Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-07-20
OPPOSES TITUS VIEWS.
A sioux City Man Addresses til,
Journal Opposin. Titus View.

"A sioux City Man Addresses the
.IournniO Opposing Titus View.
Sioux City, July 2o.-The Journal has
received the following communication:
To the Editor: IL the pending consti-
stutional amendment be adopted can
there be a regular session ofSthe gem.
erai assembly in 1902?
Tire Journal OF this morning devotes
considerable space to the discussion of
the above question, and ] note that
Senator Hubbard is of the opinion that
a regular session will be due in 1902.
u am aware that that opinion obtained
quite generally With the members of
the general assembly at the session of
1898. when the amendment was first
taken view of it.
1t must be conceded that the time of
holding the regular sessions OF the gem
eral assembly is fixed by the constitu-
ton, that under its provisions il now
meets biennially in January Of the even
numbered years. following the election
of its members. 1t must also be con-
coded that when this proposed amend
ment is adopted 1t at once becomes the
supreme law as to all matters involved
in or affected by 1t. As one of the ex-
press provisions of the amendment Is
to change the time OF the meeting Of
1.-THE general assembly. it must, IL adopt
led, supersede all other provisions of the
lconstitution on that subject. This
lsamendment adopted, the cons titutional
provision now in force as to the time or
times of the meetings of the general
assembly must cease to be in effect.
Senator Hubbard in his Interview is
quoted as saying: IF there be a con
ltlict, the second must give way to har-
! monte with the first. 1 do not think
4 the senator is correctly quoted there,
for such is not the rule of construc-
tionof statutes and certainly cannot be
lin this case. the rule is that where two
flaws are in conflict and cannot be
ireconciled. the last must prevail, being
1.-THE last expression of the Legislative
will, and with much more reason would
la cons titutional amendment be so held,
/, being the last expires sion of the Will OF
4 the people.
Now this amendment provides that
The general assembly shall
lmest In regular session on the
Isecond Monday in January one
Thousand nine hundred anG
4 three. and biennially3 thereafter" The
present constitution provides for the
Ehelection OF members Of the general az
Esembly bienniaily in the odd-numbered
4 years. and that the regular session shall
be held in the January following sucn
ELECTION.
The amendment providesfor the bien-
lEnial election of members of the lestsla-
sE,ure, the first TO be in 1902 and az il
sFprovides for the meeting Of that body il
1.-the January following, it is clear thai
1.-THE purpose of it is to leave nothing OF
i the present constitution in force az ste
1.-THE time of the election of the member:
4 lof the general assembly, nor the time o.
Its regular meetings. Thelold will be Sc,
4 aside, and the new will be the control
i ling rule, so If the amendment be adopt
q ed it will be the only law in existenc,
4 fixing the time of the regular sessions Q
q the legislature, and as ii specifically fix
4 es the date of the first meeting. oni.
& special sessions can be held before tina
date. ]. S. LOTHROP.