Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-04-24
DISTRICT COURT JUDGE FILES
BRIEF AND ARGUMENT IN
cERTloRARi CASE.
MAKES DEFENSE 70 THE
SUPREME COURT ACTION
Does Not See Why There Should Have
Been SO Much Alarm Over Gilman
Arson casss-ceurt Gives Citations
Showing Only County Attorney Al.
lowed to Appear Before Grand Jury.
Special to Times Republican.

IIHGSskSGpuDllCAn.
Des Moines. April 2l.-Judge Cen
tenary B. Bradshaw, Of the Seven
teenth district. has just filed with the
supreme court a brief and argument
for himself as defendant in the suit
brought by the attorney general to try
out the question of the right Of the at
torney general to deal directly with a
grand jury to direct the proceedings;
and In this brief the Judge comes back
nara at the attorney general in what
promises to become notable case In
Iowa law. The case is set for hearing
by the supreme court in two weeks.
Why So Much AIarm7
1T is not conceivable to the observ-
er here, almost a hundred miles from
the seat Of government, why there
should be so much alarm and so much
fear, and why the presence in our quiet
little county seat of the state law Of
f1cial," writes the Judge.
The case arose in Marshalltown on
the refusal Of the court to permit John
Fletcher. assistant attorney general, to
assist the grand jury in the matter Of
state fire marshal OF arson. Contin-
uing the judge, in defense. says:
IF the situation did not appeal to
the plaintiff, If there was no real out
burst of indignation against the coun-
ty attorney Of Marshall county, and no
claim made Of the abandonment Of his
office or relaxation of law enforce
ment in his county, there was no oc-
casion for the appearance and motion
Of the plaintiff, and admitting this and
the condition of the record here forces
such admission, then the purpose OF
the motion was to obtain an adverse
ruling from the district court and
thereafter by certiorari or appeal bring
it here as a moot question. II the
county attorney of Marshall county is
either incompetent or recalcitrant, II
he either neglects or ignores his duty,
the way Of discipline Is plain enough.
The court itself is master Of the county
attorney without reference TO the stat
ute. The county attorney Is constant
ly under the eye of the district court,
and is amenable to correction. There
fore, II the county attorney has ceased
to be law abiding. let him become the
target and avoid all contention with
the district court. with q view to the
preservation Of that reverence for the
judicial character which forces as
great q degree of obedience as the rod.
The county attorney Of Marshall coun-
tv, not being proved law violator, and
not being the subject Of accusation 1t
must be apparent that the effort was
made to raise purely moot question
to make application of it elsewhere.
However important ruling OF the dis
tricr court may appear to be 1t can not
be reviewed unless it come here as all
other questions"
County Attorney Only Before Jury.
Judge Bradshaw gives many cita'
tions in support Of the position that the
county attorney is the only person who
has right to enter the grand jury
room, and that the control of the
grand jury IS Of necessity the right Of
the court.
IF supervision Of the grand jury is
OF any moment to the judiciary or to
the ministerial OFFICIAL" he adds. lit
would seem to the casual observer
that the district court might be &C
corded some marked degree Of prefer
ence. This court will not countenance
control of grand jury which would eff
fectually cripple the district court in
administering the law and must de-
prive the district court Of that power
which has been so long reposed in it.
This court will not read into the stat
ute a provision which might as well
thereafter be entitled an act to cur
tail the jurisdiction Of the district
court to regulate and control the grand
jury work"
In conclusion: IF this order Of the
district court can not be rescinded save
upon considerations wholly out OF har-
mony will all decorum OF the law, it is
better it be affirmed, for such pre-
cedent will sooner or later return to
torture the court