Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
WILL MAKE BIO eHoWlNo IN RE.
slsTANcE TO MINIMUM CAR
LOT RULING.
CASE ON FoR REHEARjNo
BEFORE STATE COMMISSION
Means Matter Of From $4,000 to $780,.
900 Per Year to Shippers of State
voIvino Running Of Witnesses Out Of
state-pobbins Wants Parole.
Special to m es-Republican.

Del Moines, Nov. 15.-The railroads
are going to make a big showing to-
morrow on the %rehearing of the case
before the railroad commission involv-
ing the minimum weight of a carload
of livestock on shipments wholly with
In Iowa. There is a matter Of from
$4,000 to $1CO. 900 a year involved di-
rectly as between the railroads and the
shippers, not in payment for services
done but in payment for services that
might have been DONE. The commls-
sion fixed the minimum weight of a
carload of hogs at 5000 pounds and
Of cattle 10000 pounds. The inter-
state minimum is In each case 1000
pounds more. 1t vas shown, on the
previous hearing, that over 40 per cent
Of the shipments at Sioux City, Ottum-
wa and Cedar Rapids, from Iowa points.
of carload lots, weighed less thai the
minimum; or in other words, that
shippers were paying for much more
than they are getting. To raise the
minimum would cause still greater cost
to the shippers on the same mount OF
stock moved.
The railroads complain that they did
not have notice of the previous hearing,
but in fact what happened was that
they were caught unawares and were
not prepared to present the subject.
Hence the rehear!ng granted for this
week. The stock shippers will insist
upon retention of the present minimum
which has long prevailed.
In one Of the court decisions placed
on file yesterday the supreme court by
inference took an advanced step In q
matter of practice which. If made a
precedent, will have some value in put
ting a stop to the running of witnesses
out Of the state to prevent them testi-
flying. Two persons Of Washington
county were convicted Of receiving
stolen property. chiefly on the evidence
Of the person who stole the property
and took 1t to their house. The thief
testified before a Justice Of the
but when 1t came to a trial in district
court he had disappeared. The court
permitted the justice Of the peace and
one of the juro.s in the justice trial. to
testify as to what the absent man had
really told in the preliminary trial. The
court Yesterday refused to reverse the
case anu lcI lLllS
Importance of such a precedent Is ap-
parent to every lawyer and especially
to all prosecuting attorneys.
John r.. Dobbins, Of Charlton. is
seeking a pardon, or the assurance ot
a pardon, and would like 1t very much
II he could be granted clemency before
his Incarceration under his conviction
- ---- A-AL nH.Ax, Noen
1t is learned that some very 1nfiuen-
tial backing has been secured for his
plea for clemency n that he Will be
able to rak a very strong hoWin as
to why the sentence imposed by Judge
Green should not be carried out.
Dobbins was greatly surprised when
the court affirmed the court decision at
Council Bluffs, as he had been assured
by lawyers that there was not a part
icle OF doubt that the supreme court
would send the case back for a new
trial. and as +. w. Ballew, his victim,
is now dead, it would of course be I'M
possible to secure conviction again. He
has seen the governor more than once
and has also enlisted the aid OF leading
politicians Of the state.
The argument on the rehearing asked
for will not be made for SOM time.
That the supreme court will file a de-
cision this week in the Moon law test
cases Is confidently expected by attor-
neys who attended the session OF the
court yesterday.
The word has gone out that the
opinion of the high court is practi-
cally complete. The principal topic for
discussion in the corridors at the state
house yesterday was the probable find
ing of the court in the case that is in
teresting the entire state.
One we'll known attorney In antici-
rating the decision. expressed the
opinion that the court would declare
certain portions of the saloon reg lat
ing act unconstitutional, and thai the
court would find that the granting Of
a saloon license is a continuing right
as Ions as the holder Of the permit
| obeys the letter Of the mulct laws.
Another attorney. VIC Is interested
in the combined saloon cases ex-
pressed the belief that the court would
destroy the one saloon to 1000 in
habitants'' clause, which IL generally
considered the most important part Of
the Moon law.
Sues For SANDER.
0o,o;oI ~