Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-24

that the term shail begin and end on the
nfSt Monday In January, then some Of
hcers would have more than two-year
term and others lee than q two-year
term. "a good illustration OF this point
IL found in the present situation. The
officers who were elected In 1898 began
their official terms on Monday, the sec
Eond day OF January and II their terms
are held not to expire until the first
Monday In January, 1901, then they have
had g term OF two years and six days.
There is but little doubt that the
courts will hold, In constituting these two
provisions the one fixing the term at
two years. and the other fixing the day
when the official term begins-ttat
person elected in 1898 Is elected for the
succeeding two astronomical or fiscal
years-1899 and 1900 that their terms
expire at midnight on Dec. 81. 1900; in
other words, that the term fixed by law
is for two years, but that the official
term, the time actually served by the
officer, may be q little more or little
less than two full years. Before the en-
actment Of section 1000. the term was
held to begin and end on election day,
and this, too, notwithstanding the fact
that the officer elected did not take his
Office for several weeks afterward.
This resulted in Inconvenience and great
confusion, and the legislature concluded
to fix certain time when the official
term should begin, or in other words,
when the transfer from the going-o out to
the coming-in officers should be made.
The first year OF this term began on the
first day Of January, but as the first day
OF January, at least once in seven years,
falls on Sunday, and as often on Mon
day and In the middle Of the week, In
order to avoid this confusion and incon-
ventence the first Monday in January
was determined upon as the most con-
venient day to make the transfer and
settlements. But 1t was not intended to
either lengthen or shorten the officers
tWo-year term. nor to extend it into
the third succeeding year.
It ts a well-settled rule Of law that
where there is doubt as to the length
of the term Of q public officer, inter-
pretation or construction will be put
upon the law which limits the term to
the shortest time. Applying that rule
70 this controversy the court would be
justified and would no doubt hold that
the terms of these officers expired at
midnight on the 3lst day Of December,
1900. His ruling would also be in har-
lmony with the decisions of sister states
upon substantially the same question.
In fixing the term of these public off,
GERS at two years, it was the evident in
tention and purpose Of the law-making
body to provide for consecutive terms
uniform in length. To hold that the
two-year term actually begins on the
first day of January succeeding the cleo
ton, and ends at midnight on the 3lst
4 day OF December of the succeeding sec
ond year would be in harmony with this
intent and purpose.
1T is claimed the legal questions in
Evolved In this controversy cannot be set
4 tied until the first Monday in January
4 This is mistake. in my, Judgment. Tn
4 der sections 4.319-4,32O OF the code. the
4 question can be taken into court at once
n Our supreme courts have SO held. The
4 case will be found reported in the S7tl,
a Iowa, on page $780,
Il Mr. .Byers was asked when the next
session Of the legislature would be held
4 regularly, in view Of the adoption Of ti,s
Il amendment.
That question was pretty thoroughly
! investigated last winter said he
]. There is no doubt whatever the mex,
a regular session of the legislature will be
J held in January, 1902. The old law a.
4 to sessions being required every twt
}, years will apply. It will not in m,
], |opinion be necessary to call an extrs
session that time. The assembly vii
convene in the regular course of thing.
i and the members will be entitled t.
]. compensation just as at any, regular
session Of the legislature. Under til,
!, amendment, of course, the legislature
4. will also meet in 1903, since with bien.
NAL elections coming in the even.
numbered years, it will be necessary Il
have the general assembly meet in odd.
numbered years.
The necessity Of extending the appro.
priations makes the holding Of a legis
tive session in 1902 or prior to tha
|. time, Imperative. This fact can be as
], certained on inquiry at the Office Of thu
! treasurer H state, as the appropriation.
now nov made for the most part will expir,
in April, 1902.