Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-07-17
PLAINTIFF cenesds Hearings Properly
Belong In Polk ceunty-case Likely
To Be Disposed % In Short Time
Dats Of Nearing To Dc Set Seen
-cessen Presents Inside Facts.

~ ASSOIAOyo AO1 SA0 0S0sO V4SS~sA' -
council and those who are opposing the
Improvement can not agree on judge
the case may be taken to an adjoining
county. Dallas county was suggested
as q possible one.
Judge Francis NJ. Hunter was not
called upon to rule on the motion for q
change Of venue which was fled by At
torney General George Cosson. At
torneys for John w. Rowley and others.
who are seeking to enjoin the council.
conceded they made . mistake In not
fnstituting tho proceedings in Polk
county.
The concession was made late yester-
day afternoon. It was after Mr.. Cosson
had presented his Views on tho consti-
tutionality Of tho law in question ana
had expressed willingness to have an
outside Judge hear the case In POLK
county.
Some Inside Facts.
In making his argument the attorney
general presented some facts relating
to the Improvement OF the capitol
grounds. He divulged Information that
previously had not passed beyond the
doors Of the executive council chamber.
The attorney general declared:
That one fourth Of the land included
IN the proposed extension had been
contracted for at from between $500, 600
and S22b.00o.
That every foot Of the property can
be purchased at tho owners prices for
not to exceed S1.30o.000.
That, excluding some church proper
ty and other odd lots that will not be
taken, the extension as far as the pur-
chase of real estate Is concerned. Will
not cost tho state moro than =. oo0, 900.
The attorney general made these
statements. not a. suesses. but on
figures presented to the council within
the last week by L A. Jester. who acted
as agent for the council in obtaining
options on property.
Program Of Council.
TO show that the executive council
does not intend to plunge the state
into uncertainties. Mr.. cosson called
attention to the financial plan proposed
by the council in q resolution adopted
before the Injunction suit was brought.
This resolution, however. Is not part
Of the records because an action taken
previous to the time q law becomes
operative might 1eopardize the sale or
lands, the attorney general said He
was present when the council took tho
action.
The councils financial program was:
To levy the tax as fixed by law Tor
the biennial period.
To issue time warrants in an amount
not to exceed one years tax. or about
100000.
To issue these warrants in small
denominations 50 that they might be
sold in every county in the state.
The warrants to draw ~ per cent
interest, to be payable in ten years.
with an option for the state to redeem
them in hvo years.
oAsrs 10 Await settlement.
The council already has levied the
tax. Mr.. Cosson assured attorneys Tor
the plaintiffs the warrants, which are
to be issued In anticipation Of the tax
to be collected, will not be authorized
bv the, council at once, II the plaintiffs
want the state to await the determine
ton Of the temporary Injunction ques-
ton. He, however; received no response
to his offer.
In concluding his statement regard
ing tho extension Of the grounds Mr..
Cosson called attention to the fact that
the state will make money of the
property before 1t is paid for. The
states warrants bear IS per cent In
terest. Rentals on the properties con-
tracted for are per cent He also
said one trip thru consested offices in
the capitol viii convince . visitor there
IA need for more office room.
In case where action has been
brought in the wrong place the plant
IFS usually are assessed the expenses
to which the defendants have been put
After the case was settled Mr.. Cosson
said the state would waive all right
to collect expenses 1t was out. This
question involved Is one Of public inter-
est. He said speedy trial Of the case
on its merits Is wanted.