Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-06-22

amendment 1t authorizes a certain
number Of members Of the grand jury
which is clothed with the power Of re-
turning indictments, and in the other
there is provision that under certain
circumstances an accused person may
be presented for trial without waiting
for grand Jury. He contends this is
all one subject. He also contends
strongly that the amendment and the
law passed based upon the amendment
are in perfect harmony with the orig
inal clause Of the constitution provtd-
ing for grand Jury Indictment.
It is the contention Of the legal de-
partment Of the state that this 10 all
there is in the case. and that II the
amendment was properly adopted and
the law il in harmony, Jones must be
held.
Very likely the other questions will
be raised in some other manner 80 as
to secure a review OF the conduct Of
the court at Corning in handling the
Jones case.
The trial before Judge Kamrar Of
suit brought to compel the railroads at
Fort Dodge to comply with the railroad
commission order to apply a switching
! mines in that vicinity, raises again a
question originally raised before the
railroad commission, involving an in
teresting controversy over the con-
struction of the law Of the Thirty
fourth general assembly defining a
switching service in Iowa. The bill
was passed at the instigation Of the
Iowa Manufacturers Association. It
was intended to enlarge the meaning
of switching service and authorize des-
ignation of Industrial vicinities and hx-
ing low charge therefor. Under the
! law the switching charge matter has
been adjusted as to three or four cities
Of the state.
But it was found that as to a great
many Of the cities and towns of the
state it would be far better not to dis
turb conditions as they are and no ef-
fort has been made, since at the first.
to secure any general order fixing
switching charges all over the state.
When the matter first came up as to
switching charge In Des Moines the
railroad companies raised the point
that the law as passed means some
thing quite different from what was in
tended and that instead Of enlarging
the meaning Of switching service It
limits 1t very much, that in fact there
can be no switching service except
where the cars are transferred from
one, track to another.
Now in the Fort Dodge gypsum case
the switching service ordered Is all on
what might be called the main lines
Of the railroads, and II 10 commended
that this is not possible under the law,
hence the railroads have refused to
make the switching charge az ordered.
The state brought suit to compel COM
pliance with the order. It all hinges
on the Interpretation Of q law that
confessedly was badly drawn and
doesn't clearly mean Just what was
intended.
Now It is at least partially explained
why city officials ct Fort Madison are
so cross and Ill tempered and want to
take it all out on Warden Sanders Of
| the state penitentiary. The state
board of health has examined tho
water supply and finds that the water
being pumped thru the city mains IL
utterly unfit for even the taking Of q
bath.
It is expected the state board will
take q hand in Q very interesting tight
going on there. Tho matter has got
into court, in fact into two courts, one
ordering better water and the other
ordering the first one To let the water
alone or something Of the sort. The
state board Of health has the last guess
on the matter. however, for 1t has
Jurisdiction over the health Of the
public, and the courts can not go back
of that. A sample Of the water has
lheer analyzed and tho results will ap-
pear in court this week at Fort Madi-
/ son.
The trouble IL said to be because the
| franchise Of the water company 10
about to expire and the company re-
fuses to make any improvements until
| IL gets a franchise.
IL r. nrnhahla that the chAngea Inv