Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
DEMAND THAT COURTS SHALL
STAND AGAINST POLITICIANS
TO BUMP POPULAR DEMAND.
CREAMERY TRUST SUIT
HAS PIQUANCY AND POINT
iowa Supreme Court Has Splendid
Chance to Disprove Popular Theory
That Trusts Can Win Suits Against
Interests OF Common People-cosson
Shows Situation in True Light.
Special to Times. Republican.

Special to Times Republican.
Des Moines, Nov. io.-The monopo-
listic plant agains, "freakish legisla-
tioE" and demand that the courts shall
stand against the politicians" is going
TO come up bump against the popular
demand for curling the trusts and
throttIing the combines, when a
northwest Iowa case reaches the ar
gumentative stage in the supreme
cour, today or tomorrow.
The eloquent attorneys on opposing
sides are none other than F. F. Favil,e,
United States attorney for the north
ern district, and George c. Cosson, at
torney general for Iowa.
The case Is that OF the state gainst
the Fafrmont Creamery COMPANY,
coming from Buena Vista county. in
volving the validity of the Iowa law
forbidding unfair discrimination in the
purchase OF milk by the concentra tor
creamery companies and incidentally
involving the whole policy of legisla-
tion to protect the public from monop-
ely and the greed OF corporations
formed to kill off competition.
Has Piluancy and Point.
The case has piquancy and poin'
from the fact OF its close parallel 10
the big cases ground thru the great
cour, at Washington. and because the
precedent set there is likely to be fol-
lowed here. There is in the case a
question as to the form OF the ini;ct-
ment which may prevent the court go
ing to the merits OF the controversy.
and there is an interesting question as
to whether or not the law is no good
because OF an endeavor to single out
one class Of offenders without includ
ing great many classes where no Of
lenses are ommitred; but that part
Of the controversy which furnishes the
fireworks and affords opportunity to
consider the trend OF legislation and
the limitations Of court actions is in
relation to the denunciation OF the
whole legislation az an unwarranted
Interference with business.
Court Has Fine Chance.
The printed briefs fled would tndi-
cate that the Iowa court has fine
chance here to head of anv criticism
that might lead to the recall of Judges.
or on the other hand might do that
which would add TO the distrust of
courts and afford further arguments
for those who insist that courts are on
TORS.
Mr.. Cossoa's argument advises that
some Of the questions presented 70 the
-rt ought In fact be addressed 20
the legislature, and on this point he
gays:
The public has an intense concern
as to whether the big foreign corpora
tiors operating cent-al:zer creame-ies
shall by a systematic effort of unfair
discrimination drive from the STATE Of
Iowa every farmers cooperative
creamery and then lower the price
from to II cents per pound over
prices previously prevailing"
First Fight in Legislature.
It is stated, however, that as mat
Ter OF fact the arguments against the
general policy Of the law were made
to the legislature and we're found to
be without merit. In similar case the
supreme court OF Nebraska said:
The legislature, as We must con-
o!usively pres ne, acted upon the full
sst investigation, and upon what ap-
peared to II to be reasonable grounds.
but Notwithstanding this conclusive
presunl ption, Mr.. Cosson states, NOT.
Withstanding this full and complete
investigation notwithstanding that the
bill was carefully considered in bot.
houses, its constitutionalitv carefully
debated. notyviths1 that II re
ceived the sanction Of both houses anc
the signature Of the chief executive
making it the result and work Of tn
combined effort Of two Of the branche:
OF our government, counsel sneak IL
their argument Of 'freakish Legislation
too often passed for purely po,itica
purposes
Charges Freol<ishnesc.
Right there the sparks began 10 fly
Mr.. Cosson was a member OF the leg
islature. In effect what Mr.. FaviIle /:
asking is that the courts shall reDea
the work OF the Legislature as freak.
ish." The question Of judicial legis.
lation looms up big. The reason fo
the suggestion of recall is right at th'
front. And on this the attorneys de.
Tending the Iowa legislature ard i!
right to offer lection TO people from
monopolistic tendencies say:
Counsel may feel a contempt 70
the legislative branch OF our govern
ment and also the executive branch O
our government-most legislation ms
receive the sanction of both depart
ments: they may feel that the court
should assume to thens selves not oni.
the duties which were originally givel
tHeiH ny tile CONSTITUTION. DCC also IN
power to legislate, and the veto powe
by putting the stamp Of dsapprova
upon all legislation which does no
commend itself to their Judgment A
being wise. but the constitution CAV
TO the courts no such power and Will
1t is now admitted by all that court
do hold that they have the power un
Ger certain circumstances to set asi1
and declare invalid the legisla live ar.
OF our government, yet in view Of tn
fact that after four earnest efforts !
confer this power on the courts. and i
each instance the power was denied b
the constitutional convention, and 1
view Of the fact that the power is no
po@eessed by any courts in anv othe
civilized country in Chris'endom. W
ineist that the power should be exer
cfsed with extreme caution and nc
with that feeling Of con'enot whic
fsHe-s to legislation as freakish legis
1stion too often passed for purely pc
htjcal purposes
judiciary Discredited.
Continuing in his argument on tn
phase Of the controversy as raised b