Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-01-29

shall meet ION the second Monday in
January, 1908, and biennially thereaf-
ter" Section 2 of article of the con-
'stitution says THE sessions of the
general assembly shall be biennial,
Monday in January next ensuing the
election of its members" Section 8
of article IL says: ''The first regular
session of the general assembly shall
be held in the year 1858, commencing
on the second Monday of January OF
said year. These two sections TAX
en- together mean, of course, that the
sessions of the legislature shall be
held biennially and in the even num-
bered years" Now, the Titus
amendment provides that the sessions
shall be held in ,odd-numbered years.
And Finally.
The present constitution provides
that each one shall be chief justice
during the year in which his term eX-
pires. The amendment provides that
the legislature shall determine which
of the judges of the supreme court
shall act as chief Justice. This is, of
course, another amendment to the con-
oil llSlC u, SCStiOh iO
author of the bill evidently supposed
| to determine this question once, whil0
the amendment was going into effect
and the old order was changed. AS
matter of fact. at every session of
the legislature that body would be
preme judges for the place of chief
| i,,c Tbar,A cix ind nf q
supreme court With biennial cleo
lions the term of two of the judges
must expire Immediately after each
lature, therefore, it must be decided
the two following years. The assem-
should be chief justice for two years,
This would mean that the other judge
whose term expired at the same time
might provide that one judge should
iod than this. Thus it will be seen
that this amendment not only amends
the original constitution, but abso-
EIutely abrogates it and gives the leg
sislature a power which might and in
many cases would be used with great
prejudice. If certain judge should
belong to faction opposed to the fac
ton that had control of the legislature
it would be in the power of that body
to keep him from ever being chief jus
tice. In certain years the office Of
chief justice is more important thar
Others. AT present the office is de
|cided by priority of service, but under
the amendment there would be {
Ichance for favoritism. The supreme
court might often be involved il
squabbles with the legislature, much
to the detriment of business and will
4 a great loss of dignity to the court
4 This provision is, in fact, the mos
pernicious in the whole amendment.
Must be Submitted Separately.
The constitution provides that al
amendments to it shall be submitted
separately. The Titus amendment in
cludes at least half a dozen separate
amendments. Whether they are goot
or bad does not enter into the contro
versy. The only provision necessar.
in order to have biennial elections
would have been the first sentence il
the amendment, which reads: Thu
!, first general election after the ador
Ition of this amendme emit shall be hell
on the Tuesday next after the frs
Monday in November in the year 1902
. land general elections shall be held bi
ennially thereafter.
Rest is Superfluous.
All of the rest of the amendment /
not only superfluous, but contrary t
the provisions of the constitution re
\ garding the submission of amend
4 ments. Had only the above sectio
been placed on the ballots, no question
sould have arisen as to the constitr
tionality, and everything else woul
\ have adjusted itself.