Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1900-11-22
STARTLING ERROR FOUND
Titus Amendment Extends Terms
of Wrong Officers.


Des Moines, Nov. 14.-A literal con.
struction of the language of the BIZ
ennial election amendment to the
constitution of Iowa which seems to
have been adopted by the people at
the election November 6, will con-
tinue in office for another year every
official whose successor was elected
at that election. 1t will affect about
1000 township, county and state Off
Gals. 1t will at least cut off one-half
of the tenure of office of all these
1000, for they cannot take their seats
until 1902, if then. And these are bus
a few of the amazing results of an
astounding defect in the amendment.
According to it's language Secretary
of State Dobson, Treasurer of State
Herriott and Attorney General Rem
ley are entitled to another year tent
ure of office; and it is doubtful IL Sec
rotary of State-Elect Martin, Treas
urer of State-Elect Gilbertson and
Attorney General- Elect Mullan will be,
entitled to their Offices without an
other election. And this statement
applies not only to the three sta ta
officers mentioned, but to the 1000
township and county officials whose
successors the people voted for at the
recent election.
The biennial election amendment
provides as follows:
"The terms of Office of the judges
of the supreme court which would
otherwise expire in odd numbered
years and all other elective state.
county and township officers whose
terms of Office would otherwise ex-
pire in the year 1901. and members
of the general assembly whose sue
cessors would otherwise be chosen
in the year 1908, are hereby
extended one year and until their
successors are elected and qualified"
This means that all state, county
and township officers whose term ex-
pire in 1901 hall serve for an addi-
tional year. Every officer, almost,
for whose successor the people voted
at the recent election, goes out of
office the first Monday in January
and his successor goes in on that
day, under the law as it stands. The
first Monday in January of the COM
ing year is January 7. Therefore.
every officer now incumbent, will, un-
der the biennial election amendment,
remain in Office for another year,
while the men who were elected on
November 6 to succeed them, must
wait for year before taking their
Offices.
Returns from eighty-five counties
on the constitutional convention
question give total OF 150,150 in
favor of the convention and 146,760
against. Returns from eighty-eight
counties on the Titus amendment for
biennial elections give total of
161.760 in favor of it and 134,7i7
against. This indicates that the last
proposition has carried by considera-
bile majority and that the convention
will be carried by n small margin.
Des Moines. Nov. 15.-Attorney
General Remley has issued lengthy
opinion an the effect of the Titus
biennial elections amendment, hold
ing, in brief. that the manifest in-
tention of the legislature must gov,
ern and that the terms of office of
those officers elected in 1898 are not
in any manner affected by the consti,
tutional amendment. Furthermore
he holds that it is the terms of office
of all those officers who were elected
at the general election in November
1899, that are extended for one year.
On both legal and ethical grounds
Attorney General Remley maintains
the officers whose terms expire the
first Monday in January, 1901, must
step down and out at this time. He
characterizes it as morally wrong for
any man who has filed the full term
of his office to attempt to defeat the
will of the people, merely by force
of what is at best a technical error.
Attorney General Remley's opinion
is addressed to j. j. Crossley of Win.
terset, Madison county, where the
question was first formally raised as
to an error in the amendment.