Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-04-30
MOTION TO DISSOLVE lNJuNc.
TIoN AGAINST coMMAN-
pANT WhITEHlLl FILED.
CONTENTION MADE COURT
HAS NO JURISDICTION
Avsrmsnt 10 Made In Motion, Which
10 to Be Heard Monday BY Judge
WIllstt, That Control Of the Homo
Rests Solely With Board Of Con.
troll and Com mandAnt.

The first move OF the state to fight
the effort of C. p. Mars. member
Of the soldier home. who seeks by
restraining order In the district court
to prevent his compulsory furlough
from the home, was made this after
noon. A motion to dissolve the
temporary Injunction. issued last Sat-
urday by Judge Willett. to restrain
Commandant B. C. Whitehill from
furloughing Mars, was filed for the
state and the commandment. judge
Willett indicated that he would hear
the motion next Monday.
The contention OF the state Is that
the court is without Jurisdiction in
the control OF members Of the home.
that such control IL an executive
function Of the board Of control, and
that If Mars has a right of recourse
to the court in this question every
member Of the home has q similar
right.
Mars Tied Up Action.
Mars, with other dissatisfied men,
bers of the home. Is charged by the
commandant with circulating untrue
and slanderous stories about the Of
ficers Of the home. When confront
ed with the proof, he alleged that he
heard such stories" As q measure
Of discipline he was notified that he
would be given furlough of four
months. Before the furlough became
effective Mars secured a temporary
restraining order The application
on which 1t was issued set up the
claim that Mars had done nothing
for which he should be removed from
the home. that he was aged, and that
his wife was an invalid and he would
be separated from her If furloughed.
States Contentious.
Several legal phases OF the contro-
versy are included in the states
motion to dissolve the Injunction
The contention is made that the In
junction was issued without notice,
that the court Is without Jurisdiction
and that the order was issued with.
out bond.
It is pointed out that the board OF
control 10 given management and
control Of tho home by statute. and
that tho conmandant Is subject BY
statute to tho orders Of the board Of
control. It IL further avsred tina,
Mars has his full risht Of appeal
under tho state law. to the board o.
control. but that the question Of who
shall or shall not remain members
OF the home Is to be determined sole.
| ly by the board Of control.
Meat Of tho Issue.
The meat of the states contentious
IL that under the petition in this
case. the plaintiff claims the right o.
a review by the court Of matters O.
internal discipline of the home ant
a right to have determined by the
court what persons shall and wha'
persons shall not be and remain in
| mates Of the home. II the plaintiff
has this right, so has every other in
mate Of the soldiers home and ever,
other similar institution in the state
Tho defendant contends that sucl
matters are not subject to review b,
the court and that jurisdiction there
of is lodged solely in the board O.
! control to whom tho same is commit
| ted by the statutes Of Iowa."
Petit Jurors Excused.
YDdpa yVi1lett Thursday excused all