The Leon reporter. (Leon, Iowa) 1887-1930, 1901-01-03
Subscription Rates;
TEST CASE IS ARRANGED.
plan to get at Validity of Titus
Amendment.
In An Agreed Case Before Judge Dewey all
controysrted points VIII be Involved.
supreme Court Decision Expected .
Early In February.

4OT tC6lIuS Llc VdnOAty Va shO AAsoo
amendment for BIENNIAL elections have
been made known. Through the me-
dium of this plan, which was devised by
Attorney General Remedy, and which
has the endorsement of Senator Charles
w. Mullan, the attorney general-elect,
and Of Senator Titus, the author of the
amendment, it is expected decision
will be forthcoming from the supreme
court before the Gloss Of the January
term, the ninth day of February.
The case will be begun at Washing
ton, Washington county, in the sixth
judicial district, with Judge A. R. Dewey
on the bench. Marsh w. Bailey, the
county attorney-elect Of Washington
county will bring action in quowarranto
against the present incumbent Of the Of
fee, 8. w. Brookhart. Both of the men
are republicans and personal friends and
the suit will be entirely an amicable one
1t will, in other words, be an agreed
case. The petition will be filed by Mr..
Bailey January 8. after Mr.. Brookhart
has formally refused to turn over the
Office to his supposed successor. This
petition will set forth all the facts per-
tanning to the enactment of the measure,
exactly as indicated by the house jour
nal of the Twenty.seventh general as
sembly. In fact, a certified copy Of the
journal of the Twenty.seventh general
assembly, the one in which there was q
failure to enter the amendment in full,
will be attached TO the petition. There
will. also be = certified copy Of the. reso-
lution as it passedl ths senate Of tho
I,ithsy seventh eenssatl " asaseaat asaa tbis
being, 81 course, the form in which the
measure 'ly passed. '.s
THE ALLEGATIONS.
The case will be entitled, estate Of
Iowa ex rel., Marsh w. Bailey vs.. s. W,
Brookhart." Mr.. Bailey will allege in
his petition that the only ground for the
defendant holding his Office and refusing
to surrender it, lies in the fact he claims
I the office under the Titus amendment,
He will allege the Titus amendment,
because of the failure to spread the reso-
luton in, full on the journal of the house
of the Twenty-seventh general assembly,
was never constitutionally adoped and
is not part of the constitution. He
will also allege that even If the court
holds the amendment constitutional
and legally adopted. yet it does moi
give the defendant the right to hold Of
flee or extend his term for one year
that properly construed, the amend
ment does not extend the office Of tn.
county attorney and he can claim NJ
rights Hereunder. On these grounds
he will ask for judgment and that tn,
defendant be ousted from the Office o
county attorney.
The defendant will demur to all of thi
and will stand on the demurrer. All th,
facts in relation to the alleged mistak'
in the journal of the house having beef
presented fully, every question will b
brought forward for settlement that ca,
be raised. The district court is expecte,
to prepare its opinion in advance of th
filing Of the petition. The defendan
will waive service Of notice and appea
and upon the filing Of the petition, Jar
ua1y 8. the decision Of the court will b
!, made.
Y APPEAL WILL FOLLOW.
An appeal will then be taken fortl
with. The abstracts and arguments wi
be prepared, and the supreme court wi
be asked, at the beginning Of next tern
January l5, TO advance the case. 1t
anticipated there WILDE no objection
this. owing to the public, welfare d
manding an early ruling. The case vi
be submitted at the January term, an
An opinion is looked for before the ter
ends, February9.. @
Copies Of the petition and the pape
filed will be submitted to Q number
leading. attorneys, who will be requests
to furnish arguments in accordance wi
their opinions. Judge O., 9. Cole is OF
Of those who will probably furnish
brief. 1t is expected he will hold q
amendment should be given q stri
Pn.. Senator Berry Of India
o file brief. Attorney Gle
.sus1l s,oo ko m ov