Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-24

odd numbered years, and all other
elective state, county and township Off
GERS whose terms OF Office would other
wise expire in the year one thousand
nine hundred and one and members of
the general assembly whose SUCCESSORS
would otherwise be chosen at the gem
eral election in the year one thousand
nine hundred and one, are hereby ex-
4 tended one year and until their success
Ssors are elected and qualified. The
/ terms of office of senator's whose sue
cessors would otherwise be chosen in
the year one thousand nine hundred
and three are hereby extended one year
and until their successors, are elected
and qualified. The general assembly
\ shall make such changes in ithe law
4 governing the time of election and
terms of office of all other elective off
GERS as shall be necessary to make the
4 time of their election and terms of Office
conform to this amendment. and shall
provide which of the judges of the SUI
4 preme court shall serve as chief jus
tice. The general assembly shall meet
Lin regular session on the second Mon
/ day in January, one thousand nine hun
dred and three, and biennially there at
4 ter.
4 1T seems to be an axiom in law that
4 a court can not go out side the law
itaslf for evidence as to intent in con-
1 STRUNG the terms of the law but must
rule upon the intent as shown by the
1 context of the document. Attorney Cen
.eral Remley and Governor Shaw are
linciined to think that the intent of the
llaw is plain from its context and Will
/ be so construed by the courts. To a lay
imam this would seem the sensible view.
TO take. In the first few lines the pur-
pose of the amendment. is disclosed, to
put oft the next general election two
years till November, 1902, and to hold
lse.ecticns biennialy thereafter. This
would leave no provision for the cleo
ltion of the officers who would otherwise
| be elected next fall, one year hence so
/ the amendment proceeds to extend one
! year the terms of office of Judges of
/ the supreme court which would other
Ian other elective state, county and
/ township officers whose terms OF office
! would be elected next fall, but with all
| and members of the general assembly
whoaa successors would otherwise be
chosen at the general election in the
year 1901 In the cases of the Judges
1.-The language is correct to carry out the
intent and purpose of the amendment
| because their terms expire on December
l31st Likewise with I he members of the
general assembly whose successors
would be electer nesrt fall, but With ali
l.othsr elective, officers whose terms
ls..wou,d otherwise expire in 1901" confu-
sion ARISES since the terms of many of
lficers whose Successors have been
! chosen this fall expire the first Monday
In January which is in the year 1901.
These officers We're manifestly not In
tended to be included, for the plain spur-
pose of the amendment IS thereby per-
verted and the other offices terms Of
! the incumbents of which expire a year
hence, are left vacant with no provision
isIDTsa eie-tlllS tllelI3 SUCCESSORS. Again IS
4 the intent and purpose of theslaw stated
4 in the succeeding safety clause giving
the legislature authority TO make such
Ichanges in the law governing the terms
of office of all other elective officers as
shall be necessary to make the time of
their election and terms of office CON
fory,, t,;s, . ~, q ~ ~, .,, n, a.; 5,,,,f1
that the supreme court will not allow
Ia slight technical error to destroy the
main purpose of the amendment
However many able awyera hold that
a court can not constrtle the plain
Figures 100" in the Law to mean 1902.
az one attorney expressed it such would
! be substitution" not construction =
land ii is possible that the error may
rule. In that event the problem as to
the Offices, terms of which expire in
January next. would be greatly simpli-
4 fled by the voluntary action of the off,
GERS in resigning, which. under pressure
of public opinion, would be observed
generally in all counties The greatest
muddle would occur one year from now
4 when the terms of the other half of our
iscounty and township officers would eX-
pire and there would be no election to
4 select their successors, Lilsewise, the
i terms of those who this year take adj
4 vantage of the technicality and hold on
i to their job for a year would expire with
gIno election to select their SUCCESSORS The
.lquestion would then arise whether the
i office should be filled by appointment or
4 whether the incumbent SHOULD hold over
until his successor is elected and quail
i fed and If by appointment who shall
appoint, since nearly all officers will be
4 in the same boat. The whole affair is
slslamentable in the extreme and ii seems
i inexcusable that such an array of legal
4 talent az passed on the law while be-
fore the legislature should let such an
1 egregious error slip thru.
IOWA PRESS eoMmEN1.
THE way TO build up the home mar
lket is to patronize the home market, I,