Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-01-12
suPREME COURT MAY THROW
ouT,HuNTER pEclsloN iNvoLv.
ING LIQUOR shlpMENTs.
HAS DISTRICT COURT RIGHT
70 ANNUAL FEDERAL LANs7
Judge Hunter. Rsvsrssd In Capitol
Grounds Extension Suit, Likely % D
Treated Liksviss In Declaration That
Webb Kenyon Law 10 uneenstitu-
tional-L eokins Fer Trouble.

tSpeCIal 10 I1ueSskSepuOllcdL
Des Moines, Jan. 12.-When the SUI
lpreme court meets tomorrow It may be
that there will be q halt called in q
little opera boune judicial posing
which is beginning to attract attention
beyond the borders Of the state for it,
ludicrous aspects.
The court has set for argument the
lease Of the state w. the United States
!E1press Company. with the Hamm
Brewing Company as intervenor. In
volving the Webb Kenyon law and it,
application in Iowa.
It was in this case that Judge Hunt
err at Ottumwa, who became famous
Tor deciding. that the legislature OF
Iowa went all wrong in deciding that
Iowa needs more room for the capitol
and buildings. held that also az to
congress it was equally wrong and that
1t grossly and inexcusatiy violated the
constitution Of tho United States by
the passage Of the Webb-Kenyon law.
It was found, in the case involving
the levy Of the tax for the capitol ex-,
tension, that Judge Hunter assumed
Jurisdiction when he didn't have any
Jurisdiction at all. So. also. 1t Is
claimed by those who know. 1t is not
within the province Of q district Judge
in Iowa to take Jurisdiction over the
acts Of congress ana to decide that a
law passed by congress Is void as being
unconstitutional and therefore not
binding in the federal courts.
It will recalled that the state Is only
incidentally in the case. but II the point
is raised that q district judge at Of
tunwa is not entirely competent to de-
eide federal statutes unconstitutional
the supreme court may think twice be-
fore accepting an appeal from the
court. and therefore may annul the APP
peal. It is, at least, an interesting
question. The position the state took
was almost identical with that Of the
intervenors, to the effect that the law
does not apply in an instance where
there is shipment Of liquors to a prl-
vate party for private use and not for
sale in violation Of the law.
There is nothing left to do as to the
purchase OF the Flynn farm by the
state for the epileptic colony but to
arrange for the railroad facilities
which the state board has required
should be made before the deal 10
closed. Owners Of the farm have set
out to make survey Of the portion Of
the farm where the, proposed station
rand sidings are to be located and to-
gether with the officials Of the Mil
waukee railroad and the interurban
railroad will make q report to the
board on what can be done.
1t is probable there will be joint
station for the use Of the railroad and
trolley line. The interurban people
plan to run. a line ives: into Dallas
county any way and 1t would properly
go right past the farm. II this is done
it will give the new farm the benefit Of
three lines Of railroad instead Of two.
Members Of the board are very much
pleased that the negotiations have pro-
decided SO far and satisfactorily. The
farm Is still in an estate form and UNI
divided as between q number Of heirs.
At first it was reported some Of the
heirs would not consent to tho sale,
but all of them have acquiesced In
the deal and the state will get q splen-
did tract of land for its latest institu.
ton,
Look out for trouble at some Of the
state institutions when the doctors be-
gin to make real application Of the
Perkins law for; eliminating the dam
ger Of heredity as to insanity and other
things.
There are a number Of persons who
have been watching the situation who
believe that the law win not hold water
If IT Is attacked and thew fo.l ~,,ra -
will be attacked by. some OF the friends
OF the persons who are directed to be
sterilized< upon the recommendation Of
the boardsof parole. The law makes
no provision for any hearing in q mat
ter Of this kind. The board decides
after consulta ton with the superinten-
dent or others. The order for action
goes out and Is ready for execution
before the person affected knows any
thing Of 1t.
Now it is pointed out that there are
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