Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-23
|1B[ COURT 70 DECIDE
The Amendment Middle Will Be
Given to Court to straighten
Out
a Test Case Will Be Submitted to
the supreme Court in
January.
Herriott Issues Statement That BE
Will Resign-O Other officers to
Follow Example.

Il
Des Moines, Nov. 2ss-1t is practically
settled now that the validity Of the pl-
ennial election constitutional amend
ment and the effect of its adoption on
the terms of Office of those oftlclals
whose terms were supposed to end or
IAN. can not be tested and determined
before that date, nor can 1t pc SUD
mitted to the supreme court before that
body convenes on Jan. 10, nor Will 1he
question involved be decided by that
body until it sees fit. In all probability
this may be at the latter end OF Janu-
ary. it may not be until the term ad-
iourns the latter part of February, ana
II NAV not be until the April session OF
the court.
1t is also settled that the attorney
general will not appear in frlendiy |
jcontest with his successor. e. w. Mul-
llan, to test the matter.
It is also settled that the governor
will not and can not be enjoined from
lissuing certificates OF election to those
state officials found by the canvassing
board to have been elected on Nov. s.
| It is also settled that the county
lboards Of canvassers can not be en-
4 Joined from issuing certificates OF cleo
| ton to the township and county offi-
4 cials who appear to have been elected
on Nov. 8.
1t is also sattled that the legislature
4 can not meet in special session ana
4 amend the law to which the amend
|ment relates, in so far as such amend
Il ment would defeat the language ana
purpose of the amendemnt.
4 AS stated heretofore, it is determined
that none Of the state officers whose
i terms are extended a year by the terms
I, of the amendment, If that amendment is
!, valid at all, will claim the advantage
conferred by the amendment. Attorney
4 General Remley has reiterated his de-
, termination repeatedly, Treasurer OF
state Herrfott authorized a statement
8l3to this effect on Thursday, and Secre-
tary of State Dobson has also author
ized the announcement that he will not
:, attempt to claim the additional year
a guaranteed to him by the amendment.
: Mr.. Herrlott's statement is as follows:
: "Since the Titus amendment to the
. constitution has been under discussion
: various statements alleged or purport-
ling to come from me have appeared in
the press which have created an impress
. sion that intend taking advantage OF
"a the complication as to officialsterms re-
sulting from the amendment. They
Ihave been without any warrant what
ever. That there may be no misunder-
;, standing as to my course, desire II
: aI5defnitely stated that [ expect on Jan
Ia, 1901. to give up my Office OF treas
i urer Of state and to turn over TO the
: treasurer-elect all of the states funds
= HHyfb hot
:. the effect of the amendment upon off,
= cial terms has not been decided by ths
supreme court shall, as a protector
to myself and bondsmen, formally re
v sign my office. as / can not in view o
l. the grave doubt generally entertained
lie respecting the effect of the amendment
T. step out in the ordinary way. Further
erl If in the meantime the supreme cour
~ should determine that the amendmen
at extends my term of Office, I nevertheless
l. expect to resign in favor OF the treas
13 urer-elect. The people in good fait
en- elected Mr.. Gilbertson to succeed m
al and the present incumbent has no pur
at pose or desire to utilize a technical righ
is Ito thwart their will"
ne Thus the atmosphere is cleared III
There has been an abundance of specu
r's lation about what would happen an
he Ihow the controversy would be settled
er Every attorney had a new schem
he Things have begun to crystalize, how
ever, and while heroic effort was mao
80 to devise method for immediate Sc
tlenent of the controversy, none hs
TO stood the test, and evidently things wi
u have to take their course. to the infini
y. discomfort of thousand officials.
ia Attorney General Remley returned 4
A1. ~ 1,s
an about the only real solution of the tro,
OF BILE that has been suggested. He h;
he letters written by the present count
de attorney of Poweshiek county and Il
as gentleman elected on Nov. to succes
ad him, in which it is agreed between the
I'D two to make up friendly test case. Il
y incumbent not intending to retain h
sh- office even if the courts hold that he
entitled to it.
"of course, said Mr.. Remley. g
cause of action exists until after q
rai end OF the incumbents term. 1t is n
are until January that he attempts
w hold an Office which the contestant co
g. tends does not belong to the incumbel
ls ~ However, it has been agreed in tt
- case to proceed with the matter il
mediately and only wait for the judg'
decision OF the case until after Jan
Re- ary Z. This, think. can be done.
rec the court is willing and in such q me
ms ter he will be. the case can be fu
ON presented to the court prior to the de
at which the cause of action really Q
tains, so that the whole matter may
100 placed before him and he can have
M, decision ready to announce on Janua
,st Z. The friendly contestants can go
,,,' far as to have the record entirely pril
ed and everything ready to bring
appeal from the district court direc
to the supreme court on January s. I
Vil- matter can be presented the nome
lere the court convenes January Is. A n
re- ton can be made to advance the ca
ak. The court may decide this instantly.
January 16 the case can be submit
to the supreme justices. Then we, ,hs
lept only to await the judgment OF 4
iass ~ body. ss
thls IT take for granted, without p
sumption, that the supreme court !,
give the case instant consideration {
ZEN. decide 1t as soon as possible. OF Gov
We may not get the decision Tor g