Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-30

4 / 4 . 4 =
cause the populists to throw up their
present holdings
The COMMON SENSE VIEW.
Editor Times-Republican: Discussion
of the Titus amendment wakes hot
Such good lawyers have Interpreted it
that it is almost presumption on my
part togdissent. Judge Cole is a strict
censtrnetionist' and insists that the SUI
1 p,eine court( can not substitute
/ nineteen hundred and two for
nineteen hundred and one Sem
ator Trewin's scheme OF legislating
present incumbents out of office
lis a heroic remedy" but II will
I hardly do. The legislature might abol-
ish the office and by indirection end
/ the incumbency, but I fear it is power
less to say that man shall not serve
/ the full term for which he was elected.
The discussion has been too much
along the line of legal quibbling. Let,
rus apply this rules of common sense
| and see what we get
WHAT WAS INTENDED BY THE
TITUS AMENDMENT?
There is not a voter in Iowa who
voted on the question who did not know
What was Intended If the common
people understood 1t IT seems like UNI
isderestimating the Intelligence of the
supreme court to suppose they can not
understand 1t.
The Titus amendment intended to
provide for the election of all state.
county and township officers. except
senators, biennia!ly instead of annual
| ly. 1t provides that in 1902 a full Set of
officers shall he elected and necessarily
ii follows that the offices that would
be vacant because of the failure 10
hold an election in 1901 mus, be filled
/ The whole purpose of the amen dment
is disclosed in the first complete SEN
tenee. Al tina follows is merely eX
psanatory. In fact i the rule holds
good that all officers shall continue in
| office until their successors are elected
and qualified, and it is expressly 50
[ provided as to governor. lieutenant
| governor judges and representatives.
then all that part of the amendment.
| following the word representative"
I in the eleventh line. down TO the words
l@the general. = In the twentieth lire are
isuperfous and might nave been omit
fted. Had it been omitted the effect
Would nave been just the same and If
This view Is correct then the supreme
court will make short work Of the
proposition 10 extend the terms OF those
now in office
Its equally clear that the author of
! the amendment, when he wrote stfe am
iabiguous wort.s, had in mind the election
I ana not the particular day the duties
Terminated; the year$in whicflneW oil a
iacers otherwise lbut for this atnenG-
rlen) would have been elected. was to
Thin the expiration Of the officers term
bin office.
That we We're to go from annual 70
biennial elections. and that the officers
I5elsctea In 1899 lige0). We're 10 hold over
l5nntil their successors, TO be elected IN
1902, qualified, is just about as plain as.
1.-THE nose on a mans face.
There is absolutely no reason for ex-
tending the term one year Of the ofiicer
hose term expires on the first Monday
! i'm January. 1901. He was elected in
| 1888 {1Ssa). He will have served his full
/ term In 1900 t1901). and his successor
has already been elected. What aid We
! elect officers for on November s il not
TO serve until the next election In 1862
IS(lao3)o II his term is extended one
year 1t will end the first Monday in
January, 1902 and as there is to be no
election in 1901 there will be vacancies
| in 1902. This reduces the argument TO
an absurdity.
4 rs INTERPRETATION SUBSTITu
TON?
\ 10 Say that such a construction q 9 Cen
\ Renlley contends for Is not interpreta-
tion, but substitution, is atraining at q
ignat. Suppose the words eight hun
/ dred and one had been used. you'd
these learned gentlemen then have in
sisted on literal construction? The
Io,ly questions the supreme court has to
determine are. what change was intend
/ ed by the Titus amendment? and what
officers must hold over in order to fill
Iout the interim? l think the supreme
court sill have no difficulty in determine
ling this without substitution
4 WHEN. DOES THE OFFICIAL TERM
4 END?
i Mr.. Byers may be right when he says
4 that all officers except governor and
lieutenant governor are elected for the
two full astronomical years following
4 the election. Indeed II Is hard to es-
4 cape from the conclusion. j hardly think
i his use Of the word astronomical" is
correct, but / know what he means. He
means the civil or legal year, from jan
uary let to January Let. There is a
seeming conflict in the code. Section
1912 says: There shall be elected in
each county = and each Of said Off
4 GERS shall hold his Office for the term OF
1.-TWO years" Section 1860 says: The
term Of office OF all officers chosen at q
4 general election shall commence on the
4 first Monday of January thereafter
But the first Monday in January may
a fall on any day from the 1st to the 7th
A In 1899 it fell on the I'd, In 1900 on tbs
j LIST, and in 1901 1t will fall on the It'll
The man whose term commenced or
( Jan. I'd, 1899, holds one year and Ave
4 days, while section 1912 says he srt1al
hold his Office for the term OF two
years. May not the proper construc-
ton Of section 1850 be that he shall MOI
ienter upon his duties until the firs
/. Monday in January, because until Their
a the board Of supervisors can not ap.
q prove his bond. Section lit gives colo,
TO this view. They shall quality : - & 1
u witch qualification mall % perfected