Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1913-12-25
STATE TO BUY LAND.
DECISION OF SUPREME COURT
GIVES COUNCIL POWER TO
EXTEND GROUNDS.
CAPITOL EXTENSION is ASSURED
No Further Barriers Are Now In the
Way Of the Big Improvement Since
the High Tribunal of Iowa Has Up
held the Legality of the Statute.

Des Moines.-A meeting of the ex-
ecutive council of Iowa, including the
governor, secretary of state, auditor
and treasurer, will be held soon and
the capitol extension plan will be
pushed
Under the decision OF the supreme
court the council has full power to
proceed under the act OF the last
legislature. Judge Francis M. Hunt
er OF Ottumwa, who decided the ex-
tension law was unconstitutional, was
reversed by the high court Of the
state, and Judge James H. Apple
gate OF Guthrie Center was reversed
in part. In SO far as Judge Applegate
held with the contentious OF Attor-
ney General George Cosson on the
extension law he was sustained. but
on practically all other points his de-
cision handed down in Polk county
was also reversed. The opinion was
written by Judge Ladd and concurred
in by the entire court
The supreme courts decision as
sures the capitol extension improve
ment and there is no chance for
further delay. The law passed by the
last legislature was attacked on con-
stitutional grounds. The chief as
sumption Of the compliments was
that to levy. tax In excess of $780,
900 for this purpose was to saddle a
debt of S250,000 on the state. The
supreme court holds this assumption
wrong. The further contention OF the
compliments was that the state had
no authority In law to issue certifi-
Gates in anticipation OF the levy. The
court holds that is simply conven-
fence to get ready money which may
be properly anticipated on the tax
levy which the legislature has made
The decision is sweeping victory
for the state, but state officials as
serted 1t is not their intention to
move with too great haste.
Under the decision it is laid down
as law that the legislature has full
power to levy taxes. and that debt,
as mentioned in the constitutional
provision limiting to $250,000 must
refer to a deficiency OF s250.0O0 in
excess of the taxes levied by the
legislature.
This decision is far reaching in eff
feet, as 1t will make possible any
great Improvement which might be
planned by the legislature and order
ed paid by special tax. levy. Had
the court decided with Judge Hunter,
it is the claim OF states attorneys,
all large state enterprises would have
been held up for lack of funds.
Under the decision moneys to be
derived from levies may be antici-
pated. This removes possible embar-
rassment in all state departments. A
decision that money could be spent
only after 1t has been collected would
have revolutionized state business
and forced the state to stand idle
until collections for all purposes were
made
1t will be possible under the de-
cision to proceed with the sale OF
interest bearing certificates and the
state will thus be able to raise funds
to exercise its options on East Des
Moines realty. The total amount of
these options to date represents $780,
900. other options would have been
secured but for the fact that the ex-
ecutive council hesitated to proceed
while the constitutionality Of the law
was before the court.