Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-20

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these questions are for the legislature
| and not for the courts.
| 1T ought also to be further renlem-
| bered by the court that this wholesale
| attack upon the constitution is much
like the doctrine of witchcraft; it can
not be confined to a few lays which
| some persons consider to be bad, any
| more than witchcraft could be confined
10 few evil minded persons in COM
munity. 1t spreads until it embraces
! all laws.
| IAN unwarranted assumption of the
! power of the court: an invasion by the
court Of the legislative function; a vio-
i lation Of section 1. of article Ill Of the
| constitution Of the state Of Iowa by the
| court in order to strike down one law
will be used by every corporation,
everyone enjoying special privilege and
| every person who is not pleased with
| ony other law either now or hereafter
! any Other law either now or hereafter
The same principle that will strike
down a valid portion of law to pro-
vide for land upon which to build an
office building and relieve the longest
ed condition of the capitol, purchase
a site for the Allison memorial and a
heating plant. remove the unsghtly
and dilapidated buildings in close prox-
unity TO the capitol, will also strike
down hotel inspection laws providing
for sanitary conditions and fire es-
capes; unfair discrimination laws TO
prohibit monopolies 1t would strike
down laws for the protection of Wo-
men and children: laws to prevent the
white slave traffic. to prevent the use
of buildings for immoral purposes. TO
! restrain the Illegal sale and transpor-
I tation of liquor. to restrain the illegal
sale of stocks and bonds, TO give work
, ingmen an equal chance by causing In
. dustry 70 bear ar least a part Of the
burdens Of accidents: pure food laws
and laws providing for fair and ade-
quate passenger and freight rates. and
the general supervision of all public
service corporations.
Other Laws in Jeopardy.
In fact all laws passed under the
police power are in jeopardy when
ever a court for any reason gees be-
yond the legitimate sphere of the court
and strikes down a law which IS ad-
mitted TO be valid because peradven-
ture in the opinion Of the court some
!
act, the court thinks to be invalid.
We protest against an unwa rra nted
use OF judicial power and respectfull;
submit that regardless of how hish
the motive may be that the decision Of
the lower court is IN clear violation
of section l. of article III Of the consti-
tuition of the state Of Iowa, in that N
the striking down of that part of the
law which is clearly admitted TO 3e
valid, il is the exercise of a function
upon the part Of the judiciary properly
belonging to the legislature.
The first eight sections Of the act
We're found by Judge Applesate to be
| valid and constitutional in every re-
spect and this is not denied by the
lower court in the case at bar The
legislature has plenary power Of taxa
ton for all governmental purposes and
in this act after providing for the taxa
ton it is provided the executive coun-
Gil may purchase any or all Of the
real estate designated and as the
amount of money in said fund at any
time may enable them to do. There is
a complete plan provided. But surely
the time and manner of doing a thing
IS not more important than the thing
done, but if expedition was the end in
| view it can not be claimed that by null
| lifying the entire act there shall be
| greater expedition.
| While the issue Of the southern Iowa
coterie putting themselves in violation
ot the constitution is q new phase of
the case 1t is not the only interesting
feature of the argument on behalf Ct
the state just filed.
Photographs Are Convincing.
A series of twenty-five or more
photographs showing the present SCI
ting for the state capital is more con-
vincing that any argument could be IN
words that the sta te has done we'll to
begin Improvement Of the tract in view
of the probable needs of the state q
hundred or 200 years hence. The at
torney general shows by quotations
from the record that the act merely
fixes the limit Of grounG to be pur-
chased and authorizes he executive
council to use its discretion in buying
any or III Of It. He adds:
Il have set forth the facts which
show feyond question the absolute
| necessity for additional grounds for an
office building, and I have called at
tention 70 the fact that the legislature
is not only presumed to have knowl-
edge of these facts. but did in fact
have knowledge Of such facts. This
knowledge furnished inducement for
the legislature to act. In addition,
however. to an office building 1t has
been definitely determined by the leg
islature that a site for the Allison
monument must be purchased. 1t is
no longer a question Of whether this
ought TO be done. The legislature has
definitely committed the state to the
purchase of land for such purpose. It
| is not for the court to say how much
| land shall be used for this purpose or
just where the monument shall be To-
Gated. This question Is a legislative
question. The legislature also had a
right to enlarge the grounds around
| the soldiers monument and enlarge the
grounds around the historical building
and TO purchase ground near the rail-
way tracks for the purpose OF remov-
ing thereto the heating plant; and
again it was for the legislature to de-
terInine how much ground should be
purchased for these purposes. The leg
islature had knowledge Of the view re-
ceived by the travelling public, eiti-
zens of other states, as they passed
thru the capital city and viewed the
capitol building from the trunk line
railways; the Legislature had knowl
| edge of the dilapidated condition Of old