Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-10-06
PRESENTS STATES CASE IN AP.
PEAL FROM CAPITOL GROUNDS
RULING.
FIFTEEN OR TWENTY OTHER
LAWS ARE ENDANGERED
cosson Holds Legislature Followed
Precsdsnts Which Have Received
judicial Approval - Says Lower
courts Wont Out Of Their Way in
Seeking Grounds for Attack.

Special to Times-Republican.
Des Moines. Oct. 6.-At least fifteen
or twenty Iowa laws could be ami
hilated at once, on the SAGE theory. II
the supreme court upholds the main
contention Of those who insist the
court should nullify the legislative will
in regard to the use of simple business
methods in handling the capitol grounds
extension tax. Such decision Wouio
open the way for great confusion IN
handling q large part Of the business OF
the state.
This was made perfectly plain In
the brief and argument filed by At
torney General Cosson in the appeal In
volving the main case. The lower
court held only four sections OF the act
invalid because under them something
might be done that would be unconsti-
tuional. But the court also declared
that aside from improvements the cap
itol grounds can be purchased from the
two years tax. that it would not be
good business to anticipate the whole
Of the tax and pay interest thereon.
and that such course was not contem-
plated by the legislature. The main
controversy is in regard to the antici-
patton of these possible levies not yet
made
cosson Points Danger.
TN spite Of this fact" says the at
torney general. 1.-The court held that
since It was possible to construe the
statute authorizing the anticipation Of
clear that this would not be done. yet
M ch1 no
demne6 on that ground. This, we sub
NIT. IL in clear contravention Of the
authorities just cited. and this holding
II established by thi scourt would over
throw from at least fifteen to twenty
laws now upon our statute books which
have been accepted without controver-
sy as valid and constitutional; that is
to say. If the court once announces the
doctrine that q statute is to be con-
demned upon what Is possible, what
might be done. what might be author
lied, instead Of the actual facts in the
case. and this tho the statutes may be
operated upon indefinitely without any
violation Of the constitutional prohipl.
tion-then a large number Of laws now
upon our statute books must be strick-
en- down."
In support Of this the court is cited
to the authority for mourning expense
In the patent suit, but the expense was
not limited to $250,000 or any other
sum. but II the statute is: to be taken
for what is authorized instead of what
will be done or until expenses are actu-
ally incurred in excess Of the constitu-
tional limit, the law must be stricken
down. Several other similar cases were
cited,
Courts Went Out Of Way.
AS matter of fact the state is not
Directing to the courts holding that
warrants ought not to be anticipated
beyond the tax 1evies already made, for
neither the legislature nor the execu-
tive council ever had that in mind. and
as the lower court found 1t would not
be business to do so; but inasmuch as
the lower courts went out Of their way
to decide an academic question, the at
tention Of the higher court is called to
the effect Of such decisions as hearing.
on other laws or futue cases.
The legislature in the act itself pro-
vided that the conditions set forth in
the resolution Of the executive council
with regard to issue Of warrants must
be mot inconsistent with law" which
makes it plain there was to be no I'M
1T being certain then that the legis-
lature never intended the anticipation
Of the tax for the full ten years." says
the attorney general. "in view Of the
provision of section / making the levies
for each Of the years 1913 and 1914 at
least three times that Of each Of the
levies for the eight years thereafter;
and in view of the section authorizing
the leasing Of buildings and grounds for
a period Of ten years; in view Of the
large amount Of interest payable upon
the fund with no possibility Of using a
very substantial part of the fund for
several years after the same would be
received; in view Of the further pro-
visions made by the legislature for the
condemnation Of property, anticipating
delays in condemnation proceedings;
and in view Of the fact that the act
itself can not possibly be construed in
requiring the executive council to issue
interest bearing certificates in any par
ticular amount whatever, not even to
the extent Of $250.000. the amount of
the debt limit fixed in the constitution,
or to the amount Of the current levy
after the same is made which would
equal approximately 100000 for the
year 1913, the state contends that this