Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
The republican state convention that was to nominate a supreme judge
met at Des Moines, August 24th of that year. The supreme court at that
time consisted of W. H. Seevers, Joseph Reed, Jos. M. Beck, James H.
Rothrock, and Austin Adams. The latter named judge's term expired the
first of January, 1888, and either his renomination or the nomination
of some one in lieu of him came before the republican convention to be
held in August. J. S. Clarkson, the editor of the _Register_, and
Mr. John Runnells, Esquire, the attorney of record nominally of Pearson
and Loughran, but in fact acting for the whisky trust; to-wit, the
Western Export Association, secured their nomination as delegates to
the republican state convention. During the sitting of the court and
before any opinion was announced it was well understood in the
community that Judges Seevers and Reed had written an opinion reversing
the decision of Judge Conrad, and that Judges Beck and Rothrock had
written an opinion affirming the case, and that the fifth judge;
to-wit, Judge Adams, had not yet officially concurred in either opinion
and that the result of the case would rest with Judge Adams as he might
concur with one or the other of these opinions. J. S. Clarkson and Mr.
John Runnells, just prior to the meeting of the state convention, asked
for a private interview with Judge Adams, which was accorded them. Just
what was said or done in that interview and what subjects were
discussed between these gentlemen and Judge Adams I do not know. It is
possible they talked about the weather and that the question of the
renomination of Judge Adams, and his views and opinions or inclinations
with reference to the distillery, may not have been mentioned between
them. Very considerable opposition to Judge Adams's renomination had
developed throughout the state, principally upon the ground of his
alleged favoritism to the railroad interests, and his renomination was
in great doubt; indeed, when the convention met Judge Adams failed to
get the nomination, and his friends, Clarkson and Runnells, only
succeeded in controlling thirteen votes in his favor in the Polk county
delegation. After the convention and the defeat of Judge Adams, Mr.
Clarkson wrote a very mournful howl over Judge Adams's defeat,
exceedingly regretting the result. Still there was no opinion filed in
the distillery case until the night of the 10th day of September
following, when Judge Adams's name appears as concurring in the opinion
written by Judge Beck. These two opinions are very remarkable. The
opinion written by Judge Beck and concurred in by Rothrock and Adams
assumes the extraordinary position that inasmuch as the law in
expressed terms permitted the manufacture of alcohol within the state
for medicinal, mechanical, and sacramental purposes, and did not in
terms provide for the manufacture within the state for export,
therefore it was prohibited by the law.
Public-domain text, read in full here on John Shaqi.
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