Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-07-19
.R0WLEY SEEKS
ANOTHER WRIT
Would Enjoin State From
Recording Levy for Cap
itol Extension.
AIM IS TO STOP
MONEY COLLECTION
Constitutionality Of Law to
be Argued in Polk Coun-
ty by Agreement.


An application was filed in Val
Buren, county yesterday afternoon ask
ing the court to issue an injunction
against the auditor of that count,
prohibiting him from recording tn,
eax assessment provided in the capito
grounds extension law. The motor
was filed by John w. Rowley of Keo
sauqua. Judge Francis M. Hunter SCI
next Tuesday as the date Of the hear
ing.
Should the court grant tlis applica
ton It will prohibit the collection Of
the tax which has already been order
ed by the executive council
Change Of Venue Taken.
The hearing for the change Of venue
OF the case of John w. Rowley and
others against the state of Iowa came
to q sudden termination at 3:45 yes
terday afternoon when Attorney Gen.
eral Cosson agreed to trying the case
before Judge from some foreign dis
trict sitting in a Polk county court.
While the attorneys for the state
claim that they have gained their
point in having the case tried in Des
Moines, attorneys for the plaintiff
state that their one point has been
that Of objection to a Polk county
Judge, not one Of the place of trial.
They claim complete victory.
The entire afternoon was taken up
by Mr. Cosson in his plea for the
change, and his arguments we're
varied. In addition to the question Of
the change Of place Of trial he went
into details >on the new law to some
extent.
Avoids a Precedent.
In speaking Of the outcome Of the
learing yesterday afternoon Mr.. Cos
ION stated that It was not question
# the personnel Of the court but one
f the locality that he was interested
q. He says that he does not want
o establish a precedent of permitting
rails to be held in all corners Of the
tate on the grounds that these places
re the residences Of the defendant
tate officers
: action brought against state
Ulcers are against them as q part Of
he executive department of the
tate and not as individuals" said
fr. Cosson. III we permit this trial |
} go to Dallas county, that being the
esidence Of Governor Clarke, we will
ave cases in all parts Of the state on
le grounds that Mr.. Somebody. state
ficial. lives there. This would in
ur a great expense and a needless |
aste of time on the part OF the
:ate's employees"
Mitchell 10 Pleased.
Judge J. G. Mitchell, in talking Of
le new turn, of affairs, stated that
othing could have happened that
ould have suited the attorneys for
10 plaintiff any better. "The furni.
ire in. the, court room does not make
~ difference, said Judge Mitchell.
What we wanted was the right to
y this case before court who does
ot own property In the city that is
}. be financially benefited by the &C
on Of this law. II we are not able
agree on Judge to hear the case
len we will without further argu-
ent take the case to some outside
strict. probably Dallas county"
HurryIng to Close Deal.
In his argument before the court, At
'rney General Cossdn presented a
lmber OF facts that have not been
ade public before. He stated that
le executive council has already con-
acted for one-fourth Of the land re-
Tired In the bill at an estimated cost
100000.
Every foot Of the property required
1der the new law, according to the
ate attorney, can be purchased now
r about $1,3oo,00O. Mr.. Cosson
rther states that some of the prop
ty In the first estimate will not be
ken. and this will lower the cost Of
g real estate to about an even
illion. He said that the above figures
ere presented to him by l.. A. Jester,
no is acting as agent for the council
the matter Of the improvement.
Would Make Profit.
Previous to the time when the law
.came operative meeting was held
the executive council and a plan
rived at concerning the raising Of
9 plan, a tax would be levied as
ed by law for the biennial period.
l issue of the warrants would be
ade for 100000. These warrants
build be made for small amounts and
Id over the state. They would draw
UT and one-half per cent interest and
>uld be payable in ten years, with
option for the state to withdraw
EN- in five years.
Mr.. Cosson stated that the state will
making more than it is spending ,
these bonds, as they plan to rent
9 grounds contracted for at rental
6 per cent of the cost, thus clearing
g and one-half per cent on the trans
ton. :.
Attorneys for both factions are anx-
GUS to have the case finished, and :
lille nothing definite has been said
regard to the time of the hearing, it
understood that it will be taken up
soon as court can be agreed on.
SUES lOWAN FOR $4,000.
Mt. Ayr, July IA suit for S15,-
0 damages has just been instituted
ainst William M. Fife, a resident of
t. Ayr, by Charles Ogden of st.
seph, who alleges that his character
d reputation had been injured by
tiers written by Fife.