The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1914-03-26
IOWA SUPREME ....''' =.
COURT DECISIONS

ct prepared for the full bench period
OF the supreme court scheduled for
; April aRd&, there are four cases to
test the constitutionality of laws pass
ed by the Thirty-ffthr general, assem-.
! bly,. as we'll as several reheaTings of
unusual Importance r,.. 3. p.
The neheafings, in most cases. will
he argued orally so. that the four con-
stituUonHi questions probably will
not be reached the first day, but will
go over until the second. ~ nl
In the rehearing of the case of the
State vs.. DR.. Kelley of Council
Bluffs, who shot and, killed two men
in Des Moines in 1912, the state
wishes to have the court make more
elearaits decision ia which ii reversed
the decision. of the lower court and
sent the case back for retrial. Attor-
ney General Cosson 4, declares that a
man may be crazy. from drink, but
that If he is and does murder while
in that condition, he does not escape
the responsibility of his acts. He
wants the court to- decide whether a
jury may find man to be crazy I'M
der certain conditions and be guilty
of murder. 40
The court has permitted the attor-
neys in the rehearing of the Milwau-
kee railroad company against the Des
MoineS Union Railway company pe-
IrlOd of an hour and a half each for
oral argument. They asked for three
hours. each, while under the rules they
are permitted less than ono hour.
This case, Involves the ownership OF
q mile of track through West Des
Moines from Farnham to Twenty
eighth street, said to be worth 81 ,000,-
900. The supreme court recently held
that the track belonged to the tMilwau'
kee company. p, . sE -... 90 --
The first of the cases to be heard
on April 8 in which the constitutions
atty of law is questioned, is that
of +. r. Thurber vs., w. A. Duck
worth. ! ne soldiers preference law
is attacked. Thurber is a veteran
who was discharged. he elaims,s with
out hearing while serving. as JAM
tor at the capitol, The custodian as
serts Thurber resigned. ..l... ...
The law establishing a standard
for ice cream is involved in the cases
of the State VS.. Sanders Ice Cream
company and the State VS.. Hutchin-
son Ice Cream company. Probably
the two win, be combined. The lower
court held that the state had no, all-
thority TO require certain per. cent
of bntter fat in, ice cream. w.. .....
In the case of Bopp VS.. Clark, an
appeal from Fayette county the. con.
stitutionality of the teachers mini
mum wage law Is double. A school
director in this connection made a
contract for a teacher at less, than
the law required to be paid. Court
action was. begun Immediately to test
the law. " p. '.s.l.. .s
The blue sky law, declared uncon.
stitutional in the district court, is to
be tried out in the case of. Harper VS..
Allen. The attorney general expects
to have the validity of the measure
established by the high court. "a
The unusual situation of four cases
involving constitutional questions
coming up in one period and in one
day has been brought about by Attor
ney General Coson, When the cases
were appealed from the district court
he Immediately applied for an advanve-
ment, and the court granted the re-
quest. By this method he will have
the matters finally adjusted within
a few months after they made their
appearance in the lower court,
Des Moipes, March 25.-In revers-
ing the lower court in the case of
Frank G. Pierce of Marshalltown, rep.
resenting the Iowa League of NUM-
cipalities, VS.. the state executive
IcounCil, the supreme court, decided
several important law points in favor
Iof the state. The ruling will have
the effect of preventing outside inter
ference with the executive council in
the future in equalizing taxes, it is
claimed. .r..-.
The court held that when the Polk
comfy district court issued an. order
inr January, 1913.FtO the state eXecu-
tive council to compel the raising of
assessments of properties. about the
state, toftheir market value the judge
went further in ordering increases of
assessments than, the supreme court
knows of any authority for. And it is
the duty of the executive council to
equalize taxes among the counties, of
the state and there the authority ends
the court holds...r - . --,... -...-
The opinion says that the action of
the district court was not, warranted
as it Is not possible to enjoin flu
tire action. The order of the court
was, issued prior to the time, the ex-
Iecutive council assembled as, board
of'review. The members of the conn
Gil also had changed and the high
court holds that the, league should
have assumed they would do their
duty. .~. r.r ,.@o
The contention that the judicial
branch of the. government is without
power to issue. orders to the eXecu-
tive branch was not passed upon by
the court The judges held that
there was enough in the case to war
rant a reversal. without taking up
that point. However. the court init
mates that the executive department
is not subject to orders Of the district
court. The court says: s.. D. 20. .,-'
! "This matter involves judgment
and discretion which cannot as a rule
be controlled by tire courts. Surely
the courts cannot interfere in any
event. in the absence of collision or
fraud" .......- s. 4.4-.. T..
The Iowa League of Municipalities
in instituting suit against the exeeu-
tive council did so with the view OF
forcing that body to assess properties