Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1900-11-28
.1OWA'S LAW TANGLE.
ELECTION LAW AMENDMENT
MAKES TROUBLE.
Issue Is Whether the Letter or the
Spirit of Loosely Drawn Enact
ment Shall Govern Thousands of
Officers Affected by 1t.

Great interest prevails all over the
State regarding the error that has been
discovered in the Decentralization law
which was passed at the last session Of
the Legislature and carried at the recent
election. 1t will affect about 1900 State,
county and township officers, and will
no doubt result in many lawsuits.
As it now reads. if it is interpreted lit
orally, Secretary of State Dobson, Treas
urer Of State Herriott and Attorney Gen
eral Remley are entitled to another year
of office; and it is doubtful il Secretary
of State-elect Martin, Treasurer of State
elect Gilbertson and Attorney General
elect Mullan will be entitled to their Of
fees without another election. This
statement applies not only to the three
State officers mentioned, but to 1900
township and county officials. This is
in direct opposition to the spirit of the
law, which was not intended to affect
the officers whose terms expire the first
of next year, but those whose terms ex-
pire in January, 1902. The amendment,
however, as carried, reads as follows:
The terms of Office of the judges of
the Supreme Court which would other.
wise expire in odd-numbered years and
all other elective State, county and town
ship officers whose terms of office would
otherwise expire iu the year 1901, and
members Of the General Assembly whose
successors would otherwise be chosen in
the year 1908, are hereby extended one
year, and until their successors are elect.
ed and qualified"
How Mistake Was Made.
L Tho way in which, In ,,,;ptotn .
made was on account of the Supreme
judges whose terms expire Dec. 10. The
terms of the other State officers, however
do not expire until the first Monday in
January. Thus all of them are contin.
ued In Office for one year. 1t was not
intended that the officers whose success.
sors were elected this fall should be con.
tinued, but those whose terms expire first
Monday in January, 1902, including Gov
Shaw, Lieut.. Gov. Milliman, State Sup.
erintendent Barrett, Railroad Commits.
sloner Mowry and county and township
officers. The fact that the terms of these
officers do not expire in 1901, but in 1902
was what was overlooked and what has
caused the trouble. A peculiar fact in
this connection is that the law as frs,
Introduced by Senator Titus was correct
in every particular and provided that the
terms of officers whose successors would
otherwise be elected in 1901 should be
extended one year. In committees, how.
/ ever, it was amended. and finally wa,
| left as it now reads,
Attorney Gener.,,. on.,;or
Attorney Genorol Ran,iav hos hond.d
down nm onin;on in which ba odvnna,aS
| that the law should ba onstrued occord,
ing to its spirit rather than its letter
He is Of oninion that since # was inland ui
ed TO extend the time Of the ofticers who's.
| terms exn;re the FIRST Monday in lam
ary. 1902. instead of the terms q, those
who % ont tho frst Nonday in lam
ary. 1901 he would simplv erase tho t;g
IRE 81" from tho omcndmeht md writ.
| in tho f;pure so >, -
Coy Shaw lie understood 10 no ~ n.
same onini,n MS Mr. Ramlav II ;s mo a.
| tically snre that ali Of tho State ofi,car,
will resign and hermit their snccassor,
to he apnointed nv the ,GnvernorN VII,
would appoint tho men elected this fail
Even If the STATE ot,,cers do res;an ,