The Leon reporter. (Leon, Iowa) 1887-1930, 1901-01-10

dSutuSt Ou, ID, JAIL % uOSc "A. ~.
Dewey this afternoon decided that the
Titus amendment was neither legally
submitted by the Legislature of Iowa
nor legally adopted by the people, and
therefore its effect upon the recent cleo
ton or on the terms of incumbent Of
ticers was null and void.
A crowded courtroom greeted the
judge this afternoon. Many attended
to hear his first decision on the Express
company cases, but all stayed to hear
the review of the celebrated Titus case.
Senator Geo, NJ Titus arrived this
morning from Muscatine, and was pres
ent throughout the proceedings.
The judges opinion was lengthy, but
interesting throughout, and was closely
listened to. His concluding words fol-
lowed list of the authorities he had
consulted in his work on the case,
namely Jameson on Constitutional
Conventions, Cooley on Constitutional
Limitations, and Sutherland on Statu.
tory Limitations, and were as follows:
JUDGE DEWEY SUMS UP.
Concluding, therefore, and always
bearing in mind that we are constituting
Iowa law, we are unable to comprehend
how any jurist can arise from an ex-
animate of these authorities and feel
that the amendment under considera-
ton was either legally submitted by the
legislature Of Iowa, or legally adopted
by the people. From these conclusions
we find no escape.
''The court concludes, therefore, that
the proposed amendment, known as
joint resolution No. l, being joint reso-
luton proposing to amend the conslitu-
ton so as to provide for biennial cleo.
tons, was not legally adopted and is
now no part of the constitution of
Iowa.
The decision gives Attorney Marsh w.
Bailey his case, and also the county at.
torneyship. County Attorney Brook.
hart has been confident all along that
he would get decision, but said that
even in that event, he would at once
resign in favor of Mr.. Bailey. Judge
Dewey S decision depnves him of that
opportunity.
During the proceedings this afternoon
Senator Titus was plainly nervous, in
fact, he was very nervous when here two
weeks ago. His last chance now is the
decision Of the supreme court, which
will probably be given January 18th.
THE ARGUMENTS.
The arguments submitted by Attor-
1eys Bailey and Brookhart were as fol.
ows. Attorney Bailey, the relator in
The case, stated that:
He was legally elected at the general
election November 5th, to the office of
county attorney of Washington county
for term of two years.
That the board of supervisors has is
sued him certificate of his election. as
required by law
That the respondent. S. w. Brook
hart, is unlawfully holding that office
ssn !, that he proposes to hold it by vir.
tue q tae election held November, 1899.
That the resp respondent refuses to deliver
the office to the relator.
That his sole reason for so dong 's
that at the general election held No
vember 5, 1900, the constitution Of the
State Of Iowa was amended by the vote
OF the people by adding thereto section
l6, article II (the Titus amendment,
which extended the term of county at
torney for term of one year.
MIR. Bailey's arguments were
/. AS shown by the records of the
house of representatives. AMI the senate
OF the twenty seventh general assembly,
the amendment was not legally SUBJ
mitted to the people because certified
copies of the amendment were not at
tached to the journal entries of the
proceedings of the houses, as is required
by the constitution.
2. If the amendment was legally
adopted, it does not, when properly
construed, extend the term of office of
the respondent.
In response to Attorney Bailey's allie.
cations, Attorney Brookbart entered
bis demurrer, putting in effect the lega
effect of the matters pleaded by the re-
lator.
REVIEW OF THE CASE.
After presenting these statements Of
the attorneys, Judge Dewey said that
the issues made two propositions:
l. Was the proposed amendment to
the constitution, entitled can Act to
Amend the Constitution, so as to Pro.
vide for Biennial Elections" and desig.
mated section l6, of article 10, of the
constitution, legally presented and
adopted, and is it now part of the con.
stitution?
2. If so, under the terms of such
amendment, is the relator entitled to
the possession of the Office of county at
torney for Washington county for the
term beginning January Z, 1901?
''If the first proposition be answered
in the negative said the Judge, sit dis.
poses wholly of the second, and hence
we turn our attention directly to the
consideration Of the first query"
Judge Dewey then reviewed the his.
tory Of the constitution of Iowa and