Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-11-15


tions heretofore held in the odd num-
bered years. In order to have
all officers elected in the same year it
became necessary to extend the term
of office of those who were elected
in the odd numbered years one year.
This intent is, to my mind, plainly IN"
dicated. Nor do think there will be
any disagreement among the courts,
lawyers and laymen that such was the
intent of the two general assemblies
by which the proposed amendment
was submitted to the electors who
ldoped it.
Shall Peoples Will Be Thwarted?
''The question presented is this:
Shall the misuse of word or few
words, or the insertion by mistake OF
one word for another defeat the plain
intent and meaning of the amend
ment? Shall the literal meaning OF
word or clause be adopted which
thwarts the will of the people as ex-
pressed in the amendment taken as q
whole? Are the courts powerless to
carry out the plain intention of the
amendment because of a mistake in
one word, or the unfortunate use of a
clause? Reason, justice and broad
sense say unat each of these questions
must be answered in the negative. 1t
would be a sad commentary upon the
law and the courts to say that they
holdato the contrary.
| "Btt the law does not so hold. The
courts are not powerless to give eff
feet to the intention of the amend
ment. There is no difference in the
construction or Interpretation of a
constitutional provision and a statute.
Botn are interpreted by the same rules
! of construction. z ne constitution, be-
ing the fundamental law, is by the
courts presumed to have been prepar-
ed with more care and deliberation
than an ordinary statute. But the
same rules are applied in constituting
a constitution as are applied in con-
STRUNG statute.
:. Brings IT Home.
After citing the decision of courts
in support of his contention. the at
torney general says:
Now apply them to the question in
hand. The terms of Office of all Off
GERS, with the exception of those nam
ed above, commence on the first Mon
: day in January. The first Monday in
January may be the first day in Janu-
ary, or any day between that and the
7th of January. The terms extend
thru two years and it is sufficiently
accurate to say that they extend thru
the calendar year. For instance, my
, last term extends thru the years 1898
and 1900. 1t is generally understood
by the great mass of people that the
terms expire with the last year of the
term. / presume have said, and
thought was speaking sufficiently ac
curately that my term of Office expires
: this year, that is, with 1900. This is
the last year of my term; never in my
> own mind have taken into account
/ the few days that may intervene be
tween the 31th day of December an6
: the 1st day of January following
Such is the general understanding. Tt
!, all intents and purposes, the terms o.
: all officers, state, county and township
elected in 1898, terminate or expire
: with the year 1900.
/ Courts May Correct Mistakes.
"The question then arises: Have
the courts, in constituting statute
power to correct palpable mistaken
:, which are shown to be such by the
. entire context OF the statute, or thu
= constitutional provision? The answer
= to this question must be in the affirm
:, ative.
9 The Moral Aspects.
e Besides the legal questions involv
ed, there is another one: question o
/ ethics. 1t strikes me as moral.
: wrong for any man who has filled tn,
+ full term of the office to which he wa
q elected, because of what is, at best
{ technical error. to attempt to defea
e the will of the people who have elect
I ed his successor, and to deprive tn
9 successor thus elected of his right t,
G Office. No man whose mental an,
!. moral faculties are in normal condi
tion can afford to give such sugges
y tion one moments consideration. An
l. one attempting to hold on to the Office
q | am firmly satisfied, will not only b
I defeated in the court, but draw upol
k himself the. deserved condemnation O
It all fair-minded people
l. Yours very truly,