The Leon reporter. (Leon, Iowa) 1887-1930, 1900-11-15
Nay Hold Over.
The Democratic County Officials
Now in Office May hold over
Another Year.
FLAW in TITUS AMENDMENT.

The republicans who were elected to
the county offices at the recent election
are very IN UGH in doubt as to whether
they will ever secure the offices to which
they were elected, as a serious error has
been found in the Titus amendment,
which it appears has carried. The
amendment contained a clause which
extended the term of all state and coun-
ty officers whose term of office expired
in the year 1901 for one year and until
their successors were elected and q uali-
lied, and 1T was So voted OIL. Every
one seems, to have overlooked the fact
that the officers who got out of Office the
first of January do not expire until the
first Monday in January, and they are
the only officers whose term does ex.
pire in 1901. The offices which it was
supposed were extended do not ex pire
until January 1902. fit is held that
the term as voted on and adopted shall be
held to the letter it means in Decatur Co.
that the county attorney, recorder, aud
itor, and clerk will have their terms ex-
tended year from the first Monday in
January 1901, and thisis the view taken
of it by the daily papers of the state
A test case will probably be taken to the
supreme court for a decision.
The Des Moines Capital says:
The Titus amendment appears to be
loaded for bear.
When Rip Van Wrinkle awoke from
his twenty years sleep and begun to
get up he said, "Whenever | move q
new way, feel new pain" When.
ever the Titus amendment is looked at
in new way an additional discovery is
made.
1t was intended by the amendment to
extend the terms of those county and
state officers that were usually elected
in 1901. Hence, the amendment says
that those officers whose terms shall ex.
pire in the year 1901 shall have their
terms extended one year. Investiga-
ton shows that the officers now holding
office ard whose successors were elected
IN the year 1900, do not retire and give
place to their successors until the first
Monday in January, 1901. Hence,
their terms expire in 1901 and according
to the terms Of the Titus amendment,
their terms would be extended one
year.
A literal Interpretation of the Titus
amendment, therefore, would extend
the offices of Attorney. General Remley,
Secretary Dobson, Treasurer Herriott,
Auditor Merriman and one supreme
judge and would have the same kind of
effect on county officers, extending the
terms of recorders, clerks, county attor.
neys, auditors, etc.
The county attorney of Madison coun-
ty, has applied to the attorney general
for his opinion in regard to the matter
and wants to know if he holds over an
other year as his term expires in 1901.
These new discoveries in regard to the
operation of the amendment have crea.
ted decided excitement among the
politicians and lawyers. However, it is
believed that Acknowledgement Remley
will render an opinion that officers
whose terms expire at the close of 1901
and not those whose terms expire at the
beginning Of 1901 are those affected by
the terms of the Titus amendment. Ii
the encouragement renders such an
opinion he will save the state from q
great degree of decentralization. Of
course everybody knows what Senator
Titus was aiming at, but sometimes SUI
preme courts are disposed to consider
statutes and constitutions in accordance
with what is said and not by what is
meant.
1t is supposed that the attorney-gen-
eral will render his decision in time to
prevent the great confusion which the
new Interpretation would put the state
in.
fit is construed that.the amendment
extends the terms of the officers who
would go out in January, 1901, and
there being no election next year and
the amendment not extending those
terms which expire on January i, 1902,
then one-half of the state and county
Offices would be vacant in 1902.