Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1913-09-04
STATE CAPITOL CASE
DECISION BY JUDGE APPLICABLE
ANNulS PART OF MEASURE
FOR EXTENDED GROUNDS.
DEBT OVER s25O,OOO IS ILLEGAL
Guthrie Center Jurist Joins In With
Judge Hunter Of ottumwa In Hold
ing That the Plan for Raising Funds
Is Unconstitutional.

Des Moines.-Judge ]. H. Applegate
of Guthrie Center has held the law
providing for the extension and i'm
provement of the capitol grounds is
unconstitutional. The opinion was
filed in the district court of Polk coun-
ty shortly before o'clock Tuesday
afternoon.
The decision says the law is uncon.
stitutional in so far as it's tax antici-
pating feature is concerned. In max
ing his ruling the court divides the
law into two parts. The first eight
sections are declared valid They
provide for the purchase of the land
and the manner in which the money
shall be expended.
The last four sections provide for
the Issuance of interest bearing certi-
1 fcates to purchase the land and for
the anticipation of tax to purchase
the property. These four sections
make the law unconstitutional. They
! create debt in excess of the S250,000
authorized as the limit that can be
incurred by the legislature without
! putting the matter to a vote of the
/ people.
Judge F. M. Hunter at Ottumwa re-
! Gently declared the law unconstitu-
| tional. His was another suit brought
/ to enjoin the officers of Van Buren,
county from spreading the special levy
1 provided for in the law.
I
The state Immediately will appeal
from Judge Applegate's decision.
The decision of Judge Apologize in
the capitol grounds extension case is
in reality a victory for the state. Is
the Interpretation placed upon that de-
cision by Attorney General George
/ Cosson.
Judge Apologize ruled that the law
enacted by the Thirty-ffth general as
sembly providing for an expenditure
OF 100000 in enlargement and i'm
provement of the capitol grounds is
unconstitutional in so far as ii au-
thorizes the anticipation OF the tax by
Issuance of interest bearing warrants
or certificates.
The attorney general, when shown
copy of the chief sections of the de-
sion, said: Judge Applegate's decision,
viii not prevent the executive ,coun-
/ Gil from buying land and improving 1t,
as funds come in from the tax levied
by the law. The decision does not az
feet the validity of that part of the
law which levies the milage tax.
Judge Applegate's decision conflicts
with that of Judge Hunter on the Wit
al issue,
The attorney general announced
that although the decision was essen
tally victory for the state it would
at once be appealed to support the
contention of the state that the tax
can be anticipated for at least bien-
NAL period.
Iowa Producing Fall Strawberries.
Nobody has believed that there
was any such thing as fall straw
berry" said a Des Moines citizen, as
he led the way to his strawberry bed.
But | will show you Strawberries In
bloom In August That they are not
freak plants you can see for it would
be impossible to get a whole bed of
freaks. They are a new variety of
late bearing plants. They send out
their shoots and then bear on them
the first season instead of the second
season as is usual. There is moth
ing to be wondered at that fall bear
ing plant has been developed. There
was no such thing as a winter apple
winter apple to the French. They
first developed fall apple, and then
winter apple. The winter apple Is
as much to be wondered at as a fall
strawberry. In any event we have
the fall strawberry, as you can see"
Iowa Serum Law Suspended
Dr. J. e. Gibson, state veterinarian,
desires that the stock breeders OF
the state understand there has been
suspension Of Rule p of the orders
of the state animal health commits
sion, which provides that all hogs
shown at fairs be accompanied by
certificates showing they have been
inoculated with serum for the cholera.
II is suspended where 1t can be shown
that securing the serum was not pos
sible.
The rule is held up for this
year." said Dr. Gibson, because OF
the scarcity OF serum. 1t applies TO
all the fairs, the state, district and
county fairs. But next year we want
it understood the rule will be invoked
fully. We now seem to be on the
trail of a gcodly supply of serum and
hope to be able to supply the de-
mands from the hog raisers."
80
Iowans Receive Patents.
The following patents have Just
been granted to Iowa inventors:
Howard G. Beck, Yale, sbag-fastener.
Thos. w. Dodd, Des Moines. cable
and table coupling.
Ulrich Il. Rohde, Rock Rapids. tow
ell delivery machine, also sanitary
cloth towel machine.
Richard w. Mewes. Des Moines, en-
CINE valve.
Andrew NJ. Morrison, Dubuque. auto
matte barrel filler.
George Nissen, Iowa Falls, snatch
block.
Iowa Pioneers Meet.
Iowa pioneers. hundreds OF them,
attended the meeting of the Iowa
State Pioneers association at the
state fair. It was one OF the largest
old settler gatherings ever held at
the fair grounds. Members of other
old settler and pioneer societies at
tended the gathering. An address by
Thomas Waters, Jr., secretary to
Governor Clarke, was one OF the fea-
lures OF the programme. Addresses
Il. -: I l!... !: IL. -.