Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-07-19
Gathered in the By,Days
Special to Times. Republican.

Des MoineS, July 1S.-Inere 10 no
doubt whatever than whenever ana
wherever the truth regarding the Iowa
capitol grounds enlargement'project -
known and fully understood. all oppo-
sition. save and except that which Is
purely captious or vengeful disappears.
This, more than anything else, APP
pears to have been the sole disclosure
Of the recent lyceum debate on ele-
mentary principles before a Judge at
Ottumwa. There was no question or
law settled that had not been settled
before many times. There was no adj
vantage gained for the obstructionists
nor for the people of the state. What
ever OF trial to the court there may be
in the future-and it is by no means
certain anything OF the sort will ever
occur-wil be before court not sit
ting in prejud!ced atmosphere. To
that extent and that only there was
gain for the state.
But the truth is that attorneys ant!
their clients, the compliments. .isura :
lively, had their eyes opened as TO
what it ali means. Literally they hal
no. known before what was going on
and why and as the facts We're &C.
veloped their farshness was softeneu.
For instance. 1t was made plain. vrG!
plain to them. that there is no inten-
whatever of having the state OF Iowa
incur a debt beyond the constitutions
limitation, even II the state fifteen
years ago did have debt of ml.iioH
dollars incurred without anything -
show for 1t. The legal argument
hinged TO some extent on the We'll
known Ottumwa water case. The state
supreme court in a decision by Weaver
held that the levy of tax to pay for
the waterworks, which was ultimately
to cos. far more than the possible debt
of the city, was not constitutional.
Then as there was federal question
the federal court held that the contra Ct
to pay for the water company was VOID
but stated it could not interfere with
the state courts in holding that as %
taxation matters the conclusion OF tae
state court was binding. Now III, state
Of Iowa is going to follow exactly the
lines declared TO be good as for the
city of Ottumwa. The measure IL q
taxation measure primarily and impo-
s.rinn by the legislature OF millage Is
not contrary to the constitution.
Mr.. Cosson, for the state. said that
he took 1t upon himself the RESPONSE
bility for the state officials certifying
out the levy for the next biennial Pc
riod. II advised the council that II
could do so and was It's duty TO do So
he said. THE state does things by oi-
ennial periods while cities reckon by
the year. The levy for the curren-
period has now been made. The tax
will be collected. The state can m
ticipate al least TO the extent of ievies
already made and enter into contracts
involving the expenditure Of that
money. This does not raise any ques-
ton whatever OF an unconstitutiona!
debt. The board OF education makes
contracts in anticipation Of returns
from the millage taxes for thu colleges.
This is the proposal and nothing else.
But i. appeared that persons hand
ling the case for the other side had the
notion that 1t was proposal to borrow
two million dollars and spend 1t RICH.
away. When the truth appeared & put
a different face on the situation.
That the state was fully justified in
raising the jurisdictional question was
manifest. Why. only a day or two be-
fore the hearing before Hunter it was
is accepted as the truth since no ic-
niai-that the real reason, in sub
stance. for the capitol grounds extern
sion is that state officials and others
in influence expected to proSt fnan-
cialIy by the action Of the state:
in other words that men like Clarke.
B,eakiy, Brown, Allen, Cosson,
and others were Specializing
in the land to be bought, and expected
to get a rake or" Now where such
a villainous SANDER as that is given
currency without rebuke is hardly the
place for getting Justice. Equally well
calculated to arouse the prejudices OF
the community was the publication
there OF statement that members OF
the legislature were concerned in a
pecuniary way in having the capitol
grounds enlarged. Perhaps the asser-
tons were so grossly unjust that no
body thought Of rebuking the SANDER
Yet. so 1t is reported. even in cour:
or before the Judge, there were state
ments not less unfair, as for instance
to the effect that the courts in Des
Moines are prejudiced because the
judges probably own property that viii
be benefited. and tie familiar BIZ!
baseless insinuation that this whole
matter is something in which nobody
but Des Moines people are interested
and they are inordina tely Jealous for
it solely because It Will be Of benef;
20 them.
1t would be very hard to prove tina,
any one Or all the judges in Polk
county could in any possible way re-
ceive one dollar of benefi, from the
extension TIE fac- is tnat probably
not one OF them care a rap about the
matter one way or another. And as
for Des Moines people, the fact Is that
they are stolidly Indifferent and fol
good reasons.
II is fairly amazing that the able
lawyers for the complainants should
have got off wrong in 50 many ways
at the outset OF a case on which the!
evidently prided themselves much
After two lawyers for the state hae
made statements. Lawyer Calhoun. FOL
Rowley-whose disappointment polisi
cally is conspicuous-proceed t
spend several hours talking from I
carefully prepared brief to prove t
the Judge that this is not a state cas-
but suit against individual member
l. t.