Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-01
SUPREME JUpoE1 INCLINED TO
iNvALlpArE POPULAR
sTATvrEs.
SPECIAL iNrEREsTe SACK
MAJORITY or APPEALS
No Act Of Legislature Held Uneenstitu.
tienaI BY Iowa Supreme Court since
Advsrss Ruling on Prohibitory Law
Record HeIds Out Hope Of Preserving
Recent Enaetmsnts.
Special to Tames-Republican.

been the common folks that have
sought to balk the will Of the people as
expressed thru chosen legislators by
attacks upon the statute book. Prac-
tically always it has been some special
interest that has gone to the courts for
Legislation. and in Iowa the supreme
courts have uniformly upheld the
people in getting the legislation they
want. The only time the courts have
overturned anything was when the
constitutional amendment adopted in
1882 was declared null and void, and
1t was adopted by the people by direct
vote. Since then the supreme court
has upheld all legislation. The record
Of laws at4 cked. with final result and
the 81 Interest making the attack.
is as fonsWs:
The Temple amendment" sustain
ed. railroads.
.Anti-compact insurance law, sus-
tanned, insurance companies.
Unfair discrimination law, sustained,
creamery combine and trusts.
Anti-pass law, sustained. railroads.
Stock food law, lstained, stock food
combine.
Hotel inspection law. sustained, big
hotels.
Bawdy house Injunction law, in
court, rich property owners.
Workmen's compensation, in court,
insurance and manufacturers.
Capitol extension. In court.
Ice cream standard law. promised,
creamery combine.
L. 1Hf Ho{y
roads.
Blue sky law. in court, brokers and
bond agents.
Al Sustained on Appeal.
In each and every case where an
Iowa law has got to q coYi OF appeals
it has been sustained. In most Of these
cases, however. district judges have
been free to declare the unconstitution-
atty Of tho. law. The freedam with
which trial judges declared laws un-
constitutional In the federal 3urisdic-
ton, some years ago led to congress-
passing Z law forbidding any ono fed
erai Judge passing alone on the oues-
ton Of constitutionality. That 10 Why
the state fair rate case was considered
by three federal Judges.
When the Blanchard anti-compact
law was passed on in federal court 1t
was "shot full Of holes" but Attorney
General Mullan went to q higher court
and the law was declared good. The
stock food law was sustained IN the
lower federal court.
The unfair discrimination law was
dared to be unconstitutional oy
Jn Bailie, but the Iowa supreme
conn reversed him and held It good. A.
threat to take 1t to the United States
court fizzled ,tout. It was hard dow
to, the trusts and combines.
Judge Church held the anti-pass law
constitutional and the law stands un-
touched as yet.
The hotel inspection law was emas-
culated by Judge McHenry but wnen
Il reached the supreme court It. was
nut together again and Is as good az
ever The attack upon it was especial
w bitter. But It affected every per-
son who travels and was for the safety
Of all
The attack on the workmen's COM
pensation law is said to be from the
same source as the very strong lobby
ins done against the bill in the legis-
'lature. Tho bill was championed In the
lnIef98t Oh inc WIZ hAAOSs"See se>s
Of the state.
4 Those back Of the attack on the cap
itol extension attack have not dis-
closed who Is back Of 1t save the hint
Of lawyers which indicated railroad IN :
terests are concerned.
The source Of the fight against the
bawdy house injunction law OF Iowa IS
easily understood.
It Is certain there win be an a.
tack on the law recurring a cel1ain
standard for Ice cream. which law IS
.l.o IN. the ints-c.t ~ the common
people, many Of whom consume ice
cream and. are entitled to, good goods.
!, No Iowa law. at least IN recent years.
has been wiped OF the books by the
courts. .
incidentally, it was an ottumwa
eourt that declared the Temple amend
ment unconstitutional. but was re-