
plies here, cause some delay In the
case and probable transfer to st. Louis
or Chicago or ST. Paul. It is matter
Of such great Importance not only to
this case but to others to come that
the court has asked for full discus
sion OF the matter. 1t Is desired that a
precedent be set that will be followed
in many other cases. The section reads:
THAT no interlocutory suspending or
restraining the enforcement, operation.
or execution of any statute Of state
by restraining the action of any officer
Of such state In the enforcement or
execution OF such statute shall be is
sued or granted by any justice Of the
supreme court, or by any circuit court
thereof. or by any district judge act
ing as circuit Judge upon the ground
OF the unconstitutionality of such stat
ute. unless the application for the same
shall be presented to a justice of the
supreme court Of the United States, or
to district judge acting as circuit
Judge, and shall be heard and deter
mined by three judges, of whom at
least one shall be a justice Of the SUI
preme court OF the United States or a
circuit judge and the other two may be
either circuix or district judges, and
unless majority Of said three judges
shall concur in granting such applica-
ton"
Then follows more specific instruc-
ton as to the procedure and there is
included the following clause:
"Such application shall not be heard
or determined before at least five days
notice Of the hearing has been given to
the governor and to the attorney gen.
eral Of the state, and to such other per-
sons as may be defendants in the suit"
It Is pointed out that II It is held this
law applies to the express case the en-
tire injunction suit is void because OF
failure to serve notice on the governor
and make him a party to the SUIT.
But the attorneys for the express
companies insist that this section of
the commerce court law does not apply
here because there is no question
raised as to the law itself and only as.
to the application Of the law and the
reasonableness Of the rates established.
It is the discretion OF the commission
that is attacked and not the law itself.
On behalf Of the state it is claimed,
,hnwavor that nooiino nv a
mission is of itself an exercise of the
legislative power delegated to the CON-
mission by the legislature. Judge Nc
Pherson was disposed to hold that he
can at least hear the case but perhaps
not issue an injunction, for which he
would have to call In two other judges.
In case 1t goes to court of three It
would be transferred elsewhere for
final hearing. The question thus raised
by Attorney General Cosson Is regarded
as one Of the most important that has
come before the federal courts here for
a long time. It will not only affect
this case, but many others.
Judge Mcpherson, who never did
have very much use for a 'bootlegger"
also came stoutly to the defense of the
anti-saloon league ind similar organi-
cations in federal court when he
passed sentence on one William III.
Of Creston,, convicted of using
the mails to defraud. Black had been
a sewing machine agent and connect
ed himself up with an anti-saloon
league, or pretended to, and having
secured some evidence of violation Of
law by druggist he wrote offering to
forget about 1t on payment Of $3.50. It
}rf,,
and q half in the penitentiary at
Leavenworth for the trick.
zone feature of this case is very
bad" said the judge. There are a
great many people. in Iowa who are In
favor Of law enforcement. and some Of
them form themselves into associa-
lions to secure enforcement Of the law.
They have a right to form an anti
saloon league or anti-any kind of
crime league. This man by his action
brought discredit upon all such asso-
cations, and what he did tended to
create the impression that all such as
sociations are corrupt and dishonest"
Mcpherson sentenced George Brown
for unlawful use Of the mails to three
months in Jail. He sentenced Stoner
George to four months in Jail for boot
logging and warned him that it would
mean penitentfary sentence next
time An Italian, convicted of boot
logging, got thirty days in Jail and this
was suspended on payment of $25 and
costs The court stated this was done
because 1t frequently happens that
these foreigners find it hard to under
stand our laws.
A. "A. Dicer & Co. on plea Of
guilty OF short weight selling Of honey.
were fined SO. An explanation was
given Of how it happened, because Of
difference in the weight Of the glass
lars in which It Is sold. The court
accepted the explanation as correct.
"a. J. Small, librarian Of the state