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me in AdnruLtCASE IS REVERSEDFamous Case Involving the law Making the Selling of Crops Before Rent is Paid Larceny*,CONSTITUTIONALITY ATTACKEDWesley Martin Interested in Case. Fear That Constitutionality was♦not Ruled Upon by Court.IThe famous Cy Ashpole case has been decided by the supreme court cf the state. The ruling of the lower court, which sentenced Ashpole to six mouth’s imprisonment in the penitentiary, is reversed. Wesley Martin of this city appeared for Ashpole both in the lower and higher court. Thecase came from Winnebago county.' Itis of interest over the state for the reason that it attacked the constitutionality of the law which makes it larceny for a tenant to sell the crops from the farm he rents before paying the landlord his rent.The opinion of the court has not yet been received and it is not known» iwhether the court sustains Mr. Martin's contention as to the unconstitu-tionality of the law. It is this phase of the case that has given it state wide interest.Asbpole was a renter and sold grain lVoni the farm without paying the rent due the owner of it. Under the law which makes this a larceny he was arrested and in the lower court found guilty and sentenced to six months in the state penitentary. The case was appealed on several grounds. The indictment was attacked as being void for technical reasons, and it was alleged that at the time of the arrest the renti • . • was not wholly due, etc. But fchb^noSt important objection was that the law forbidding the selling of grain in this way is unconstitutional, for the reason that it is class legislation. It Is likely, however, that the court has not touched on this latter phase of the question, but reversed it on other points raised by Mr. Martin. The court hesitates about declaring laws unconstitutional p.r.d if a case can be reversed on any other grounds it always does so. The legal profession of the state will regret, however, the probability that in the Asbpole case this phase of it was not ruled upon.
Newspaper Details
Webster City Tribune
Webster City, Iowa, US
Fri, Jul 14, 1905
Page 1
Full Page
Clipped by
Jacki R.
USA 19 Jul 2020
Other Publications Near Webster City, Iowa
Hamilton County Journal
Webster City Tribune
Webster City Daily Freeman Journal
Standard Atlas of Hamilton County Iowa
