Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-07-01

Il -
odium O6 the situation should be hung
on Cherokee and Crawford counties.
This article came to the notice OF Gov
ernor Stubbs, who Immediately ''dt-
rccted" the attorney general to sub
poems the writer Of the article before
him ana get what information he could
in regard to the violations of the law
alluded to. The attorney general re-
Piled that he had already started In
vestigation Of the affair, but did not
deem 1t expedient or necessary under
the circumstances Of the case to sum-
mon the particular witness, the writer
of the article; and objected to the gov
ernor's debating the details OF con-
Quoting a prosecution on behalf OF the
state, contending that while, without
doubt, the governor and likewise the
Legislature, could require him to pros
ecute or defend actions for or against
the state as provided by Kansas gen
eral statutes 1909, section 1905. his
authority did not extend to the pro-
cedure and method OF the prosecution,
| which the attorney general maintained
was wholly within his own discretion.
The governor. however. insisted on the
particular witness being summoned;
but, in order that test case might be
made to determine the powers of the
two offices, the attorney general re-
specially declined. Mandamus pro-
ceedings were then instituted by the
governor. The Kansas supreme court
held that the term prosecute" also In
| Guided the SUNNI oning of witnesses, as
| in the present case, preparatory to the
f; trial Of the cause, but refused to de-
| eide how far the stocking would
| stretch, as the question was not Oh
rectly presented. Two strong dissent
| ing opinions were fled by James West
and Porter, the tenor 81 which were
that there was no reason why the ma
jority decision would not allow the
governor to direct the examination OF
the witnesses. the order OF their ex-
amination on trial, the details OF all
prosecutions: that the two offices were
distinct and separate. and that the
| governor had no more power under the
statute to direct prosecutions by the
attorney general than either branch OF
the legislature, SO that the decision as
rendered would permit it also to con-
troll the details OF prosecutions. Finally
| i. was denied that the term prose
cute" included the mere collection @.
| testimony, as in this case. preparatory
10 the lnSlltutlOIt VI piOSSCAhSSs oS1s~
vs., Dawson, 11a Pacific Reporter. 800.
CONSTRUCTION OF SHERMAN ACT
Judge Gabbert OF the supreme court
OF Colorado comes TO the defense OF the
United States supreme court in Peo-
pie VS.. Scott. 120 Pacific Reporter, 126,
with the following: 1T is not uncom-
mon for lawyers. as well as laymen.
to criticise opinions Of courts OF re-
view where, il constituting a statute. IN
order to declare its intent, It IS nee
essary TO supply or omit words. A
striking example was the criticism OF
| the opinion Of the supreme court OF
the United States, In the Standard OIL
case, by reading into the Sherman act
the word reasonable The criticism
was wholly unjustified, because 1t was
apparent that the word reasonable had
to be supplied in order to express the
true intent Of the act.''
UNEQUAL COMBATANTS.
| Says plaintiff, II hope and expect aid
In this battle for we are mismated.
because defendant is by by profession
a money lender" Retorts defendant,
bitterly and savagely. NO. it is that
should be pitied and helped. because
am the under dog. for plaintiff is a
lawyer, and therefore he must quit
| kicking my dog around" Answers
the Missouri supreme court. the ar
bitter OF the "mismated" match: Even
money lender. armed with the where
withal 70 take care Of himself in the
usual vicissitudes Of business life. and
with the love Of money strong upon
him, may now and then need the aid
Of equity Peradventure, even lawyer.
with speculative turn. well equipped
! to take care Of himself in the usual
vicissitudes of business life. may now
and then need tho aid OF equity. and
reach forth an appealing hand to her
all this, tho for the nonce enamored OF
riches, the ardor Of his love for his old
and jealous mistress, the law, under
this record cooled a trifle. In equity
lawyer and money loaner, borrower
and lender, meet upon dead level. II
the man Of law were the advisor Of the
man Of money, a confidential relation
ship would spring, somewhat burden
ing the man of law; but. as the factor
is out Of this case. al they dealt at
arms length, and as neither the BUSH
ness of the one nor the profession OF
the other bears a whit upon the merits,
those epithets and applications, mere
makeweights all, arc beside the case,
ergo.
THE man of Independent mind.
He looks and laughs at a tnat."
-Cantwell vs. Johnson, 1s9 South
western Reporter. 365. 312.
WHEN is YACHT FOREIGN BUILT
The Yacht Maria. built in Glasgow
Scotland, was sold to an American
citizen and approximately $4,000 was
spent IN improving and lettering her.
While lying at Hoboken, n. j.. the
Delaware was burned; most OF her up
per works being totally destroyed, her
engines Sd injured that they had to be
dtgnantled. and her steel plating bad
Ily warped. SO much water was pumped
into her to put out the f1re that she
sank, tho apparently there was MOI
enough water at her berth to perm1t
her to go out Of sight. The wreck
IA ssee into the hands OF an agent fof
underwriters. That gentleman raised
and rebuilt her at an expense OF ap-
proximateIy $4,000, and renamed hef
Diana. The following year he sold nei
to the defendant, and he In turn ex
pended on her for betterments and I'M
provements approximately SS4,ooV
When the collector Of customs Al tne
port OF New York assumed to levy .
tax of 5000 upon the Diana pursuant
to the tariff act, which imposes Ton.
nase tax on the use Of foreign Dun.
Yacht. owned by citizens Of the United