Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1901-02-13
TITUS LAW is DEAD.
BIENNIAL ELECTIONS AMEND.
MENT FOUND VOID.
Measure 1. 1nvalidated Because It
Was Not Entered ON the House jour-
nal as Required by the Constitution
Effects of the Decision.

Des Moines correspondence:
By unanimous decision the Supreme
Court Of Iowa has decided the Titus BIZ
ennial election amendment to the consti-
tuition as dead. 1t was never submitted
to the people, and therefore was not
adopted at the election in November. The
decision of Judge A. r. Dewey is affirm
ed on every point. There will be no BIZ
enninl elections in Iowa. There will be
an election this year and a new Legisla-
ture next winter. 1t is held by the Su-
preme Court that the proposed consti-
tutional amendment was not submitted
to the people in accordance with consti-
tutional methods.
1t was not recorded on the journal of
the House of the Legislature of 1888, the
Twenty-seventh General Assembly. The
requires that proposed
amendments must be "entered" on the
journals Of the houses of the Legislature
In which they are proposed. Judge
Dewey decided that the failure to enter
the Titus amendment on the House jour
nal in 1893 was fatal. This the Su-
preme Court affirms, basinY its decision
thereon.
The Supreme Court sustains again the
law as announced in the koehler Hill
prohibitory amendment case. 1t was ar
gued that In that part of the opinion In
that case in which the question of ZEN
tering" meaning spreading in full" was
decided affirmatively, the court announc-
ed Its dictum and not law precedent
of decision. 1t is shown by the Supreme
Court in the biennial election amendment
that that point was assigned as an error
and adjudged and decided by both the
lower and higher courts in the prohibit
ory case, so that 1t was the law which
the court had to sustain or reverse itself
upon. 1t sustains its former decision II
full.
The court simply declared the amend
ment invalid and gives as a reason that II
was not properly entered on the journal
of the House, None of the other points
made by its friends or enemies are dis
cussed.
The effect OF the decision is to precipi'
tate political campaign which will be
heated from the start. A Governor
Lieutenant Governor, Superintendent Of
Public Instruction, one Railroad Commits
sioner, one judge of the Supreme Court
almost half of the membership Of tbs
Senate and the entire membership Of thu
House will be elected this year. Thu
fight will center ON Governor, although
the election of members of the Genara
Assembly will be hotly contested by thu
factions that desire to control the ma
chinery which will elect successors to tn,
present United States Senators mex
winter and two years thereafter.
Senator George NJ. Titus, author o.
the amendment, when interviewed II
Muscatine, expressed himself as follows
II believed the rank and file Of thu
people Of this State preferred to hayi
fewer campaigns Having long desired
such change myself I introduced thu
resolution which was intended to brini
about this result. The Supreme Cour
decides 1t was not properly adopted be
cause of the failure to have it copied q
length in the House journal. I accep
the conclusions Of the court with resig
nation"