Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-11-15
THE TITUS MIDDLE.
Opinions of Some OF Ottumwa's
Lawyers on the Amendment.

iSp1llOlS OI SOulo OIL OCGumWa g
Lawyers on the Amendment.
RESULT is REGARDED DIFFERENTLY.
The Completely Of Difficulty Pointed
Out in Many Directions.-The su-
preme Court May Have to Do Lit
tie Judicial Lesslating."
Great interest in legal and official
circles in this city is manifested in the
present mixed status of the Titus
amendment, which was adopted by the
voters of the state at the recent cleo.
ton. This amendment, as is we'll I'M
derstood provided for biennial cleo
lions instead of annual elections, and
as adopted by the last two general as.
semblies, attempted to provide for the
adjustment of the terms of officers in
the state and counties. 1t provided that
the next general election after the
adoption of the amendment should be
held In 1902, and general elections
should be held biennially thereafter.
At that time full set of state omcers
was to be elected as well as two judges
OF the supreme court, the successors
of the judges of the district court
whose terms of Office expire December
81, 1902, state senators whose success.
sors would otherwise be chosen in 1901
and members of the house of represen.
tatives. The amendment also stated:
The terms of office of the judges of
the supreme court which would other
wise expire in odd numbered years, and
Jail other elective state, county
and township officers whose
terms of office would other
wise expire in 1901, and members
of the general assembly whose success
sors would otherwise be chosen at the
general election in 1901, are hereby ex-
tended one year and until their sue
cessors are elected and qualified"
The amendment also provides that
the general assembly shall make such
changes in the law as shall conform to
the requirements of the amendment.
At the same time the amendment pro-
vides that the general assembly shall
meet on the second Monday in Janu.
airy, 1903.
Many doubts have arisen. It is in
ferred by some that the biennial ses.
sion of 1902 of the general assembly
shall be omitted in compliance with
the stipulation for the meeting in 1903.
This then involves the further compli-
cation that no legislation could be en-
acted for the regulation of the new sys.
TEN of Office holding until that time,
altho another provision OF the amend
ment says that all the state and coun.
ty officers whose terms do not expire
this year shall be continued in office
one year longer. Thus a badly mud.
died condition has arisen.
The interesting local phase of the
situation is whether the present coun-
tty officers will be continued in office,
Section 1850 of the Iowa code sass
that the term of office of officers chos.
en- at a general election for a full
term shall commence on the first Mon
| day of January next thereafter, ex-
cept when otherwise provided by the
constitution. 1t will be seen that this
brings the expiration of the term of
the present officers, not on Dec. 81,
1900, as was assumed by the trainers
of the Titus amendment, and so I'M
derstood by the people, but on the
first Monday of January, 1901, IN
which case it is contended the Titus
amendment says they shall be ex-
tended one year. This, how
ever, is just what was not intended
by the amendment. These are some
of the difficulties that are presented
for solution.
The Courier today secured
some opinions from lawyers
and others concerning the sit.
uation of the amendment and
the probable termination which are
now receiving the consideration of the
attorney general, and will probably
be submitted to the supreme court
for an opinion,
w. w. Epps.
Attorney w. w. Epps said: "The
question of passing on the intent Of
the legislature is well enough in cases
where the circumstances and condi
tions are not fully explained by the
law itself, SO that its meaning may
be interpreted; but here, where there
lis plain statute it simply shows that
the amendment was very carelessly
and bunglingly drawn. Perhaps they
INTENDED to catch the fellows
who would go out of office
1.-THE coming January. The mos
i speedy, satisfactory and safest way
would be for the supreme court OF the
state to set the amendment aside.
have an idea that when it is taken
to the supreme court that they will
! set it aside as unconstitutional and
impractical. 1t should be, because i
it is allowed to stand it will raise end
less questions of law, and every ac1
of the next general assembly will
without doubt be questioned. ANY
law that would be passed would be
taken to the supreme court before il
would be settled, and we will have
matters in very chaotic condition Sc
far as the status Of any new laws tina
may be enacted. The thing is wrong
the purport of the new amendment II
.r,,oa,, II ,,nholopcac tho whO1a ron