Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-06-27
MANY RELATE TO COURTS
AND COURT PRocEEpuRE
All Judges, Both Supreme and District
to Be Nominated and Elected With.
out Regard TO Political Faith-sys-
tenn Of Choice Adopted Similar to
That Used in Commission Cities.
Special to T4mes-Republican.

. =. - .
All judges. both supreme and dis
trlct. shall be nominated and elected
without regard to political parties. The
system is like that adopted for COM
mission cities. Candidates names 20
before the voters at the June primary
on separate ballot, and each voter
votes for twice as many candidates as
are to be elected, and this number are
nominated. In November there is a
special "nonpartisan Judiciary ticket
column on the official ballot with the
names of the nominated candidates.
Nothing to show whether they are re-
publican. DEMOCRAT or bullmoc Sc. It
means the biggest shake-up i'll the
Judiciary since the circuit courts were
abolished. ~
The supreme court Is authorized to
divide itself into two divisions and
make rules for submission Of cases
divisions. the chief justice being on
both divisions. This mas not yet been
done. but the court Is seeking the adj
vice of leading lawyers as 10 how best
to proceed. The supreme court will
also hereafter appoint its clerk and
reporter.
SFNuStVT " S0o9Vos
On petition of any five attorneys in
one county the chief justice may order
the temporary transfer to that county
of a judge who belongs in another dis
trict to hold court exactly as if he was
resident Of the district, to relieve an
over burdened docket, or for other rea-
sons.
A county attorney must not only be
a oil Of hi 1txy
must be admitted to practice as an
attorney or counselor in Iowa and not
have had his certificate revoked.
A court may admit to practice on
motion an attorney shown to have
been admitted in another state and
have practiced there for one year.
The mayor Of any city or town may
get rid of holding court for violation
of the city ordinance by an order to
send any such case to a justice of the
peace who shall try it the same as a
state case and with same fees and con-
ditions. This is to enable cities to get
business men for mayors who would
not serve IL they We're compelled to
act as petty judges.
Where there is vacancy in the
office of justice of the peace and the
books ofsthe former incumbents are in
the hands OF the county auditor. a
transcript from the docket may be OBJ
tanned thru the clerk Of the district
court on written request and tender
ing the fees the same as a transcript
from justice of peace, if he has the
books.
Photographic Copies as Evidence.
Where dispositions are taken in an
outside county and books of account
are competent evidence in the case, a
photograph may be taken Of the pages
Of the books. and this can be certi-
fled up and be used as evidence along
with the dispositions.
A material witness may be required
to go to another state to attend court
where the other state has a similar
reciprocity law. The witness desired
may be summoned before a court and
If the court finds he is a material wit
ness in the other state an order shall
be issued for him to answer the sum-
mons The witness must however, be
rendered 10 cents a mile and IS day
for each day he Is wanted.
a person under sentence Of court
and suspension before commitment as
a first offender may now be pardoned
by the governor pending such sus-
pension.
Important Change in Law.
AS to instruction to juries by the
district court a very important change
goes into effect July 4. Section 3705
of the code is changed by leaving out
the reference to when the argument
is concluded" in regard to the times
that the attorneys shall present their
written requests for instructions. Then
this added, all new stuff:
"All requests for instructions must
be presented to the judge before the
argument to the jury is commenced
and before reading his charge to the
jury. The Judge, before reading his
charge to the jury, shall present all in
structions to counsel on either side.
each of whom shall have reasonable
time in which to examine the same.
All objections or exceptions thereto
must be made before the Instructions
are read to the jury and must point out
the grounds thereof specifically and
with reasonable exactness; but upon
showing in a motion for a new trial
that an error in such instructions was
not discovered by the party claiming
the error at the time Of trial, such OBJ
sections or exceptions may be made In
the same manner in such motion for
new trial. and no other objection OF ex-
ception to the instructions shall be
considered by the supreme court on
appeal. except those made as above
provided. The objections or exceptions
must point out specifically the exact
grounds thereon, and no other objec-
lions or exceptions shall be considered
nv fha triaI cOnrf upOn motion for q
new trial or otherwise, or by the su-
preme court upon appeal"
= End neyereal Of Gases.
This new addition to the code OF
Iowa was adopted in the belief 1t would
go fat toward ending the reversal OF
cases by the appellate court onstechni-
|scalities. 1t puts compiete end TO the
system OF lawyers working during
trial to curnber the record With errors
and 10 leave them unnoticed until they
|;get 10 tllsssupf enc courts at pisces =
9sbu5 - - Win cause