Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-21

Prevent Officers. Elect Tax.
ing Ofhce.
The Case Hinges Entirely on the
Titus Amendment Senator
Trewin's Remedy.
Special to Times epublican.
Sioux City. Nov. 21.-The incumbent
county officers Of Sioux county have
furnished very substantial evidence that
the Titus amendment tangle is not to
be unsnarled without trouble. Contest
papers We're filed today with the clerk
Of the district court at Orange City by
r. d. Van Oosterhaut, democratic coun-
ty attorney: Harry Melrose, republican
county clerk; and B. F. Jones. repub-
lican county recorder. These men pro-
pose to hold their Office against the
claims OF the attorney elect. A. Tepas-
ka, Clerk-elect Brewer and Recorder
elect Jongewaard, on the ground that
the amendment must be accepted just
as it reads. AS a test case this case will
be watched with intense interest thru
out the state. c. a. Irwin, Of Sioux
City, has been retained by the contest
atns, and G. 7. Hatley, Of Orange City.
will assist him in the case. The hearing
will be before a contest court. as pro-
lvided by the general statutes.
Trewtn's isemcdy.
| Special to Times Republican.
Cedar Rapids, Nov. 2l.-Hon. j. H.
Trewin. Of Lansing. a member Of the
state senate, and who is soon to move
to Cedar Rapids, was here yesterday
and in conversation with reporter for
the Republican stated that he believed
that il the Titus amendment was car
ried to the courts that they would con-
strue 1t literally and in accordance with
the intent OF the legislature. He says,
| however, that the legislature can cure
| the defect very easily and believes that
T 1T would gladly assemble without cost to
the state and take the action necessary
to remedy the defect in the amendment.
iAmong other things he said:
The plain intent of the constitutional
amendment may be gathered from the
lsreading of it, !. e.. that the officers whose
successors would be elected in 1901 are
Ito have their terms extended by the
amendment for one year, which would
be until after the general election in
1902. Their terms commence in Janua-
~. 1900, and are to expire in January,
1903.
The amendment contains inconsist-
ent provisions. The committee un-
doubtedly assumed that all terms OF
office expired on December 81 Its a
well settled rule of constitution that
where a constitution contains incon-
I8sistent or ambiguous provisions the
courts will give effect to the intent and
1 the reasonable and liberal construction
Will prevail Constitutions are not.in-
terpreted on technical or narrow lines
1T seems to me that all of this agi-
tation is unnecessary, as no officer has
to my knowledge, evincedl an intention
to take advantage of the error and hold
over. I do not believe that any one vii
defy public sentiment in this manner
/. But II any considerable number should
the legislature could be convened in
extra session and amend section 1866
of the code and provide that the terms
of Office shall terminate on December
81. The Legislature has full power to
shorten the term or abolish any Office
created by 1t. even after the election OF
the incumbent. This was done when the
circuit court was abolished.
The legislature can not change the
terms of officers provided for in the
constitution, however, which are gov
ernor, lieutenant governor, secretary oil
state, auditor, treasurer attorney gen.
eral, county attorneys and, members OF
j the general a ssembly. The courts vii
not acct supreme judge and represen;
/ tatives because their terms of Office
icommence on January and therefore
1 expire on December 81. The terms OF
/ governor and lieutenant governor com
mence on the second Monday of Janu
/ ary after the election and continue twc
| years. The constitution is silent as II
4 the time Of commence of the terms
i of secretary, auditor. treasurer, attor-
ney general and county attorneys. bu
| says their terms shall be two years ant
until their successors are elected ant
4 qualified. Their terms commenced I'm
Ger. section 1860 of the code on the frs
Monday of January, 1899, so they would
not expire until the first Monday il
January, 1901.
Even IL the amendment were to be
construed as extending the terms ex-
piring on the first Monday in Janua ry
1901, the legislature could cure the errol
except as to these state officers ant
county attorneys
Suicide at shannon city.