Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-09-13
LINN COUNTY GRAND JURY ASKS
NEW INSTRUCTIONS FROM
JUDGE IN LIVING COST.
SAY IOWA LAW DOES NOT
PREVENT HIGH PRICES
Grand Jurymen Ordered to Prosecute
But Find They Can Do Nothing
Judge Holds That Any Combination
to Fix Uniform Prices Is Illegal
May Mean Many Lawsuits.

Cedar Rapids, Sept, l3,-That Linn
county is practically handcuffed in its
campaign on the high cost of living
was the startling revelation in the
district court at Marion today, when
County Attorney H. X. Lockwood
called the grand Jury to appear before
Judge John T. Moffit for a better
understanding OF the courts formal
Instructions. It was pointed out that
tAs grand jury had been instructed to
Investigate and return indictments in
cases of profteering, but that the Iowa
statute Contains no law regulating
such transactions. The court agreed
that situation exists-that it is i'm
possible TO prosecute except in cases
of merchants or dealers who com
bine to govern prices or where there
has been destruction OF foodstuffs to
influence prices.
In reality 1t means, the court held,
Just what County Attorney Lock
wood pointed out that the butcher
who buys meat at IS and 20 cents a
pounds and sells 1T TO the private con-
sumner at so cents can not be touched
under Iowa laws; that the grocer who
buys potatoes at 90 cents a bushel
and sells them at 30 cents a peck is
exempt; that q shoe dealer can buy
shoes at $3.50 and sell them at ST
and that a clothier can buy suits at
$13.SS and sell them at $50, as long as
It can not be proven he Is associated
with other dealers to distribute, his
wares at fixed price.
Reason For Question.
The situation today developed from
Judge Motifs recent instructions to
the grand Jury when he urged the IN
dictment Of the profteer who has been
obtaining outlandish prices for articles
OF common necessity, which should be
retailing at much lower figure. APP
parently it was the concensus OF opin-
ion OF the Jurors and the county at
torney that the buck had been passed
TO them, for Elmer D. Neal OF Mount
Vernon, the foreman, took opportunity
to inform the court that his instruc-
tons which were printed generally in
the newspapers would leave them IN
q bad light owing to the impossibility
to carry them out. If the laws were
available, the Juror said, It would be a
pleasant duty to run down the mer-
chant who robs his neighbor, but in
view of, the handcuffed authority It
was only fair that true situation be
crystallized.
Important Victory.
An important victory was earned
by the opponents of high prices. how
ever, when Judge Moffit gave an opin-
ION that all combinations for the pur-
pose OF fixing a uniform scale for the
sale or handling of commodities come
within the provisions of the law and
are subject to prosecution. That In
stance was referred to by Juror P. D.
Fushmeister of near Ely, who asked If
= combination Of thrashers who fixed
prices were included. The courts
opinion was that 1t was. Cense-
.quently. never-ending term Of in
vestigations is due II the county at
torney and grand Jury endeavor to
follow that Interpretation of the law
to the letter.
Restaurant men who agree on the
general price to be obtained for ham
sandwiches and pie, grocers who have
an Informal understanding what they
VIII obtain for certain commodities
and every other branch Of merchants
who have similar dealings, are yio-
Iators OF the law, according to the
courts opinion. At the conclusion of
the session Judge Motif sent the grand
jury back to it's deliberations with en-
phatic instructions to invests gate and
indtct every set of merchants found
guilty OF combining TO fix prices or
Who destroy food to influence prices.
] Investigate Reports.
II Is extremely difficult to get that
kind of testimony" Judge Noftit said,
and If 1t can't be done it can't be,
but this grand jury should exert Itself
along those lines. It should investl-
gate all reports Of food price oombina-
ton and all other concerted actions to
influence living cost"
The grand Jury will be engag ed the
rest Of this week with criminal investi-
cations, County Attorney Lockwood
told tho court, but adjournment Will
BE- taken until next week, when no
limitation would be placed on the time
Sor high cost Of living Investigations
That. It was taken 70. granted. means
that the numerous reports Of profiteer-
Ing at tho expense Of the wage Garner
shat have bean IN circulation for
months are due to be aired under oath
.l Asked interpretation.
When County Attorney Lockwood
and the grand Jury appeared in court
Judge Moffit was appealed to for a
batter Interpretation Of his instruc-
tions, for an indication OF whether
the grand Jury was proceeding along
the linss he desired, and whether or
not, In view of the fact that no regu-
lations governing general proiseering
could be found, he had had in mind
any legal vehicles which were being
overlooked. The courts reply was that
the grand 1ury's progress had been as
rapid and thorough as the Iowa laws
permit.
I PREACHER SHOOTS At THIEF.