Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-07-10
THINKS IT IS WRONG
E. e. McElroy Cites a Decision of
Supreme Court.
SAYS WOMEN HAVE A RIGHT TO VOTE

Supreme Court of Iowa Has Defined
what the Word .sElection, NJ cans
-Suggested That Attorneys
Hold a Meeting.
From Thursdays Daily.
Attorney E. E. McElroy is of the
opinion that Judge Eichelberger's rul-
ing in the library matter is not correct
and presents some substantial data in
support of his contention. Mr.. McEl-
roy was seen this morning by a Cou-
rier reporter and asked what he
thought of the matter generally. The
reporter did not ask him if he thought
the decision right but inquired as to-
the status of it at the present time.
Without losing any time Mr.. McElroy
got at the pith of the matter. Taking
the code he pointed out section one, ar
ticle two, of the constitution of the
state of Iowa, which says: "Ev-
cry male citizen shall
be entitled to vote at all
elections which are now or hereafter
may be authorized by law" He fol-
lowed this up by reading section six of
the same article which says: "All cleo
tons by the people shall be by ballot"
ssNow," said Mr.. McElroy, "the ques-
tion is what does that word election
mean in both those sections? Does it
mean an election of officers or does it
mean any question submitted to the
people? In one of the very cases
cited by Judge Eichelberger in his
opinion, the word election is plainly de-
fined by the supreme court that leaves
no doubt in my mind but what women
did have the right to vote on the ques-
ton of maintaining a public library"
Mr.. McElroy referred the reporter to a
case entitled Seamen VS.. Benedict ct al,
80 Iowa, page ZIG, which is one of the
cases cited by Judge Eichelberger in
his opinion, extracts on the opinion of
which the court embodied in his find
| ing but which did not include that part
which Mr.. McElroy thinks gets at the
pith of the matter.
In this case the plaintiff, a tax payer,
asked the court TO enjoin the defend
ant, a board of school directors, from
certifying a tax voted for the erection
of a school house on the ground that
the election had not been by ballot as
stated in article of the constitution.
1t was admitted that the vote had been
taken by simply holding up the hand
on yea and nay call In this case the
question arose and was, it seems, def
nitely settled as to whether or not the
vote was an election within the mean
ing of the term election" as used in
the constitution. The supreme court
disposes of the matter in the following
words:
"The word election in its broadcast
sense, signifies a choice; the act of
choosing; the act of selecting ale or
more from others; but in the sense in
which it is used in the constitution it
means choice of persons for public
offices, made by the people"
The court then proceeded to hold
that the term ELECTION as used in the
constitution did not include the voting
building of school house.
"At the library election" said Mr..
McElroy, "the women did not vote on
the question of choosing any public Of
fcer hence in my opinion they had a
right to vote. think that the legis-
lature has the power under the con-
stitution to give women the right to
vote on any question save and except-
| ing solely the election of officers"
The case brought by Messrs. Cornell
and Leech came before Judge Eichel-
berger on a demurrer filed by the city
solicitor. The ruling on the demurrer
is appealable but it is not thought that
the attention of the supreme court
could not be had this month for de-
cision in order that, if favorable rul-
ing were obtained, to levy tax in Au-
gust, as required by law, even if Mayor
Phillips were here to select another set
of trustees that would be confirmed
by the council.
The opinion of Attorney George f.
Heindel is given in another column on
the matter which differs radically
from that of Mr.. McElroy. Both gen
tlemen have had occasion to look the
matter up, the one where railroad
election was concerned and the other
in regard to the recent election as to
whether or not a tax should be levied
/ to erect high school building. If
Attorney Heindel is right, then the IL
brary matter is up to the council. If
Mr.. McElroy is right, then good plan
would be to submit the matter on a
hearing for permanent injunction to
Judge Sloan at the next term of the
district court, which convenes August
30. If he concurs in the opinion Of
Judge Eichelberger, then it may be
made permanent and the whole ques-
ton appealed to the supreme court.
If he takes the contrary view, then
matters may proceed if the other fell
lows do not find some way to obstruct
| its progress by laying legal obstacles
in the road.
j 1t has been suggested that the attor-
neys of Ottumwa in conjunction with
City Solicitor jacques hold meeting
this week and carefully go into the
i matter with view of further present.
ing the case. 1t is believed that ma