Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-21
sUpRIMg COUNT EVIDENTLY DIS.
AGREED OVER SALOON
srArurE.
NO ONE KNOWS WHAT
COURTS INTENTIONS ARE
Judges - Election Have No Option in
Accepting Votes Of Men Who Swear
Ballots In-ceiisss Students Win
Controversy -" Industriai Vicinity"
Definition.
to :Times-Republican.

Special to .Times-Republican.
Des Motnes. Nov. 21.-The supreme
court of Iowa again passed up for an
other period the decision in the Moon
law appeal, which indicated that be-
yond any doubt the court is somewha,
divided upon the proper Interpretation
to be given that statute limiting the
number Of saloons in any city. Beyond
the fact that the case is postponed
and In the meantime the Moon saloons
are dolng ENTHUSIASTICALLY nothing
Is known about the case. all speculation
as TO what the court will or will MT do
being merest guesswork The court
turned over twenty-five decisions Mon.
day afternoon and the members n ar
~ all left.
The papers in the certiorari case II
w. w. Wilmer against Judge DeGraff
came to the supreme court yesterday.
In this case Mr.. Wilmer. who is owner
OF the Slavery hotel. was directed by
the lower court to tell who is the actual
owner of certain stock held in Winners
name In trust for others. the stock b .
ing In an eastern concern, and the tnx
ferrets seeking to compel him to paw
taxes thereon. Mr.. Wilmer took the
ground that having sworn that the
stock is not his own he is amenabie 10
the law against perjury and he can not
be compelled to disclose further as 10
private business
Judges Of election who have been in
the habit Of arbitrarily refusing to
permit persons to vote when they Of
fered to swear in their votes, should
take note Of the fact that the suprer C
court says they have no option hat
ever In such a case. E. b. Lane. q
student at Cornell College. brough. suit
for damages against the Judges Of
election in Mount Vernon for their re-
fusal to permit aim either to vote or
to swear to the fact of his citizenship
The lower court threw 1t out. The Iowa
supreme court says it should have gone
to the jury
The court says that residence of a
person depends very largely upon his
intents" and the college student had a
right to vote there.
The court also says that judges can
not refuse to administer the oath pro-
vided or refuse to receive the ballot
after the oath has been taken There
is no discretion with the judges. II
the judges wilfully and maliciously re-
fused to administer the oath jury
would have been warranted in award
ing substantial recovery; but. of course
no recovery unless the plaintiff showed
he WAS entitled to vote.
Des Moines shippers are asking that
on Dec. II the railroad commission de-
fine the industrial vicinity" of Des
Moines and under the new Iowa law.
passed by the Thirty fourth general
assembly, and to fix the switching
charges as follows: For intermediate
switching, $3.50: for connecting limo
switching, 81; for industrial switching.
less than 5 miles. So: more than 5
miles. IS; Joint service not more than
80 per cent Of the service for each of
the carriers. The industrial vicinity is
to extend s miles from each station. In
case this action is taken It will be
precedent which will be valuable in
having the railroad commission estab-
lish such an industrial vicinity for
every city of the state desiring the
same.