Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-11-15
Attorney General Milton Remley Has So
Decided.
COURTS WILL LIKELY BE CALLED UPON
Attorney General Holds That the Intention Of Leg
isature Must Govern and That the Terms of
Office of Those Officers Elected in
1893 are Not Affected.

AIOC IhOlAOC, lNON. u0
court of Iowa will likely be called to
decide the complications presented by
the Titus amendment. Despite the
opinion by the attorney general yester.
day evening holding that the amend.
ment should be interpreted literally
and that lie intent of the legislature
rather than the letter of the law
should be observed, the supreme court
will be called upon to settle the matter
beyond all question.
That fact was demonstrated early
yesterday morning by the arrival of
William Mentzer, county clerk-elect of
Knoxville, at the state house with the
information that the matter would be
fought to the bitter end from Marion
county if no other county in the state
was interested enough to wantto know
the opinion of the highest tribunal in
the state.
Attorney Generals Opinion.
Attorney General Remley issued a
lengthy opinion last evening address.
ed to J.J. Crossley, of Winterset, where
the question was first raised, on the eff
feet of the Titus biennial elections
amendment, holo1ng, in brief, that the
manifest intention of the legislature
must govern and that the terms of of
flee OF those officers elected in 1898 are
not in any manner affected by the con.
stltutional amendment. Furthermore
he holds that it is the terms of office
OF all those officers who were elected
at the general election in November
1883, 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 fol
any man who has filled the full tern
OF his Office to attempt to defeat The
VIII OF the people, merely by force O
what Is at best technical error.
! Yours OF the 10th inst. at hand, re
|questing my construction of the con
stitutional amendment adopted at tn,
last election, especially. with refer
ence to its effect to extending th,
loftice of county recorder.
In regard thereto / will say tha
the constitutional amendment seem
to have been drafted upon the ide
that the terms of Office begin on tn
nrst day OF January and terminal
on the 31st of December of the follow
ing year, but unfortunately that no
the case. BY section 1860 of the cod
the terms of Office commence on tn
first Monday of January after the ger
eral election at which the officers ar
elected, except, first, that of the 20,
ernor and the lieutenant governor
which commence on the second Nor
Inau nf all IL -
election constitutional article a, SCI
tion 15), and second, the members @
the house of representatives, who's
terms of Office commence on the frs
day of January next after their elet
ion CONSTITUTION article 8, sectio
81, and third, judges of the suprem
and district courts, whose terms Z
office commence on the first day {
January Constitution article S, Sc,
tion III. The terms of office of a
other officers, under section 1O6,
commence on the first Monday of Jai
} uary next after their election.
The following clause. of the const
tutional amendment is the one i
: which the doubtful meaning arise
. viz: "The term of Office of the Judge
!. of the supreme court which would otl
erwise expire in odd numbered year
and all other elective state, count
: and township officers whose terms .
Office would expire in the year on
thousand nine hundred and one, an
the members of the general assembl
whose successors would otherwise /
chosen at the general election in til
> year one thousand nine hundred an
one are hereby extended and quali
) ed" This clause, if taken in it's
l eral sense, disassociated from otht
). parts of the said amendment, woul
, undoubtedly extend the terms of Q
J. fee of all officers whose terms expil
3 the first Monday of January, 1901, ft
: one year, and would not extend tt
t terms of Office Of those officers who's
3 terms expire the first Monday of ia
8 uary, 1902.
: "This result, however, is to n
mind the reverse of what was inten
ed by the two general assemblies ar
of the people by whom the amen
ment was adopted. do not thir
a there is any difficulty in arriving
the intent of the contitutional amen
e ment. The purpose was to have bic