The Leon reporter. (Leon, Iowa) 1887-1930, 1913-12-18
CAPITOL EXTENSION TAX
Is Sustained by the Supreme Court
in Lengthy Decision Rendered
at Des MoineS Monday.

in Lengthy Decision Rendered
at Des Moines Monday.
The Supreme Court of Iowa on
Monday afternoon upheld the consti-
tutionality of the capitol grounds
| The decision will be pleasing to the
city of Des Moines and the little
clique which engineered the passing
of this pet project of Governor
Clarke, but it is going to prove a
stumbling block to many state sena-
tors and representatives., who voted
for this bill. when they come before
the people for reelection next year.
This bill has been condemned in
very severe tones by the voters and
taxpayers all over the state. 1t Will
cost millions Of dollars to carry out
the plans made, and it will cost
many thousands of dollars annually
to keep up the grounds after the
first expense is paid.
The Courts Ruling.
That section 2 of article VII OF
the constitution authorizes the gen.
eral assembly to create debt not ex-
ceeding $25O,OOO to meet any ex-
nensa i nav authorize. wv
Thai anv indebtedness in excess of
that amo1Int is prohibited by that
section and if the act for the extern
tion ~ tha canito, grounds were TO
he construed to authorize the issu-
anca of certificates nayable after the
hiennia, neriod in excess of that
amount If would he in violation Of
that section : ~.
That the executive council may is
suo Warrants in any amount. payable
from taxes directed by the general
Assembly. to he levied during the BIZ
ennial neriod and not exceeding
these without creating debt within
tine meaning Of the constitution.
M, 7, . - ~ ~, J, 80, ns.
8. ~. = = '1ta. 'ha raod ~ tSa 1ichf ~
~ oa,st;+,,tion and sn road;ne thia
- omthor;zas the executiye council
=. ;ss,,a oart;fioo+os or warrants
a.o;nst tha 1ovv ~ tares in 1919 and
1911 ond for snv deficiency in such
taxas to nurchase the ground and
improve the same, such deficiency
not exceeding $25O,0OO. The court
points out that it's duty is merely to
construe, apply and interpret the
law, not to enact it, and that 1t mas
no. concern with the wisdom or ex-
pediency of the act extending the
capitol grounds: That question was
for the general assembly alone TO
settle.
Under the act according to the
courts ruling, the executive councll
may proceed with the extension plan,
anticipating the funds from the Dl-
ennial levy and not more than WOW
900 additional. 1t may not antlc1-
pate the revenue TO De proouceo III
the entire ten year period, but that
anticipation, according to the view
of the court, was not necessarily
authorized by the act.
The decision susta1ns the posltloh
of Attorney General George Cosson
that the state did not contemplate
using more money in the two year
period than the biennial levy, the
sale of Governors square and the IS.
suing of warrants not in excess OF
| $25O,OOO would produce.
Hunter Ruling Brushed Aside.
- :. m tho c,so tried in Polk
oonn+,' ond nassod ~unon nv Jndge
Hnn1ogota tba+ tho hiph court makes
pr. ;ts r"iinS In On Ear az Iudge Ample.
na+a ha1G tha+ there were nnconsti.
H" t"t;ona1 o,oments in tho act he is
ravarsad In +his ru1ing that the
aornn;1 nieb+ anticinate the annual
1evv ho is nnbe1d
Tha o.s of Rom,ev VIC Duckwortl
! heard by Judge Hunter, at Ottumwa
| ;c poccod 1,nOn in q five line ODiniO
reversing him altogether and re1er
ring to the other case for state
ment of the courts position on the
law.
In the closing words OF the opln
author. summarizes the intent of the