Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-01-01
Gan COURT D[C|Dl!'
Three Supreme Judges May Be
Disqualified 70 Pass on Titus
Amendment.
Given. Waterman and Sherwin
Are Personally Affected BY
the Law.
The Amendment. II Upheld. Elk
tends Their Term Of Office
One Year.

4
Titus biennial amendment the lawyers
also bungled it up 80 that ito c9astitu-
tionality can not be tested except by a |.
court one half Of whose members are
directly Interested in its fate.
An important phase ri the determine
ton OF the validity of the mea sure by I
the supreme court has hitherto been
passed over without attention or refer
ence. While niuch has been said of tbS
terms cf Office that would be affeetsd by
the arepNlment it has not besh general
iy considered the amendment would, if
held valid. extend for<one year each the
terms Of three Judges OF the supreme
court or half the jud ges on the supreme
bench.
The Judges whose terms will be ex-
ten9sd If the amendment is held valid
pafe Judge Josiah Given, whose term
would otherwise end Dec. 81, 1901 Judge
Charles NJ. Waterman whose term will
expire Dec. 81, 1903, and Jdge John G.
Sherwin, whose term will end Dec. 81,
1905. Their terms are extended directly.
as the following sentence of the biennial
elections measure indicates:
the supreme court which would other
wise expire in odd numbered years. and
8all other elective state county and
township officers whose terms Of office.
would otherwise expire In the year 1901,
and members of the general assembly.
whose SUCCESSORS would otherwise be
chosen at the general election in the
year 1901. are hereby extended one year
and until their successors are elected
and qualified"
Even without this provision, however,
the fact of having biennial elections
would result in extending the. terms of
those Judges of the supreme court
whose successors would ordinarily be
chosen In the odd numbered Years. since
without any election in the odd num-
bered years each judge whose successor
would ordinarily be chosen hen would
remain in Office until after the election
in November OF the even numbered
yea4
SO far az the judges of the supreme
court are concerned, the fact three
terms are thus extended can not but
prove embarrassing in considering the
Titus amendment. Ordinarily. Judge
Given, Judge Waterman and Judge
Sherwin would be disqualified from
passing on the validity of the amend
ment. BY the mutual action Of the par
B ties to the action. however, they may
t6Re part. x. "
Section 2S4 Of the revised code under
general provisions says,
When Judge Disqualified-A Judge
or justice is disqualified from acting az
such, except by mutual consent of par
ties. in any case wherein h e is a party
interested, or where he is related to
either party by consangninity or afHni-
ty within the fourth degree, or where
he has been attorney for either party in
the action or proceeding But this sec
ton shall not prevent him from dispos-
Ing of any preliminary matter not af-
fecting the merits OF the Ca 81.
That 1t would be most satisfactory to
the people of the state il q decision We're
rendered on the Titus amendment by
only those judges who are not person
ally Interested in the measure goes
without saying This is not possible,
however. 1t requires four judges of the
six constituting the supreme court to
form a quorum. Section 1873 of the re-
vised code of 1897 says: The supreme
court shall consist of six judges, four Of
whom shall constitute quorum. for the
may adjourn from day TO day or to a
particular day. or until the next term.
Not only are four judges required tc
form a quorum. but four must concur
In order for decision to have force
Section 1874 of the code says: No de-
cison of the court shall be filed unit
1t shall have been considered by tbs
whole court and concurred in by mol
less than a majority of the judges.'
Were the suit other than friendly
one, that IL coming up from the distric
court OF Washington county, to bring
about an early decision on the THU.
amendment, the probabilities are ths
supreme court would be shut out Of
hearing and determining II. 1t Is APP
parent II the amendment IS to be passst
On by the supreme court. 1t Will reatiir.
the concurrence OF at lea st -four judges
one of them being directly interested il
the case. 1t liz probable the two attor.
neys in Warrington county. being per
sonal friends will agree TO overlook
such diequaliflcations. Were the sal
unfriendly. then by objecting to tn
qualifications of the three Judge
named above, either party to the actor
could al sonce prevent the supreme cour
from passing on the case. and thu
force the decision of the low er court t
stand. decision such as this. however
would have no effect outside OF the par
ttcular case 1t involved
The circumstances are unfortunat
Tor those members OF the supreme cour
whose terms are extended by tn
amendment. They, or at least some d
them, must take part in the, decision. 9
the question Will remain undetermined
II decision shall be rendered uphold
ing the validity of the amendment. b
reason Of the position taken by Judge
whose terms are extended, they a. ono
place themselves in a position open t
criticism. The situation liz undoubtedi
ss one OF the most peculiar that ever con
Sronted the supreme court of the stat,
and Y may prove, as some believe,
& contributing cause to Knocking out til
amendment completely.
losTDAUoHrER FOUND.
CTeston Couple Nude Happy by Rc
Receipt of q Letter.
Special to Times-lR Republican
reston, Ism. Joe Thompson,
= Lincoln township, was the fiappies
L.