Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-14
Attorney General Eemley Says the
Amendment Should Be Construed
According to Intent.


to extend the term of these officers. who
are elected in even numbered years and
who qualify in January of the odd nuns
bered Years following, but to extend the
terms of the governor, lieutenant gov-I
ernor, the superintendent of public IN
struction and all other officers Who We're
elected in November of last year and
took their seats in January. 1900. Their |
terms will end in January, 1902 Without
an extension of terms, this leaves hia-
tus of one year, since the successors of
these officers. elected under the amend
ment, would take their seats in Janua-
", 1903. The legislature undoubtedly
apurposed TO extend the terms of Gov
renor Shaw, Lieutenant Governor N1illi-
man, Superintendent r.. c. Barrett and
of those county and township officers
who We're elected in November. 1899. BY
the wording of the amendment II failed
to do so. and unconsciously heightened
out the terms of another set of officers
entirely.
The effects of this mistake threaten to
be of startling scope. Governor Shaw.
Lieutenant Governor Milliman, Superin-
tendent Barrett and all other state and
county officers, not specifically provided
flee for a year. simply as hold-overs.s On
the other hand, if the intent of the law
is not followed. the officers elected at
the election Nov. 6may be held out of
office until January. 1902.
One of the peculiar features of the
evident mistake is that ii should have
been allowed to pass uncorrected by the
judiciary committees of both house and
~ 1,l y
in the general assembly.
The Titus amendment, to be added a
section 1s to article II of the constitu-
ton. follows:
Section 16. The first general election
after the adoption of this amendment
shall be held on the Tuesday next after
the first Monday in November in the
year one thousand nine hundred and
two. and general elections shall be held
biennially thereafter. In the year one
Thousand nine hundred and two there
Shall be elected a governor, lieutenant
governor. secretary of state, auditor of
state. treasurer of state. attorney gem
eral. two judges of the supreme court,
the successors of the judges of the dis
trict court whose terms of office expire
December thirty-one. one thousand nine
hundred and two, state senators who
would otherwise be chosen in the year
one thousand nine hundred and one and
tmembers of the house of representa-
tives. The terms of office Of the judges
of the supreme court which would 9TH
3erwise expire In odd numbered years,
tand all other elective state county and
township officers whose terms of Office
would otherwise expire in the year one
thousand nine hundred and one. and
J, members of the general assembly whose.
Successors would otherwise be chosen at
1.-THE general election in the year one
Thousand nine hundred and one, are
hereby extended one year and until
their successors are elected and quail
fled. The general assembly shall make
/ such changes in the law governing the
Il Time of elction and terms of office of all
other elective officers as shall be neces-
sary to make the time of their election
conform to this amendment and shall
4 provide which of the judges of the SUI
/ preme5 court shall serve as chief justice.
4 The general assembly shall meet in reg
i ular session on the second Monday IN
i January one thousand nine hundred
and three and biennially thereafter.
II The news caused fever of agitation
4 Silat was heightened not little in fses-
eral of the state offices by immediate
recognition of the fact that it might
q have an important bearing on the ten-
II ura of office of a number of employees.
y Whether any of the state officers aft
4 fectel uld5conclude TO stay in or not
for another year, the fact that they
II have a technical right TODD so will put
& them in a position, II they choose, to
1t dictate what shall be done IN the re-
& tention of their old employees. IN con-
sequence there was, a general scramble
4 for copies of the session laws. When il
was learned that the language of the
q amendment, studied closely, verified
4 the rumors patient research was begun
Il into files of the house and senate bills
q of last winter. Even the volume con-
tanning the enrolled bills was sburroWee
into in the thought some modificatio.
OF the original and the recorded meas
lure might be dug up. But nothing OF
I the kind happened and the verdict re-
"a NAMED that some one had Numbered.
3 Attorney General Remley ut appears
4 has recently received several queries
on the subject from county officers
Il who thought altho their supposed sue
cessors had been elected Novemb Der
Il they would still be entitled to remain
:. in Office another year. One query came
!. from the county recorder of Madison
county. Attorney General Remley a:
a result looked carefully into the mean.
!. ing of the amendment He was asked
yesterday what in his opinion the in
1 terpretation Of the amendment was. H,
said:
: "Unque.tionably there has been {
blunder in the framing Of the amend
!, ment. The amendment says the terms
Of all elective state, county and town
ship officers whose terms of offic,
would otherwise expire in 1901 are en-
tended one year and until their sue
oessors are elected and qualified. TIL
trouble seems to be that the Trainer
OF the amendment thought the terms o
the Offices in question expired Deem
Der 81. In the case of the governor
lieutenant governor and superintendent