Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-06-07
SUPREME COURT SAYS lEGlSLA-
ruRE's POWERS END WITH
SESSION.
HAS NO RIGHT 70 DEFINE
PREVIOUS AssEMsLv's ACTS
Court Refuses to Rule on Cases Ap.
psalsd From Charter Cities Because
Last Legislature Enacted Amend.
msnts Covering Points in issus-cap.
itoi Grounds Suit Entirely illegal.
,ecial to Times-Republican.


Des Moines, June THE supreme
| court, in the decision affecting applica-
| ton of the Moon law to special charter
cities made 1t plain that no legislature
has right to define the meaning OF
| a previous legislative enactment. But
a decision on the merits Of the case as
ithey existed when Judge Theophilus
i rendered his decision would be Of no
I; use, hence the decision was nct made
! Under this late enactment said the
court, reft\ ring to the amendment OK
the Moon law, the Moon law IS
amended and is made applicable 70
| special charter cities after July l. 1913.
! in qualified way. We need not deal
with the details of the qualification.
In such enactment the legislature mas
assumed to construe the Moon law IN
its original form, as not applicable 10
special charter cities. Manifestly we
are bound by the mere construction
|! which one legislature may put upon
the enactment of previous legisla-
| ture. But the validity of the later en-
actment is not thereby impaired. The
effect of this later legislation is to le-
l game DIT lllc pA CSOAS SAAA'S +''~S>~~
enses in special charter cities to
greater number than one to 1000 in
ha bitants. Under this legislation the
defendants license is now legal.
Tho Rowlev lawsuit against the state
Of Iowa to compel delay and expense IN
the matter Of proper enlargement OF
the state capitol grounds could be non
If cnllYt DIV a
mere suggestion. It would vanish into
! thin air if attacked by a lawyer. The
incongruity Of wholly illegal proceed
| ing for the avowed purpose Of stopping
illegal acts is presented in the case
! The case is brought as an injunction
proceedings; but the law is not IN
force and there is absolutely nothing
TO enjoin. from legal standpoint.
Copies of the petition We're received
at the state house yesterday and tney
disclosed there was nothing in the case
save and except claim that the state
| is doing something in violation or the
constitution. The whole case Is based
on the alleged illegality of the act.
| And the act being not in force the case
would be pretty much up in the air !.
attacked.
In some places there seems to nave
| been an assumption that the state Is
actually doing something and has been
enjoined by district court from con-
tinuing to do It. Nothing is. known at
the state house Of any Injunction nav
ing been issued. 1t is not believed
anything Of the sort has been done.
/ There has been no hating OF the
| preliminaries, nor any deviation from
the plan to go straight forward and
secure options on all the property and
/ to have them ready. so far as possible.
when the law does go into effect. There
will be no delay and no waiting, ii the
| officers of state can have their way,
for they realize that delay means ex-
pense. The understanding at the state
house is that the time set for hearing
| on the temporary injunction, July 10,
was set late for the purpose or avoid
ing any possibility of getting it APP
pealed to the supreme court until late
| in the fall, thus to cause all the delay
possible by taking advantage OF legal
red tape
| II any one thinks the state Of Iowa
| doesn't do business on a business basis
! and get close bids on large work ne
| should examine the records made TINS
| week in letting the contract for two
| buildings for the state at the so!dlers
! orphans home at Davenport.
| The successful bidder got his JOB ny
bidding Just 81 lower than the other
fellow, en- 100000 contract. There
| was also one other bid very close 10
| the two. The Blackhawk Construction
| Company of Waterloo got the contract.
| The two buildings are hospital and
I schoolhouse at the home for orphans.
| The hospital will be neat two-story
affair with rooms for contagious cases.
| The schoolhouse will be pretty brick
| building to accommodate the kinder
garten and primary classes at the
school.
| There is regret at the office Of the
state superintendent over announce
ment from Washington that Miss B1ge-
| low will not be able to come to iowa
| to lecture to educators on good roads.
| She had been dated at several places In
! the state and much good was anticl-
pated from her work.
| Mr.. Howard, gamekeeper Tor tne
| sttae fish and game department. mas
fifty sprightly English pheasant chicks
at the state game farm, and is expect
ing a great many more of them soon.
They are Matching well by reason OF
the motherly care OF the several good
| Iowa hens.
The statement is made at Washing
| ton that the agricultural department.
will conduct experiments the next
| few years in few representative
counties OF the United States for the
complete eradication Of the swine
| plague by the scientific use Of the Sc
rum and complete quarantine Of the
district. 1t is probable that one OF these
counties will be in Iowa. The effort
will be made to secure this favor Tor
Iowa. The work will be carried on
| Deafness Cannot Be Cured