Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1900-11-16
STARTLING ERROR OUND
Titus Amendment Extends Terms
5 81 yVrOnS Officers. Ky

lUtIuCtiOA "a NAS sSouS u0xS ~ &SAAV VA
Iennial election amendment to the
constitution OF Iowa which seems to
have been adopted by the people ut
the election November 8, will com
tinue in Office for another year every
official whose successor was elected
1 1t that election. II will affect about
Z, 600 township, county and state Off
5cials. It will at least cut of One-half
of the tenure of Office Of all these
1000, for they cannot take their seats
until 1902, il then. And these are bu.
q few Of the amazing results Of an
astounding defect in the amendment.
According to its language Secretary
of State Dobson, Treasurer of State
Herriott and Attorney General Rem
ley are entitled to another year ten
ure Of office; and il is doubtfulif Sec
rotary OF State-Elect Martin, Treas
surer OF State-Elect Gilbertson and
Attorney-Ge General Elect Mullnn will be
entitled to their Offices without an
other election. And this statement
applies not only to the three stats
officers mentioned, but to the 1000
township and county official. whose
successors the people voted for at the
recent election.
The biennial election amendment
provides as follows: ,5s
''The terms Of Office OF the judges
of the supreme court which would
otherwise expire in odd numbered
years and all other elective state.
county and township officers whose
terms of Office would otherwise ex-
pire in the year 1901. arid members
of the general assembly whose sue
cessors would 4 otherwise be choser
in the year 1908, are hereby
extended one year and until thair
successors are elected and qualified.
This means that all state, county
and township officers whose term ex-
rire in 1901 hall serve for an addi-
tional year. Every officer, almost.
for whose successor the people voted
at the recent election, goes out OF
office the first Monday in January
and his successor goes in IN that
day, under the law as it stands. The
first Monday in January Of the COM
ing year is January Z. Therefore,
every officer now incumbent. will. un-
der the biennial election amendment,
remain in Office for another year.
while the men who were elected on
November to succeed them. must
wait for year before taking their
Offices.
Returns frorn eighty-five counties
on the constitutional convention
question give a total of 150,15O in
favor Of the convention ard 146.760
against. Returns from eighty-eipht
counties on the Titus amendment for
biennial elections give a total ri
161.76O in favor of it and 134,747
against This indicates that the last
proposition has carried by considera-
h,a ma iority and that the convention
will he carried BY small rra.rg'n.
Des Moines, Nov. 1s.-Attorncy
General Remloy he's issued lengthy
on'nion an the effect of the Titus
biennial elections amendment, ho'd.
ing. in brief. that the manifest in
tention of the legislature must gov
ern and that the terms Of Office Of
those officers elected in 1898 are not ,
in any manner affected by; the consti-
tutional amendment. Furtherr A'e.
he holds that it is the terms of ol.ce
of all those officers who were elected
at the general election in November,
1899, 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 for
any man who has filled the full term
of his office to attempt to defeat tire
will of the people, merely by force
of what is at best technical error.
Attorney General Remley's opinion
is addressed to j. J. Crosslev of Win
terset. Madison county. where the
question was first formally raised as
to an error in the amendment.