Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-18
AMUSING SPECTACLE PRESENTED
IN TRIAL IN COURT At oSkA.
lOOSA
MAJOR LACEY ARGUES FOR
PROGRESSIVE LEGISLATION
Makes Strong Plea For Peterson Law,
While Progressive Attorney Talked
Against Measure-Argument So Ef-
fsctivs That jury Could Not Agree
on Verdict.
Special to Times Republican.

Special to Times Republican.
Des Moines, Nov 1S-An amusing
feature of the sensational and import
in Oskaloosa this week on indictments
charging them with violation OF the
Petersen law" which is designed TO
protect Iowa people from tie schemes
and .yices of Crofessi, nal promoters.
appeared when the discussion took
place in court as TO the merits Of the
law itself.
This is a part Of the progressive leg
islation OF Iowa Of The past - years,
one Of the laws that has b@.,l much
reviled as the work of Iowa progressive
republicans. 1t has also been said quite
recently that Iowa has done absolute
ly nothing toward protecting buyers ~
stock in mushroom corporations.
And In che c. urt room at Os>aloosa,
John Malcolm, who is OF The progressive
persuasion engaged in defe 1ding his
client, .und himself in the position Of
attacking the law.
But on the other hand there was
Major John r. Lacey, repute1 10 be
stauip4::=., a:siSi.g IN the N-ns..t:i'-
ton of the indicted citizens. who de-
livered himself OF an able defense OF
the Peterson law and he showed the
Justice and merit of this particular
piece Of excellent progressive legisla-
ton. 1t is stated that he made a very
fine address on the evils OF watered
stock and imitation and the duty of the
state to protect the people from those
who put worthless stock on the mar
ket.
The case was one involving the issue
of stock for a cash consideration less
than par value. which ts contrary 10
Iowa law and also the issue Of stock
in exchange for a patent right and
other intangible property, which can
only be done upon the permission of
the state executive council II seems
that the promoters omitted this little
detail and ignored the government at
fDes Moines and hereby got into
trouble.
The defendants being unusually
prominent citizens the case attracted a
great deal Of attention and it probably
will be appealed as the supreme court
has never had a chance Yet to pass on
any phase Of the Peterson law forbid :
ding stock watering and the sale OF
stock without value. The case was
tried TO jury and was hard fought
Eo effective were the p!eadings of the
standpatter for enforcement Of pro-
gressive law and of the progressive
against such enforcement. that the jury
was befuddled and could not agree. az
ter celebrating more than twent,
hours
rare occasion was that the other
~ FaI-jIjf
INDUCED in an hour of debate to the
supreme court on the Iowa anti-ds-
elimination law; and the debate turn
ed distinctly in the direction of a sub
1ect that Is just slipping over into tbs
political arena. The real question that
consumed most Of the time was thai
of how far may or ought court to &C
in taking notice Of the ordinary con.
ditions and circumstances of commerce
and trade in order to get the right
view of law in controversy Is it MOI
the duty of the court, came the ques
ton from the bench. to consider al
these things that are OF common
knowledge in determining whether Of
not there has been class legislation o.
whether the classification of industrie!
.or offenses has been arbitrary? Mr.
Fayille side stepped, but Mr.. Cossol
took the view that it should be pre-
sumed that the legislature was full.
INFORMED as to these things and thu
court should not review the matter
presented to the legislature and Oh
(which its judgment was based. AM
80 the argument went on-and it cul
minated in discussion Of the YER
question that is at the front, that o
the limitation Of the courts in review
ing legislative work. 1t was plain tina
pthe court itself is now divided on I'll
question It may be that this divis
ZION will be exposed in the expected de
cision But at any rate the court Sc
cured a refreshing hour of earnest an
spirited discussion of subject sure t
Sbe much discussed politically in tn
nueaF future.
Senator Saunders who argued cas-