Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-06-22
IOWA SUPREME COURT HEARS
ARGUMENTS ON CONSTITUTIONS
ALlrY OF STATUTE.
RESTRAINT OF BUSINESS
CLAIMED BY MERCHANTS
Case Comes on Appeal From Warren
County-collateral Inheritance Tax
Observation-Disclosures of Supreme Court
Attend State Bar Meeting.
ec.al To Times Eci,ah!ican

I Special To Times Republican,
/ Des Moines, June 22.-In a brief ses-
sion the supreme court, the full bench
sitting heard arsuments in TWO cases
Yesterday involving constitutional ques-
tons
one was a case from Warren coun-
~ involving the transient merchants
law passed hy the legislature two
years aso. Judge Hays held that the
law is in violation OF the constltu-
tion. The particular feature of the
law that IS most Objectionable is that
when merchant opens up a store he
may be required TO put up a $1,000
bond 10 stay in business a year If he
quits short OF the year the bond is
forfeited or he pays a license fee as an
itinerant vendor 1t was held this is
a restraint on business not possible.
The county attorney of Warren county
defended on behalf of the state. the
legal department of the state taking ma
hand in the case.
Collateral Tax Ruling.
The other case was one OF the long
line Of suits involving the collection of
a tax on collateral! interitances when
they go to aliens higher than when the
inheritance goes TO citizens of the
United States Four cases We're con-
solidated from Allamakee county, three
involving personal property and three
real estate inheritances, go to resi-
dents OF Great Britain. The British
treaty j. involved The contention of
the state treasurer of Iowa is that as
to real estate the treaty does not applt-
where the inheritance going TO Brit
ism subject is less than 800 acres OF
land. because an alien can inherit and
hold that much land in Iowa, and the
treaty, as 10 land, applies only where
the heir is disqualified from holding
the personal property in the United
States owned by an alien and inherited
by an alien, but in these cases the
property was owned by citizen.
Il seems that the supreme court OF
the United States has rendered some
decisions that are different from those
OF the Iowa supreme court. in times
past and a new Interpretation Of the
treaty as affecting collateral inheri-
lance taxes in Iowa is desired. As the
treaty with France, as we'll as other
important treaties. are substantially
alike. the ruling will affect a large pro-
portion Of the collateral inheritances
where the property .descends from a
citizen Of the United States to an
alien.
Off to Bar Meeting.
| Several members of the supreme
court. and of the legal department of
the state. and big bunch of attor-
news from Des Moines, Will go to Fort
Dodge to attend the meetings of law
yers there this week. The association
of county attorneys convenes today and
the state bar association meets tomor-
row.
One of the entirely new things to be
considered at the State Bar meeting
illustrates how the viewpoint changes
as to certain matters affecting the adj
ministration Of justice Formerly it
was regarded as necessary TO put
jury into small room, with nothing
but hard benches. with no food or wa
ter, and keep the jury there until a
verdict is reached after case is sub
mtted Now the bar association will
have before it proposal that each
county be required to put UP or main
tain a comfortable dornitory for jurors
while on duty SO they can sleep in COM
fort and deliberate in restful peace.
That marks a long step forward in the
handling Of juries. The law reform
committee has included in its sugges-
lions one on this matter.
The committee has brought before
the association members the substance
of bin which narrowly missed be-
| coming law at the last session, pro-
viding for meeting of the grand jury
but once a year, in the smaller coun-
! ties of the state, unless the presiding
| judge calls the grand jury back. A
| bill to that effect passed the house and
on the next to the last day of the ses-
| sion failed in the senate because of
| a large number of absentees 1t is
| intended to lessen the cost of courts A
| great many times these grand juries
are required 10 meet and find they have
| nothing to do.
| The committee has also reported on
| the proposal to modify the law uH<-.r
which judges are nominated and
elected: also change in the law as to
selection OF jurors by a commission
or otherwise; and proposal for an in
quiry in all default divorce cases so
as to avoid the scandals of hasty or
agreed divorces.