Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-20
o0SrRUc1lONiST WHO STAND
IN WAY OF IOWA PROGRESS
PLACED IN NEW LIGHT.
HELD TO VIOLATE THE
STATE CONSTITUTION
Attorney General Declares Those Who
Believed Themselves Injured Had
Redress Thru the Legislature Rather
That Thru courts-Hunter Decision
May Place Other Laws in Jeopardy.
Special to Times-Republican.

who stand in the way of Iowa progress,
are hard hit by the attorney general
in the brief and argument in the capital
tax levy injunction case placed on iile
with the supreme court. Mr.. Cosson,
does not spare those who have made
the attack on the legislature and state
officers and sought TO nullify the Will
of the people as expressed thru their
chosen representatives. This is the
appeal from the Hunter decision and
decree.
The lower court rendered a decision
in contravention OF the constitution.
While assuming TO be a protector OF
the constitution Judge Hunter in fact
violated the constitution.
The lower court violated the COM
monest rules OF law in passing on the
constitusionalty Of the sections relat-
ing to issue of certificates when that
part of the law was not before the
8 court at all.
The lower court assumed a legis-
lative function in deciding whether or
not the extension OF ground was needed
Tor the state.
The lower court assumed that the
main purpose of the ct was to expedite
purchase of the ground. instead of the
main purpose being to levy a tax for
the fund for purchase
The levy CT a millage tax for govern
mental purposes is in keeping with the
policy of the state and the proposed
extension of ground is in keeping with
the greatness and dignity Of the state
and its actual governmental needs.
Riddles Hunter Decision.
These are some of the points which
George Cosson puts right up to the
Iowa supreme court in an argument
brtstltng with strong points in defense
of the state in this matter. The opin-
lion Of Judge Hunter in which he de-
votes fortytwo pages to discussion Of
q question not before him at all Is bad
~ .riddled. and II is shown that he in
,vaded the legislative department Of
government to protect RoWley and his
known hackers These are all clearly
Legislative functions says the at
torney general in referring to the main
provisions Of the law. land even the
the combined plaintiffs in this action
are required to pay tax approxima tely
81 cents a year in the aggregate for the
years 1913 and 1914 and one-third Of
the amount for each year thereafter for
period Of eight years. redress should
be made to the legislature Of the state
and not to the judicial department of
Dur government"
1t Is contended there is a legal pre-
sumption that there was need of the
levy of a tax for purchase Of ground
,and erection of buildings. There is a
growing tendency" says the attorney
general. Gin this country and in this
Estate for persons who are not pleased
with laws. 10 matter how salutary may
Ebe their provisions, to rush into the
courts upon the theory tina: the courts
1ave the veto power over legislation
sthat they will act as buffer for every
person dissatisfied with a law passed
Fly the legislature" The state insists
tthat on the question of fact. sphere
lin which the court had no right to
tenter, the courts finding Of facts is
tclearly erroneous.
Conditions Are Compared.
The attorney general declares "the
lower court in it's finding of facts was
unacquainted with the conditions OF
which the general assembly well knew
anu lui iISIitu luuuCeHltll LOT tNe
general assembly to pass on the act in
question" and a showing of conditions
is made in a series Of photographs
showing the unsishtly surroundings of
the state capitol. and a statement OF
facts as to the crowded condition of
offices in the capitol and others in state
use outside the capitol. In contrast
with this is also presented a showing
nf no -f,y MT ,Iot
surrounded the college at Ames with
land more than twice as much as Is
proposed as the extreme limit for the
state. capitol. The greatness of the
state Is also set forth in few pointed
paragraphs to show that It is a state
which ought to have It's apftol build
ing in proper setting It is a complete
defense to the people of the state.
The two appeal cases are now in the
supreme court in such way that 1t VIII
not be easy to avoid deciding whether
or not the district cuort Of Van Buren,
county, under the instigation Of Row
ley and his hackers and their attorneys
was guilty Of violation Of the consti-
tuition. The attorney general has asked
that the Hunter Injunction be held up
and be rendered null and void at once
This is to avoid the complications
which would arise from carrying out
the announced policy Of starting suits
all along the line Of the Burlington in
southern Iowa to effect delay in levy
of the taxes. If the supreme court calls
halt on the lower court it will be
virtual declaration that the persons
responsible for the Van Buren, county
suit and the decision thereon are out OF
harmony with the laws Of the state.
Redress With Legislature.
TT can not be too strongly urged
upon this court" says the attorney
general in presenting this interesting
part of the controversy. that the re-
bponsibility for the wisdom Of a Law
rests entirely upon the general as
vembly. Whether a law be wide or 9th
erwiss, II it il clearly valid and con-
pfttutionAl az the first sections OF this
Nv must be even beyond question OF
+ rational controversy. then it Is the
hlear duty Of the court when a statute
= assailed under q state of facts In
SolvinG that part Of the law which I.
clearly constitutional TO say to thu
platntin4 seek your redress at the