Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-08
PROBABLE THAT SUIT WILL Dc
svsMlrED TO COURT LATE
IN THE DAY. :.
JUDGE APPLEaATE 70
TAKE TIME 70 CONSIDER
State Contends That Act Of Legislature
Did Not Create Debt o. tho state ef
iewa-Dsbt is Anticipated by Special
Tax-Attornsys For state Max. Good
Showing.
special to Times Republican.

IL.
Des Moines. Aug. Sit is expected
that Judge Applegate will late today
get the Rowley apitol grounds extern
sion case for consideration. The final
argument is to be made by William
Walker Of Ottumwa. Yesterday Henry
p. Sampson and, George Cosson dis
.cussed the matter after A. C.. Parker
had finished and Judge Sloan had pre-
sented brief on behalf of the Allison
monument commission. Mr.. Cosson
will finish some time this forenoon
Judge Apologize will undoubtedly
take some time to consider the case
and render decision. There was a
great mass Of material presented him
In the form Of citation Of authorities
on the many varied phases Of the case.
The surprise Of the case is the i'm
mense amount Of Information in the
books which may be taken to have
some bearing on the case.
The States Contention.
The sum and substance Of the con-
tention on behalf Of the state is that
what the capitol grounds act did was
not to create debt of the state Of
Iowa. but to place upon certain state
officials the responsibility and duty. in
a ministerial capacity, Of financing a
deal between the people Of the state
and the owners of certain property; to
levy, collect and disburse certain taxes
In payment for property needed for
legitimate state purposes, and to see
to 1t that the transaction Is fairly and
honestly .consummated. But the state
is not placed under obligation to pay
anything, and If the state could be
sued. It would not be obligated to pay
a dollar under this arrangement.
Attorney General Cosson went back
to the records Of the debates on the
framing Of the state constitution to
show what was in the minds of the
members of the constitutional conven-
ton as to the limitation on debts: and
1t was shown clearly that they did not
contemplate any restriction that would
prevent the state from carrying on
its ordinary and necessary transact
tions. including the building Of public
buildings or the purchase Of ground
for public purposes. In fact, while the
constitution was being framed there
was recognition Of the fact that the
state would soon have to commence
erection of new state capitol, and 1t
was stated that altho this might cost
a million dollars or more. the Limitation
placed in the constitution would not
prevent the legislature from building
the capitol without submitting 1t to a
vote Of the people.
Anticipating the Tax.
A strong point in favor Of the law
nv - Ia fotn In
regard to the anticipation Of the taxes.
matter of fact the whole work could
easily be done without issuance Of a
certificate in anticipation Of taxes and
it might be so done. There is nothing
in the law to require issue Of the GER
tificates in exchange for land. The first
years tax levy. admitted to be legal.
will raise 100000, and the legislature
can authorize a debt Of $250.000 SO that
there will soon be money available for
all the purchase OF ground likely to be
completed.
Mr.. Sampson showed that the case
for the state does not rest on the
one Iowa case (the Swanson CASEY as
is sometimes supposed. He cited nu-
merous instances where other states
have done identically the same thing
as is now proposed in Iowa and the
courts have upheld them.
A rumor started in regard to taking
the case to the federal courts caused
some surprise, but the federal courts
have always held that state courts
alone decide state constitutional ques-
tions.
The arguments to Judge Apologize
have been free from acrimony and all
In good temper, and the Judge has
sought to develop every phase Of the
case.