Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-01-01
Thy Ora Williams. !

1
does an appellant court insert in the
record it makes Of cases decided trio-
ute to a former member Of the court
| tho it is frequently necessary to call
down the lawyers for sighting re-
| marks regarding judges and courts
But the Iowa court was justified the
other day In departing from the rule
because a man practicing before the
court had taken the liberty OF making
| 1t of record that he thought certain
previous opinion Of the court was moi
| worthy to be followed as precedent
The court last week, in an opinion, said
| Of the matter:
| The cases SO mentioned are but few
| Of the very many holding to the prin-
ciple of the Delaney case and We sug-
gest with all due Difference that even
| the savage assault thereon which coun-
| sci INDUCES in can not disturb its
standing as respectable authority. We
should not take the time we have
| given to this subject were 1t not that
| the criticism of counsers argumen.
goes to the extent Of a personal dis
paragement of the author of that opin-
| ion. OF the men who have occupied
| this bench in the history OF the state
| not one has brought to II greater
| learning or more conscientious purpose
| to be right in his exposition Of the
| law than did Justice McClain. He was
| untiring in labor. close student OF
| the cases and withal modest to a
| marked degree. To charge him with
| 'pretentiousness is TO do his memory
| a gross injustice and is one that law
yer preparing a brief TO go into the
| permanent records of the court of last
resort can III afford"
| The other day a visitor to the state
house was telling group of friends
! how that about all they think about
at the state house is how to get their
salaries raised and how to get more
money and spend more Of the taxpay-
ers' money. A few pertinent ques-
| tons silenced his harangue. But else
! where in the state house officials were
| at work trying to untangle comph-
| cation in a border county OF the state
| which they declared disclosed the
| smoothest job Of extracting money
, from the public treasury that had come
| to their attention. 1t involved the
| working" of two general assemblies
| In this county some years ago the
! board of supervisors was induced to
grant the treasurer and auditor both
| additional compensation above the
| statutory salaries. AS the county had
/ a little less than 10000 population this
was legal as to the auditor and IL
legal as to the treasurer. But the coun-
! ty officials came to the state capitol
and induced the Thirty fourth general
assembly to change the population
limit and * was lega!!Zed as TO the
| treasurer. Then to get still more the
auditor presented bill to a city in the
county for making UP the tax list, the
the county paid the clerks for doine
the work, and the city paid $500. Now
| comes the Thirty fifth general assem-
bly, with a bill read1ustin9 salaries
and before ii could be got thru the in
iuence of county officials in the afore-
said county was sufficient to compe
an amendment permitting deviation
from the rule in that county alone, ne
other county being SO favored. Now
the state accountants in going bach
over the records find the various ant
sundry illegal payments and have
made report to- the effect that thu
Il sums thus wrongfully extracted from
the public treasury MUST be paid back
Inasmuch as the claim is based on al
accusation Of fraud 1t is probable tn
statute OF limitations does not appi!
! and the county will get back consid
cradle sums. And the situation fatrl,
illustrates the kinds of kinks which tn
state is trying to straighten out 70 saw
the money Of the taxpayers. - -
A broad generalization as to Senate
Cummins, anent his candidacy for tn
! republican nomination for president
made use of by his friends, reads q
follows: ~
Born amid humble surroundings I
, western Pennsylvania, commencing III