Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-09
SOME Big INTEREST APPARENT.
" BEHIND CAPITOL GROUNDS
LITIGATION.
THREAT TO 60 70 FEDERAL
COURT 90 INDICATES
Prsssnt Plaintiff in Case Interested
Only to the Extent Of 70 Cents and
Would Have no Standing in Federal
ceurts-Lssi slaturs's Powers IN
Taxation Questioned.
,ecial to Times Republican.

Special to Times-Republican.
Des Moines, Aug. S.-What heavy.
interest in the state is putting up the
money to pay for the big fight made
against the state to prevent purchase
Of ground for new state Office build.
ing, the Allison monument, the state
heating plant and other purposes?
Near the close Of the Rowley in
junction suit in district court the
statement was made by a well In.
formed man that 40 matter of fact
one railroad company 10 back Of the
suit and 10 furnishing the major part
Of the money. and that 1t IL q part Of
q political game that will be developed
later on. He obtained his Information.
with no qualifications. from former
resident OF Van Buren, county.
The threat Of taking the case into
federal court had In mind inducing
some one Of the railroad corpora tons,
not Organized under the Iowa law. to
claim the right Of q federal question.
No taxpayer outside the state has q
sufficient interest in the tax to raise q
federal question except some one OF
the larger railroad companies. 1t
would be necessary to show at least
$1,000 involved to take the case into
federal court. 1t was shown at the
trial here that the three compliments
in the present suit have an aggregate
interest in the taxation not to exceed
Is cents, as shown by the tax books
where they pay taxes. They could not
claim right to go into federal court.
The attorneys who gave it out that re-
sort would be had to the federal courts
must have meant some more extensive
taxpayers than their present clients.
Attorney Walker for Rowley sur
prised the court in the closing argu-
ment by q bold claim that the right
Of taxation by the legislature Is verJ
limited. 1.-The power to levy taxes" he
said. lis limited, solar az the legislature
is concerned. to the necessities OF the
state. The legislature can not au-
thorize taxes that are not shown to be
necessary in carrying on the business
Of the state. Whenever 1t 10 desired to
20 outside Of this necessity Of the state
the matter must be put up to the peo-
ple.''
Mr.. Walker summed up for the COM
plaintant and contended that the entire
act Of the legislature was illegal be-
cause Of the amount which might hnal-
w be expended under It. The other
attorneys had gone homo before the
case was concluded. Judge Apologize
indicated great relief when all had dn-
tshed. - AZ
Information here IL to the effect that
army recruiting officials have been or
dered to get busy and to strengthen
the regular army as much az possible;
also that quite recently army men out
on furlough have been sent for and
told to report at once at their respec-
tive regiments. The supposition u
that the army is getting ready for the
worst.
Governor Clarke went to Oakland
today to deliver an address at the
chautauqua assembly there. He went
prepared only to make an of4-hand
talk. not having any regular chautau-
qua address fixed up. He had prom
ised long ago to speak on this occasion
at Oakland, and az his health has been
fairly well recovered now he decided he
would keep this engagement.
sss
A way has been found in Madison
county to keep the county from keep
ing up with the procession and man
tanning well-earned reputation for
baking at progressiveness in educa-
ton.
The legislature provided for deputy
county superintendents Of schools
where needed to carry on the work.
The law also provides that their salar-
les shall be fixed by the county edu-
cation board. consisting of the presi-
dents Of the local school boards.
The county superintendent appoint
ed deputy and called the board to fix
the salary. The board fixed the salary
at $50 year. All of which means
there will be no deputy superintend-
ent. The things that were good en-
ough for the grandfathers are good en-
ougn now. Madison county has NO
consolidated schools.
The state highway commission Is
urging on all counties greater activity,
especially in the matter Of the building
Of bridges and repair OF old bridges.
The investigations Of the commission
have shown that the bridges Of many
Of the counties have been neglected
and that great deal Of work should be
done to have them In condition for the
winter. The counties have abundant
money for the bridge work and are be-
ing urged to use It and save possible
damage suits for injuries because OF
defective bridges.