Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-05-26

named. The supreme court did not
see things in that light however, and
answered the main question in the at
irmative, saying: 1T seems 10 us that
TO take the position now that women
are ineligible or do not possess the
necessary qualifications - fill such Of
fee upon the ground urged by appel!
liant would be to turn back the hands
of the clock and to say that commo.
experience and common sense must
yield to the arbitrary application of tbs
ancient maxim to q state OF facts tc
which TO say the least. ii is of very
doubtful application. Moreover we ar
of the opinion that it would be dis
tinct lcss to the state to thus deprive
it of the services of such an iutelligen,
and efficient portion Of its citizenship.
and as there is no constitutional oil
statutory provision specifically reduir-
ing it, we hold that under the la"
there is no express or implied barrier
to the nomination of woman as the
candidate for the office OF clerk Of the
district court. and that her fellow citi
zens may call her to discharge its
duties If they see Mt"
DESECR OF GRAVES.
Whether a court can, on murder
trial at the motion OF an accused, or
der the dead body Of the victim OF the
crime TO be exhumed for examination
for evidence purposes. is presented In
state VS.. Highland, 80 Southeastern
Reporter 40. The following discourse
on this question by the supreme court
Of appeals of West Virginia is of in
;erest: Can 1T (the courO, without the
consent Of the kindred of the dead. in
vade the sacred precincts Of the ceme-
terry, and tear open the grave, and tear
open again and lacerate afresh the
hearts of those that loved him. and to
whom his memory is sacred and dear !
With what reverence do we all regard
the graves of our dead. and each re-
turning spring cover them with beau
titul flowers There is an instinct
planted by nature in the human breast
TO feel strong aversion-almost
horror-at the dissertation Of the
grave. The maxim, .Requiescat in
pace Get him rest in peace). speaks
this feeling. The great drarnatist i'm
pressively tells This tender emotion IN
the prayerful epitaph written by his
own hand for his tombstone
To dig the dust enclosed here;
| Blest be the man that spares these
stones,
And cursed be he that moves m!
bones
| The conclusion is that court vii
only exercise the power. II 1t has sucf
power. to order the body of deceased
/ In a murder prosecution, to be disin-
/ tered, when to do so is plainly neces-
sary and essential to the justice ant
1 fairness Of the trial and is matter II
the discretion Of the court. The gues-
::oa az to whether court actually
has this power is left undecided. pc
cause. under the circumstances OF TINS
case, the lower court. in the opinion
of the supreme court, did not err In re-
fusing the autopsy.
A LAWYERS LOYALTY.
A striking example of lawyers 10y
atty to his client is found in Oates We
| state, 149 Southwestern Reporter. 49,
Defendant in 1904 was charged witt
murder. At the inception Of the case
| one Mr.. Basket was appointed by the
court to defend him. The trial resulted
( in a conviction and the death penalt!
was assessed. The attorney appealed
| the case and secured a reversal. Tit
battle for the life Of his client in thi'
most remarkable case, extending ovel
a period Of eight eyears. is best told IL
that the present case is the fifth appea
from convictions. each Of which result
ed in the death penalty. Steadfast ant
| true TO his client thru this lonl
struggle, the Texas court of crimina
appeals now ends his valiant efforts
by decreeins that at last defendant hal
had a fair and legal trial, and, in al
| frming the conviction. pays the follow
| ing tribute to the defendants defend
er: 'sThat he has done his duty in thi
| case faithfully and to his credit will b.
borne out by the record Of the FIVE ap
peals, as well as by the arduous worl
in the trial court when the appellan
! stood before the jury with his life II
| the balance The ability, the courage
and the fealty displayed by Mr.. Basket
.a: his client in this long legal BATH
\. worthy Of commentator. The rec
ords in this case, as they have com
| before this court, the briefs filed b.
Mr.. Basket in defense Of his client TO
I All. liz go legal rights. and the abb
! oral Arguments before this court, a
i wen AZ before the trial courts. evince