Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-16

Ottumwa, Aug. 16.-Judge F. NJ.
Hunter today granted the Injunction
asked by John W. Rowley against the
auditor Of Van Buren, county to re-
strain tho official from recording the
millage tax levy to pay for the capitol
ground extension.
The decision dnds that the purchase
Of the ground II unconstitutional in
lnai il creates = debt Al szScsS os tie
amount fxed by the constitution.
Tho decision was filed late this
morning with the clerk OF Van Buren,
county in Keasauqua.- An appeal will
be taken.
Judge Hunter cited paragraphs Nos.
Q. and Of article OF the state
constitution az having been violated by
the capitol grounds extension bill.
These sections deal with the fixing Of
q limit Of indebtedness to which the
State may 60 within the constitution.
The sum hxed u $3.50, 900 and the court
holds that the application Of the act
Df the legislature In this case will cre-
lte q debt exceeding the constitution
sum.
The extension Of the capitol grounds
would entail an expenditure Of 32.000,-
se0 covering pe1iod Of ten years. and
this il held By Judge Hunter - q debt.
Act Of Legislature.
The purchase OF additional lands for
the extension Of the state capitol
grounds was authorised In law
passed by tho last legislature. It was
designed 70 give the capitol building
proper setting, and to provide sight
{ " places for tho Allison monument and
contompIated onIice building foE
various state departments which are
not, at present provided with adequate
quarters.
The property embraced In the con-
tempated extension was defined, con-
aemnation authorised in case owners
attempted to hold up the state and Sc
cure q fancy price. and the state had
even gone 80 far az to secure options
on large part Of the necessary realty.
Tax Not Burdensoms.
The tax levy necessary to meet pay
ments on the additional land covers a
period Of years. and property holders
Of the state were to be assessed
amounts almost inflnitesimal. It has
been shown that the plaintiffs In the
injunction suit decided by Judge Hunt
er would not be called upon to meet a
total assessment Of more than Is cents,
While the bill was pending before
the legislature some opposition de-
veloped. led by Dave Brant, Of the
Iowa City Republican. who openly
charged that there was graft in the
deal. This charge attracted small not
ice, and the bill was passed by both
houses OF the legislature and became q
law. Governor Clarke giving the plan
his hearty approval.
Tho suit started by obscure citizens
OF Van Buren county followed. and as
their interests are small the conclu-
sion has been generally accepted that
others with larger interests have been
the real hackers Of the effort to enjoin
the state and prevent the carrying out
OF the plans OF the legislature, the ALL
son monument commission headed by
General Dodge, and others. Tho ad-
verse decision Of the court was not ex-
pected by the state officials and those
who were successful in putting the
case thru the legislature.
State Will Appsai.
The state IL prepared to appeal from
Judge Hunter's decision. on the ground
that the tax levy, apportioned over
period OF years. does not in fact Gre
ate q debt. They are confident OF
reversal Of tho opinion handed down
at Ottumwa today. and that the In
junction will be removed.
Z. -