Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-06
DEs MONIES REFUSES 70 eE
AolrATEo OVER GROUNDS
EXTENSION surf.
FIRST pAY IN COURT
DECIDEDLY uNlNTEResTlNo
Two Ladies' Constitute Entire Audi.
snos-unien Labor Demands Change
in sserstaryship Of State Executive
Officials to Visit Rush Lake
in PaIo Alto County.
Special to Times Republican.

Special to Times Republican.
Des Moines. Aug. Elf anyone ever
imagined that all Des Moines was agi-
tated and excited over the capitol
grounds extension and the Rowley in
junction suit to checkmate the ex-
pHessed wish Of the legislature, his
mind would have been relieved by at
tendance at court in Des Moines yester-
day. The Rowley injunction suit was
called by Judge Applegate at o'clock.
There wasn't soul in the room aside
from the attorneys and reporter or
two. Judge Mitchell, of Ottumwa, en-
ployed by Rowley as chief counsel.
commenced an argument on various
phases of the case. He read from,
manuscript. Those who were at OF
tumwa said 1t was the same manuscript
which he had already twice used on
Judge Hunter.
The court sent for. the secretary, Of
state. the governor, the secretary of the
executive council and some others. All
that was wanted was plat OF the
grounds and some information as to
whether the Allison monument COM
mission had any report on file. No i::-
formation was sought that was not al
ready well known.
At noon, Judge Mitchell was reading
his speech. and the story was not very
exciting. 1t was mainly citation of
what some judge had written at some
time on cases involving debts and taxes
and the rights of legislatures. Two
ladies had come in and had quietly
taken q back seat to listen.
In the afternoon Judge Apologize re-
sumed listening. There was Attorney
Mitchell, also J. c. Calhoun, of Keo-
sauqua; William McNett. Of Ottumwa,
and William Walker. Of Keosauqua-
all employed by Rowley to appear in
the case against the people Of the
state.
The state was represented by George
and Robert Sloan. The latter repre-
sented the Allison commission.
When court closed for the eevning
Judge Mitchell was reading from the
manuscript. The two ladies in the rear
Of the room were listening.
Not Des Moines man paid the
slightest attention to the case. The
boosters were elsewhere.
Attorneys who remained during the
day stated that nothing appeared in the
case that was new or novel,
Union labor organizations Of Des
Moines sent a committee Of union labor
men to the state house yesterday to
demand change in the secretaryship
of the state executive council They
represented the intrests of j. H. Byrns,
who Is a candidate to secure the place
held for twelve years by A. H. Dawson.
The argument In favor Of Byrnes, dep
uty state auditor. 10 that he would favor
union labor. The committee pointed
out that Dawson had let contracts
which went to non-union labor in MANY
cases. AS matter Of fact the secre-
tary has very little to do with the maxi
OF contracts or employment Of help.
The state executive council has never
considered the matter of a change and
no member has ever made a move in
the council looking to election of a new
man.
Members of the state executive coun-
Gil will go to Rush lake which is in
the southwestern part of Palo Alto
county for personal investigation of
the situation. The trip will probably
be made on Tuesday.
There are conflicting stories about
the actions of Rush lake, due to con-
h1cting interests. One group of persons
Is fnsistent that the lake should be
drained, that the cornfield area of Iowa
may be increased q few hundred acres:
also that the lake is menace to the
health Of the residents Of the county,
that 1t is breeding place for malaria
an dthat 1t causes strange diseases OF
animals,
The other group insists that the lake
Is fine game preserve and ought to
be kept and that instead of draining
1t the state ought to put IN a dam and
make it deeper so the water would be
purer.
1t is probable that there is smaller
amount of water in the lake now than
to being dry than it will for many
years 1-t
The supreme court will he asked to
reverse Judge Preston, now on the su-
pAc DcHCH, IN the case OF IlerCo WILL
son. from Oskaloosa, life ternler for
second degree murder. The particular
point in the case on which the defense
seems to rely is that of instructions as
to the effect of intoxication in de-
termining the degree of guilt
The defense claims that the instruc-
ton given by Judge Preston was de-
fective in that it confined the question
of intoxication strictly to murder in
the first degree. The Jury was told that
intoxication might be considered in
determining the question Of intent. But
there was no hint this might be con-
sidered In relation to any degree Of
murder below first degree.
The defendant pleaded that he was
when he killed his wife, and
in fact that both were very drunk.
A high compliment to the Iowa ami
NAL health commission and evidence
of the good condition Of Iowa herds Of
cattle and horses, was received by DR..
Gibson q few days ago. 1t was a let
ter from the state veterinarian of North
Dakota in which he stated that "the
total health certificates that have re-
ceiyed from Nov. 1, 1912. to Aug. 1, 1918,
from your state. indicate that 1872
he\ses were mallein tested and 235
cattse tuberculin tested. and entered
this state. comprising 207 shipments. :"
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