Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-07-15
SUPPORT FOR STATE COLLEGES
AND INSTITUTIONS MAY BE
DECLARED ILLEGAL,
cosSON AND ASSOCIATES
BEFORE JUDGE HUNTER
If Tax Authorized by Legislature TO
Improve Capitol Grounds is Declared
Illegal All MilIass Taxes Must Be
lnvaId-Tax Believed Sufficient to
Buy Necessary Grounds
Special to Times-Republican.

Special to Times Republican.
Des Moines, July 15.-Attorney Gen
eral Cosson and associates went to
Ottumwa today to take up before
Judge Hunter the application for writ
Of temporary injunction to restrain
the state executive council from levy
ing millage tax for the purchase of
land needed by the state for state pur-
poses about the capitol.
AS has been repeatedly stated there
can be no determination of the case
on its merits at this time. 1t has been
the opinion Of state officials at all
times that it does not rest with any
district judge to compel the state Off
Gals TO go TO any part of the state that
may suit his notion TO defend the
state against attacks of this kind in
volving the power OF the legislature
to authorize a millage tax or otherwise
provide for the funds needed for state
purposes. The claim is to be made
that the suit is not entitled to any
standing at all in the form in which it
is brought, that it was brought at a
time when the law was not in force at
all and that it was brought before a
court which had no jurisdiction at all.
Irasmueh as it is ostensibly brought
TO compel strict compliance with the
constitution there will be insistence
that the constitution and the laws be
not broken by those. who set them
selves up as defenders of the consti-
tuition.
lnvalidate All MiIIase Taxes.
In case the judge before whom the
case is brought takes up this question
it may be found necessary to wait I'M
til it can be heard in court in Jefferson
county, as a question of such import
ance would hardly be taken up by n
judge not sitting as a court, in his
capacity as a judge rather than in
open court.
If the judge at OttunWa decides that
the riiiiase taxes authorized and levied
by the legislature for the enlargement
Of the capitol grounds are illegal it
must also be decided that the millage
taxes for the support of state institu-
tons and for support of the colleges
and purchase OF ground for enlarge
ments Of the state farms and addi-
tional buildings are all illegal. One
tax levy can not be nullified and others
of like import be held good. If the
judge at Ot:umwa holds with the dis
appointed office seekers he will tie up
the state educational institutions.
Tax Believed Sufficient.
The state executive council at its
first meeting to prepare for the
arduous work of carrying out the will
Of the legislature regarding improve
nent Of the capitol grounds it was de-
c!ded that an attorney should be en-
ployed to attend to very many of the
matters likely to come up. 1t is anti
cipated there will be number Of con-
demnation suits and also that all the
land titles Will have to be examined
carefully. The council has now en-
ployed A. c. Parker, an attorney of
this city. for general work in regard
TO the land business. L. A. Jester is
in the service of the council as land
agent.
Present indications are that the
millage taxes will far more than be
sufficient to pay for the land and for
clearing the same and putting it in the
condition desired by the state for its
purposes: and probably also to pay for
the erection Of the much needed state
office building.