Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-01-01
The FIRST DECISION
Contest Court at Sioux City De-
clares Amendment Valid.
SAYS COUNTY OFFICERS MAY STAY.
One of the Contestants, However,
Says That the Contest Court, as 1t
Is Termed, Has No Jurisdiction
Full Text of Decree.

The Titus amendment is good, de-,
clares contest board at Sioux City,
but it cannot settle the matter for the
whole state. Saturday the Courier
printed dispatch from that place
which seems to have been slightly
confusing. For the benefit of those
who take an interest in it, the follow
ing full explanation and text of the
decree rendered in the case, is print
ed:
Is the First Decision.
Sioux City, Dec. 31.-The first Off
cial decision on the standing of the
Titus amendment has been rendered
by the contest court at Orange City,
which finds that the adoption of the
amendment extended one year the
terms of county officials now in Of
| flee whose terms would otherwise
have expired week from next Mon.
day
AS elections are, under the consti-
ors to incumbent officers could not be
elected until two years have elapsed,
giving them two years more of Of
flee.
Who the Parties Are.
P.D. Van Oosterhout, who has been,
and at the present time is county attor-
ney, of Sioux county, brought the mat
ter before the contest court to restrain
the board of supervisors from issuing
certificate Of election to A. TIE Paska,
who last November was chosen by a
majority of the voters of Sioux county
for the office of county attorney. The
contest court upholds Mr. Van Ooster-
1,~ Htr 111 4 41,-t H.
titled to hold his Office another year.
1t holds further that the election of
TIE Paska was null and void.
The Decree.
Mr.. Van Oosterhout was in the city
1jubilant over his victory. He brought
with him copy of the decree of the
court, which was as follows:
| Now, towit, on this 2Sth day of De-
lcember, 1900, this honorable court be-
ing in session, Judges William Dealey,
John Hutchinson and L.. M. Black being
present, this cause coming on for judg
ment, Hatley C Irwin appearing as at
torneys for contestant, and Geo. G..
Scott, G. w. Pitts and John e. Orr APP
]pearing as attorneys for incumbent
and contestee, the court, haying heard
the evidence and the arguments of
counsel and being fully advised in the
premises, finds:
That it has jurisdiction of the sub
ject matter and of the parties to this
proceeding. 80
It. further finds that the incumbent
was not duly elected to the Office of
county attorney of Sioux county, Iowa.
at the last general election held there
in On November 6, 1900; that the board
of canvassers erred in canvassing the
votes for said Office and in declaring
the result thereof; that the adoption
of the amendment to the constitution,
known as the Titus amendment, ex-
tends the term of Office of the contest
ant, P. D. Van Oosterhout, the Office
of county attorney and renders the
election of the incumbent, A. TIE Pas
ka, illegal and void, as well as the en-
tire election so far as it relates to said
Office. We, therefore, find that no per-
son was elected to said Office at said
election; and it is ordered, Cdjudged
and decreed that said election as to
the Office of county attorney be and
the same is hereby annuled and set
aside, and judgment is rendered
against the incumbent, A. TIE Paska,
for the costs of this proceeding.
| VINO the Board Is.
OF the three members of the con-
test court, Mr.. Dealy. of Ireton, is
chairman of the board of supervisors
test court, Mr.. Dealey, of Ireton, is
was chosen by TIE Paska; Mr.. Hutch
ison, of Hawarden, was chosen by
Van Oosterhout.
Other Contests.
AT the time Van Oosterhout brought
his case Harry Melrose, republican,
county clerk, and B. F. Jones, repub-
lican, county recorder, brought similar
actions to retain their offices over the
claims of Clerk-elect Brewer and Re-
corder.elect Jonggewaard, both of
whom are republicans. Before the
case of Van Oosterhout VS.. TIE Paska
was taken up, it was agreed by the
parties in the other cases that the
same decision, as far as the contest
court was held, would hold in their
cases.
Will Take 1t Up.
Mr.. TIE Paska and his brother off,
cers-elect will take the matter to the
district court. Before the contest
court sat on the case they held that it
had no jurisdiction in the matter. If
the district court rules against them
they will go to the supreme court.
|