Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-07-15
UNWILLING TO TRY
CASE IN 0TTUMWA
ATTORNEY GENERAL OF STATE
TO ASK FOR CHANGE OF
VENUE TOMORROW.

| Des Moines, July 1.-the state
OF Iowa tomorrow will defend the
millage tax law providing for the ex
tension and Improvement Of the cap
itol grounds. George Cosson, attorney
general, two Of his assistants. and
A. c. Parker, Des Moines attorney
| employed during Mr.. Cosson's alb
sence last week, will appear in the
district court at Ottumwa for the
state. Robert Sloan Of Keosauqua
may appear as representative of Ed.
gar r. Harlan, curator of the histor-
ical department.
Although the attorney general Is
anxious that the case be submitted
as soon as possible, he will file a
motor for change of venue. He
will tell Judge Francis M. Hunter that
the proper place to try the case Is
before the Polk county district court,
in the jurisdiction of which the state
executive council sits and makes its
orders.
One member Of the executive coun-
Gil is not in favor Of having the case
transferred from Ottumwa to Des
Moines. He told the attorney general
that the political effect would be bad,
according to Mr.. Cosson. The at
torney general expects to fight the
case out on its merits and, according
to his views, regardless of the polit-
ical effect it has
One Member Opposes Change.
The fact that one member of the
council is Directing to bringing the
case to Polk county caused the at
IN no
sistance may have been given him to
head of the attorney general asking
a change in venue.
II feel that / should have been
consulted" was the only comment
Mr.. Cosson offered.
Gossip to the effect that Mr.. Cos
son was not prepared on the case
was without foundation, he said. Sew
eral years ago he prepared an opin-
ion for Gov. B. F. Carroll in which
the same point was involved. He last
winter made thorough investigation
Of the case again. He discussed it
with the governor and members of
the legislature. His department Of
fered safeguards for the law and
these we're adopted. Since the law
was enacted he wrote another opin-
lon
II have prepared the case no less
than three times" Mr.. Cosson said.
He called attention to the fact that
G. A. Robbins and Henry Sampson, ,,
special counsel, also have worked on
It.
Either Of them Is ready to appear
for the state. Mr.. Cosson Is to take
charge in person, but Mr.. Sampson
and Mr.. Robbins will be present, as
we'll as Mr.. Parker.
May Delay Levy.
AS attorney general, Mr.. Cosson
lakes an oath to support the consti-
tuition. He says he would not have
,old the governor and members of
he legislature he believed the law
unless he believed 1t.
Il he did not think the law constitu-
;ional as he said he would tell the
court as much. But he believed in |
The law and he will defend 1t.
Mr.. Cosson and his assistants will |
90 to Ottumwa tonight or tomorrow
It is not probable that all
members of the executive council |
will be present.
The council this morning will have
an opportunity to make the levies
authorized by the last legislature. |
There are three OF these:
One-half mill for improvement and
extension Of the capitol grounds.
One-half mill to create special fund |
for the state college at Ames.
One-half mill for improvement OF i
state institutions under the board OF
control
The council may not make the cap
tol extension levy while the case at
Ottumwa is pending. II it is made,
The opponents to the law will be COM |,
pelled to enjoin each county treas
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