Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-17
SHAN ON amendment
The Iowa Governor Thinks Error
Will Not Materially Affect
Its Operation.
Believes With Remley That the In
tention Of the Legislature
is Plain.
And That IL should and Will Gov.
ern the County and State
Officers.
pecial 10 Times-Republicah

Special to Tines
T Des Moines, Nov. 1T.-Goyernor sha"
thinks there is no danger about the con
struction that may be placed upon the
Titus amendment by the courts. ne
thinks the intention of the legislature
and the people who voted for the aneno-4
ment 10 perfectly plain from the amend
ment itself without going outside to take /
levidence. The point he makes isl tnat 70 |
extend the terms Of Office Of the men
who we're elected IN 1898 ard whose I
terms expire practically with the year
4 1900. even If it does run over few days,
would not be carrying out the purpose
| Of the amendment, which is to provide
4 for the offices which would otherwise pc
filled in the year 1901, when under the
/ operat;on OF the amendment no election
4 will ba held To extend the terms ol
linen whose successors are elected at the
J, same time that the amendment - SEoteu
upon would not be any part OF the gen
eral plan of the amendment. The gov
\ ernor ia known to be first-class law
liver, and it Is his opinion that the courts
4 will sustain the opinion of the attorney
4 general and that there will be no SERIOUS
3|difficulty about adjusting affairs to II.
! The courts. he gays, would not go out
4 side the amendment itself TO get evil
tdence as to the intent of the legislature
lin framing it or Of the people IN Votihs
ifor ii. This. however, is not necessa ry'
4 lin his judgment, to sustain the view ta-
s ken by Attorney General Remley.
There 10 no doubt that there Will be.
some litigation over the amendment IN
, several counties where the present
]. county officers having been defeated for
Il election will undertake to hang on. a
!, conspicuous instance Of this KIND is IN
I Marion county. where son OF the late
Ex-Governor Stone. democrat. mas
! been defeated by William e. Mentzer,
Ilate adjutant of the Fifty-hrst Iowa
Volunteers 1t will be difficult to get a
decision from the supreme court on the
: question until several months after next
q January. The parties who expect to
e profit by the alleged defect in the
2. amendment will not consent TO q speedy
: determination by the courts, and with
d out their consent it will be impossible to
{ advance any case to settle the question.
eii 1t might be done If two outgoing and
n Iincoming officials would agree to a test
9 case. Attorney General Remley sug-
gests that he and Senator Mullan. his
& successor, might appear before the su-
G preme court at the January term and
S both claim to be attorney general Ihen
i. Mullan would move to strike out the
s''ina,ne os Remley and substitute HE own
!. and the court could decide the whole
Z question on that motion. Mr.. Remley
however hesitates to assume this posi-
I tion even for the sake of settling the
1t would put him in falst
4 light and in the future 1t might be hare
to explain how he had taken position
. for his own benefit apparently, in direct
,. conflict with previously expressed
opinion.
The claim has been put forward tina
P. the whole amendment is vitated by tht
~ alleged misunderstanding about 1t. OF
the theory that the people did not vot
OF for what is actually in the amendmen.
e. That is the theory upon which the pro
1e ihibitory amendment was knocked out
&. that is, that the thing which the peopl
: voted on wasInot in fact that which wa
submitted to them by the legislature
This proposition does not meet Wit
I, much support because no irregularit
~ is charged in the formation of the pres
oe 's ent amendment. II has been submitte
- in perfectly regular form. The peopl
y - voted with their eyes open and no on
rs can prove that the amendment as adopt
go .e ed was not exactly what the people SUI
N N posed it was.
The claim of John Herriott that h
will be unsafe in relinquisling his offie
'ee because his successor might render hil
" ! liza BILE to loss under his bond Is general
'rs regarded as quite absurd. When NJ
u Herriott turns over his office to his SUI
" cessor and receives receipt thereto
'pt and his successor gives a bond which
De- accepted, Mr.. Herriott's liability is {
: fully discharged. SO far as anything h
successor may do is concerned. as
possibly could be. Some of Mr., Herr
. otis critics, however, say that this fes
ile - on his part is a prepare tion for hangir
III. on to the office if he thought such
course would be advisable from h
standpoint.
=. ~ The constitutional convention, wlic
els will be held some time within two
~ three years to revise the constitutio
..s z Y. will have the power to submit it to Il
eile people at special election or to subn
70 it at a regular election. The constit1
ton of 1857 was submitted at regul
election for state officers held in Au
ers ust. There is some sentiment in fav
an Of having special election to choo
the the members of the constitutional co
~ vention on the theory that in this ",
or better men Will be secured than If i
selection is involved in politics in CO
nection with the regular election. 4
expense Of this plan, however, is like
.0.s fn az 8