Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15

the attack Of the attorneys for the de-
PENDANT company. the attorney general
says:
1T is just such a feeling as this
which has brought upon us very SER
ious situation with reference to our
jud ciary-a feeling which I think all!
| lawyers who believe in a democracy
and in the fundamental principles Of
free government and in the vast service
| Of the Judiciary, very much deplore.
When a chief executive of the
United states devotes so much atten-
ton to the judiciary, when congress
admits states with the recall provision
and enacts legislation which requires
three judges TO hold Invalid the acts Of
state legislatures, and when states by
a decided majority pass the recall feat
! ures. It will not do to blindly say that
| il is the result Of agitators and the mob
attempting to punish the judiciary for
| holding invalid freakish legislation
passed for purely political purposes
/ Without expressing approval OF
| otherwise passing upon the merits OF
, the remedies proposed we feel tina,
! there can be no such thing as democ-
racy or a representative form Of gov
eminent ii one department Of our gov
| arnment farthest removed from the
wish or Will Of the people can assume
20 say 10 the people that no law shall
emain upon the statute books which
| !oes not meet with its approval. We
ire IN a transition period industrla!iy
md economically. New adjustments
ire constantly required and demanded.
! lrd in order to NEE: these changed
conditions great deal OF legislation.
special in its nature. has been passed
such as the law protecting child labor,
; protecting women and affecting miners
,nGe- ground. ard dealing W III public
service corporations: but We venture
he assertion that no important legis-
!! alton. either state or national. has been
nacted during the past decade and
more. that has rot beel. viciously as
sailed as unconstitutional. ard curious
y enough reliance is always placed up
II some general ard vague LANGUAGE
<uch as the provisions OF the Four
zenith arenGnlent-a war amendment
which was passed to furnish the black
nan protection, but which has largely
allied III the speciic purpose for which
was intended, but which has stree
cen seized upon as a buffer TO guard
he Illegal practices Of vested ,..,r.-
StS.
Not Without Feeson.
The significant thing about it AL is
hat an abundance CT counsel have
eel willing to assa:l any act IS uncon
s.itutional and there has usually been
some court, either inferior state court
inferior federal court. to hold the
aw Unconstitutional. and many Of our
most salutary measures have been held
valid by the higher courts ty a major
~ OF one. !; is because OF this fact
hat the people have been reaching out
)lirdly II may be, 70 -eea:H the power
which they feel righ,tully belongs to
hem"
Judge Changed His Mind.
II tbs particular case. Judge Bail.e
At first held the law constitutional. blu,
ater altered the decree to favor the
creamery company and held the law as
not valid. The state appealed the case
lnd asks for reversal
"If the Fairrnont Creamery Company
is innocent" says the argument filed
today, IF It has TO, heen purchasing
milk, cream or butter fat for the pur-
Pose Of destroying its competitor. Their.
the law, nor has it been injured by
reason of the irclusiveness or excfu-
siveness of the law. its limitations or
It's comprehensive ss: but if. as is
admitted in this demurrer, the Fair
mont Creamery Company was and is
guilty Of purcha sing milk, cream and
| butter fat for the purpose of Destroy
ing the business Of . competitor. We sub
nit tina, the leg ture had right to
say tina, 1t should be punished for so de-
ing. ard that i creates no injustice and
no hardship upon this defendant BY
SAYING stop your Illegal practices
without also saving at the same time
hat the man who deals in hominy
snuff and potatoes shall also be in
Guided in the same act, when i was
well known 10 the members Of the gen
era, assembly and The genera! assembly
as body ti.ta the men engaged in
cther pursuits including the men en-
gagged il buying milk for the purpose Of
rese,,.ng il, or the men engaged IN buy
Ing and reseIli-g the .il;ished product.
were rot guilty of offending by reason
Of paving a diferent price for the pur-