The Oskaloosa herald., 1900-11-22

wrong man should assume to act, the
indictment would probably be void.
The rights of many persons would be
affect "a and the administration of
the criminal statutes Of the state very
greatly complicated.
1t is therefore important to the gen.
eral public, as well as to the officials
elected, and now in office that their
legal rights should be adjudicated be-
fore the first Monday in January,
1901, If it can be lawfully done. Quo
warranto proceedings against per-
son wrongfully holding Office is the
usual method employed.
Under Section 1920 oflthe Code it
is provided that:
"When several persons claim to be
entitled to the same Office or fran
chise a petition may be filed against
all or any parties thereof, in order to
/ try their respective rights thereto"
Quo warranto proceedings under
the Iowa Code are not limitedsto the
trial ofthe question of Illegal intrusion
or illegal retention of an office, but
under this section the "claim ofititle"
may be adjudicated also.
The case can be submitted upon an
agreed statement of facts under Sec
ton 4377-43S4 of the Code. ...
There is nothing in the law in re-
gard to submitting questions without
formal action on an agreed statement
of facts, which would prevent the
trial of a quo warranto controversy
in the same way.
When the vote on the amendment
is canvassed and returned the ques-
ton at once arises. Two sets OF Of
| ficials claim title to the same offices
and see no reason why the claims
cannot be adiudicated under Section
1920 of the Code.
When the District Court decides the
question an appeal may at once be
taken, appearance entered in the Su-
preme Court and time waived by the
parties.
The Supreme Court would advance
the cause on the calendar and make
an order allowing briefs to be filed
by all persons interested in the ques-
ton. A decision could thus be made
in time for the officers to know their
rights before the beginning of the
term. To wait until January 7th,
before commencing proceedings,
would involve official chaos for
| time.
AS to the merits of the question, it
seems to me that it is quite reason
able to hold that by the words"whose
4 term OF Office would otherwise expire
| in the year 190l"is meant the official
year beginning the first Monday in
January, 1901 and ending the first
Monday in January, 1902; and when
the Amendment speaks Of the term
of office "expiring" in that year, it
has reference to the whole official
year, as a portion of the term of
Office expires every day. And the
fact that the last few days of the
term expire in 1902, would not effect
the meaning of the amendment when
it refers to the year 1901. 1t is not
Estrictly calendar year that is invol,
we'd, but the official year which would
be popularity referred to as the year
1901.
II this view should be taken by the
, courts there would be no difficulty in
the case. The public are more con
, cerned in a prompt decision of the
question than in any other feature ot
, the matter.
, 1t seems to me that two county ol
: state officers would readily sign anG
submit the necessary agreed state
ment to the courts at the earliest
practicable date, as it is to theil
: mutual interest to know their right
= and liabilities. The State Board o
2 Canvassers will announce the resul
T before the first of December, whicl
r would give time for a careful pre-
= sentation of the question and fina
b decision before the first Monday il
;. January"
v The general rule in proceedings II
9 the nature of quo GOaIr1nto is tina
s suit cannot be brought unless it
9 claimed that some one is unlawful
t exercising the duties of the office. l
h Iowa the purpose and scope of th
y action has been enlarged to includ
b "claims to hold an Office" and tn
g statute should be literally construe
d to carry out its manifest purposes b
- allowing claims to be. litigated an
% adjudicated in advance of any actui
e ccnfiict of the possessory rights {
1t the claimants.
b This section of the statute is a
10 innovation upon the ordinary pre-
& ceedings qito nara to and the pu
rs pose of allowing claims to an offiC
to be litigated can be best served !
permitting such claims to be adjuste
before any injury has ensued to IL
D- general public, and therefore
seems clear to me that the cour
uiu raoouniza the RIGHT m have III