Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-02-05
Extract From Decision on the Titus
Amendment.
THE pROHlBlIIONISTS SEE DEFEAT
Decision the Signal for the Beginning
of Hard Fought Political Cam
paign-court Takes the Prohibitory
Amendment Case as Precedent.

Des Moines, Feb. 2.--The supreme
court handed down an opinion in the
Titus amendment case yesterday
holding that the amendment is in
valid because af the failure to record
it in full in the journal of the house
of the Twenty-seventh general assem-
bly,.
I Owing to this slight technical error
the people of Iowa cannot have bien-
NAL elections for at least four years
in spite of the fact that an amendment
to the constitution to secure them
passed by an overwhelming majority
in November.
This decision will be the signal for
the beginning of one of the hardest
political fights ever waged in Iowa
as it means that the election of COVER
nor will take place this year.
The prohibitionists of Iowa recog-
nize in the dicsion a defeat of their
hope for revival of the prohibitory
law.
The supreme court follows the de-
cision in the case of Koehler VS.. LANCE
holding that the issue was clearly
raised then and that in it, the prohibit
tory amendment case, it was held that
an amendment must be recorded in
full in the journals of both houses.
Owing to this conclusion the ques-
ton of the Interpretation of the
amendment is not considered.
THE conclusion, therefore. express
ed by this court in the Koehler case,
is not dictum, but is decision" con-
cludes the court, land we must eth
er follow it or overrule it. We con-
slider that inasmuch as it involves
the construction of our own constitu-
ton and has been recognized for
many years as making definite and
certain the method to be pursued in
amending the constitution, it should
be followed. And in conclusion, with
reference to that case, We consider
that it is not only for us to determine
that of the two questions involved,re
lating to the method of amending the
constitution, only one was regarded
as decided, while the other was simp-
i ly discussed. The conclusion of the
court as to either one of these two
questions would have determined the
case, and one conclusion is as binding
uopn us as another
Therefore, following the decision of
the court in the Keehler case, we hold
ing been entered upon the journal of
the house of the twenty-seyenth gen
eral assembly was not proposed and
adopted as required by our constitu-
ton and has not become a part there
| of.
| "This conclusion makes 1t unnecs-
sary to discuss the Interpretation of
the language of the amendment, and
l n. Jof TO-,
titled to the Office which he claims.
Senator Titus Is Resigned.
Muscatine, Feb. 2.-Yesterday Sen
ator Titus, the father of the amend
ment that bears his name, was asked
his opinion of the action of the SUI
preme court, and said:
81 believe the rank and file of the
people of this state preferred to have
fewer campaigns. Having long de-
sired such change myself l introduce
ed the resolution that was intended
to bring about this result The SUI
| preme court decides that it was not
properly adopted because of the fail
ure to have it copied at length in the
house journal Having staid with the
proposition to the end of the road, I
accept the conclusions of the court
with resignation"
Shaw Not Surprised.
Chicago, Feb. 2.-Governor Shaw, of
Iowa, was seen at the Palmer House
yesterday in reference to the decis-
ion on the Titus amendment, and its
effect on state politics. He did not
seem surprised at the ruling of the
tnl hot
meant a big stir in the political pot
almost Immediately. He would not
discusss the matter for publication.
politicians have been holding back UNI
til ruling was given on the amend
ment, and now that it was decided
that the election is to be held this
year as usual number of candidates
for governor to succeed Mr.. Shaw
would soon appear in the field.
The announcement that the supreme
court has sustained the decision of
Judge Dewey and entirely knocked out
the Titus amendment, has been the
chief subject Of conversation on the
streets of Ottumwa since the receipt
lof the news by the Courier at 1913
4 o'clock this morning. While there
were many people in favor of the
amendment and others who were in
different as to it's fate, the Courier be-
Ilieves that in view of the recent COM
|plications that the majority of senti-
ment is now opposed to the amend
ment and that the public generally
will receive the decision of the SUI
lpreme court with an expression of
commentator and relief. This decis-
ion puts the situation SO far as public
officials in Iowa are concerned just as
lit was before. the vote of the people
on the amendment was taken last fall
No officials will hold over and the reg
ular election will be held in Novem-
Der of this year to select state and
county officers. These offices for the
state are:
Governor, lieut.. governor, state supt
of public instruction, railroad commits.
|sioner to succeed Welcome Mowrey
judge of the supreme court to sue
coed Judge Given.
In Wapello county the officers to be
lselected this fall are: Member of the
Estate senate. member of the house OF