Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-14


officers. chosen at the election in Mo-
Gvenlber, 1902, cam qualify OF course
these officers would remain In ONCE as
fholdovers. Inasmuch as the terms OF
office of those whose terms expire in
1901 are extended for one year, strictly
speaking there is, if the amendment
carried, an extension OF the term of the
secretary OF state, the treasurer, audi
tor. the attorney general and all the
county and township officers whose
terms end the first Monday in January.
1901. The language Of the amendment
would extend the terms of officers for
year that the legislature did not intend
to, mistake arising evidently from the
fact that the date of the ending of
these terms of office was supposed to be
December 81 instead of the first Mon
day In January.
1t lie my belief that the law should
be construed in this case according to
the plain intent of the legislature. That
is, officers whose terms expire the first
Monday in January. 1901, should Lot be
considered as having their terms ex
tended one year. The law should be
construed as if their terms ended De-
cenber 81, 1900. In this case the letter
of the law cannot be followed, but the
spirit of it must govern.
Personally, even if felt it was
fright to do SO under the law, / should
not hold over for another year. would
resign my office at the expiration o my
present term, so as TO allow my sue
cessors to be appointed and to qualify
the first Monday in January. 1901. :
The feeling at the state house is that
none of the state officers would attempt
ito continue in Office for another year.
But 1t is believed this Will not be the
case in many of the counties and town
ships. There is little doubt that some
| of the county and township officers
whose terms would otherwise expire the
| first Monday in January, 1901. in case
1.-THE amendment is carried. as seems
1certain from returns thus far. will fol-
low the letter of the law, regardless of
! the opinion of the attorney general,
which Is being prepared In this case
litigation will be inevitable and it will
take a decision of the supreme court TO
4 determine the question. If the supreme
Icourt should decide the letter of the law
lshould govern, then 1t would follow the
1ofticers whose terms otherwise would
3eXpire in January, 1901, would hold un-
4 til January, 1902. There could be NO
4 Vacancies in state offices of this class
except by designations. In this event
the exercise of a large appontive power
might devolve upon the governor.
While the attorney general holds the
4 letter and not the spirit of the law
should govern, attention has been called
4 10 the fact that eighteen years ago
Il yN-I,a lstit, val ~ of h
amendment to the constitution in favor
of prohibition was in question, the SUI
i pretnes court held the intent of the law
makers had no force. The result was
4 the knocking out of the prohibition
amendment. Judge Day wrote the opin-
! ion. tho it resulted in his defeat for re-
ELECTION.
The officers of the state whose terms
will expire the first Monday in January
4 1901, are Secretary of State g. L. Dob
son. Auditor Merriam, State Treasurer
4 Herriott. Attorney General Remley and
Col. David j. Palmer, railroad commits
4 sioner. There is no doubt as 10 the
Judges of the supreme court and the
4 district judges, as their terms expire
Dec 81, instead of the first Monday II
\ January The law is clear regarding
y them II is also clear as to members o
Il the general assembly. The county ant
4 township officers Whose terms would bt
Il extended a year by the amendment, II
y the attorney generals pinionshouldno
4 be upheld are the clerk of the district
u court, recorder of deeds, auditor ant
4 county attorney, two justices of ths
peace and two contsables in each town
4 ship, one township trustee ineachltown
ship. the township clerk, one assessor
s. and one road supervisor
AT Baileyville. Kas., Mrs Bailey, aget
T6. mother of Congressman w. j. BAL