Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-07-19
Aliens legal residense is there. dis

Tnen they NAntedAto take 1t to Oal.
las county because the governors ac-
tual and legal residence are both there.
But. apparently with surprise. the. OBJ
structionists found this wouldn't help
any. The4attorneyf general pointed out
that If the case was taken to Dallas
county It would disappear as to the
governor. because specifically he as the
chief executive. Is exempt from just
such processes: and If it was dismissed
as to him for any cause it would have
to be dismissed as to all co-defendants
under certain provisions of the code.
That would end everything. So they
backed up on Abel
The attorney general having won
every point involved volunteered to un-
dertake to enter into an agreement
for some judge other than any one oil
the five Polk county judges to hear
the preliminaries. He did not recog-
nize the justice Of the attack on the
Polk county judges but as he desired
only absolute fairness he would De
glad to have some outside Judge try
it. Then attention having been called
10 the fact that there is penalty pro
vided where defendant is dragseo
across the state to defense without
Jurisdiction. the attorney general sus-
gested that as this is state case In
which all are in fact equally inter
ested the penalty OF payment OF an
costs be not imposed. 1t would hardy
have done for the state to have con-
ceded anything on the jurisdictlonai
matter since there are abou, 80 other
cases in the right now involving that
same point.
1t must not be inferred that the at
torney general or any OF his assistants
for the state or for the members OF the
state executive council made any al
missions indicating doubt as TO
whether the entire act OF the ieSisia-
ture is constitutional. The Judge was
told plainly that the attorney general
believes absolutely in the constitution
ality Of the law. that his department.
wrote into the bill in the long period
when it was under discussion before
the legislature. some of the features
which abundantly safeguard the law
that the bill was gone over carefully ny
the governor who Is a first class ia"!ef'
not only before its Introduction but
after it was introduced and before ne
signed il ana ne mas faith y! its !ese!-
ity: and that perhaps on no other ques-
ton had he and his office so Well IN
formed themselves as on this very
question and had reached the con-
clusion that the courts will fully sus-
tain the law.
The real fact is that the only thing
which has at any time caused any
worry to state officials is that in some
way the matter might get tied up 10
interfere with the proper working out
of the plan the Legislature adopted, and
consequently increase OF cost to the
taxpayers of the state by reason OF de-
lay or expensive court costs.
1t may be anticipated that the first
real test of public sentiment in regard
TO the extension Of capitol grounds, the
building of an office building securing
site for the Allison and ether memoir
ials. and ground for such buildings as
the state will ultimately need, will come
when the state issues certificates pay
able out OF the miliage taxes and to be
redeemed when the fund from the mill
age taxes is sufficient. AS published
long ago 1t is the intention to Issue
these in small denominations and at
about AZ per cent interest and to per-
nit the common peopia OF the state
rather than banks or bond brokers tc
finance the whole proposition. Will
they be taken up? And II the people
refuse 10 put their. money In them.
why? These certificates will be issued.
probably, only TO the extent that their
face will be covered by taxes already
levied at the time Of their issue. Their
payment is therefore certain. A few
years ago Iowa had clearly uncon-
stitutional debt far beyond the limits
allowed: but this debt was carried and
the state paid every dollar Of 1t.
1t appeared also at otturwa that
very much Of the prejudice IN regard
to the legislative act comes from publ
cation. and persistent republication. OF
the somewhat stale Joke about the state
being called upon TO spend $50. 100000
or some other big sum. to clear the
ground after /, is purchased. Quite
recently this foolish stuff has been re-
printed. I, was early demonstrated that
the millage taxes provided will not only
buy the ground but put it in order. and
pay for the office building.