The Leon reporter. (Leon, Iowa) 1887-1930, 1901-01-03
AFFECTS THREE JUDGES.
Supreme Court placed In a pecui-
lar Position.

supreme NUuTt Pl0CSU III O HcCui.
| lar Position.
The Titus Amendment. Il Upheld. Will
Extend the Terms OF judges Given.
Waterman and sherwtn tor One
Year Each.
While they were committing that leg
islatiye tragedy, the Titus Biennial
amendment, the lawyers also bungled it
up so that its constitutionality cannot
be tested except by a court one.half of
whose members are directly interested
in its fate.
An important phase Of the determine
ton of the validity Of the measure by
the supreme court has hitherto been
passed over without attention or refer.
ence. While much has been said of the
terms of Office that would be affected by
the amendment, 1t has not been gener-
ally considered the amendment would,
If held valid, extend for one year each
the terms of three judges of the supreme
court, or half the judges on the supreme
bench.
THOSE WHOSE TERMS ARE Extended.
The iudges whose terms will he ex-
tended if the amendment is held valid
are Judge Josiah Given. whose term,
would otherwise end December 81, 1901
Judge Charles M Waterman, whose
term will expire December 81, 1908, and
Judge John G. sherwin, whose term will
are extended directly, az the following
! sentence of the biennial elections. meas.
ure indicates: 81 Il
"The terms Of Office Of the judges of
the supreme court which would other.
wise expire in odd numbered years, and
ali 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, how
lever, the fact of having biennial cleo
Itions 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
numbered years:each judge whose sue
cessors would ordinarily be chosen then
would remain in Office until after the
election in November Of the even num-
bered year. III
So far as the judges OF the supreme
court are concerned, the fact three terms
are thus extended cannot bu prove en-
barrassing in considering the Titus
amendment. Ordinarily y, Judge Given,
Judge Waterman and Judge Sherwin
would be disqualified from passing on
D the validity of the anne ndment. By the
mutual consent of the parties to the &C.
ton, however, they may take part.
Section 2S4 Of the revised code under
s. general provisions says:
y ,"When Judge Disqualified. judge
or Justice is disqualified from acting %
such. except by mutual consent of par.
Interested, or where he is related to
either party by consanguinity or affinity
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 disp0s-
ling of any preliminary matter not af-
fecting the merits of the case"
FOUR JUDGES QUORUM.
II That it would be most satisfactory to
the people of the state If decision were
rendered on 1.-THE Titus amendment By
only those Judges who are not person.
ally interested in the measure goes with
ID. eycr. II requires four Judges Of the ai1
ner constituting the supreme court TO form
M quorum, Section 1893 of the revised
ay code of 1897 says: THE supreme court
ne shall consist Of six Judges, four Of whom
ao- shall constitute a quorum for the trans
ef. action of business, but one alone may
q. adjourn from day to day, or to partic
i ea ular day, or until the next term. y
%. Not only are four judges required "a
y. order for decision to have force. Sec
CT: ton 1914 OF the code says: "No decision
OF of the court shall be filed until it shall
arg have been considered by the whole cour
ore and concurred in by not less than q MA
n !, jority of the judges" 4.
IKE Were the SUIT other than friendly
!, OF one, that is coming up from the distric
le- court of Washington county, to brinl
about an early decision on the Nttu
" amendment, the probabilities are the;su
~. preme court would be shut out Of heafin,
! me and determining it. It is apparent j
re the amendment is to be passed on b,
,ss' concurrence of at least four judges, ON,
pa of them being directly interested in tn,
me case. 1t is probable the two attorney
ess in Washington county, being persona
e, OF friends, will agree to overlook such dis
ne qualifications. Were the suit unfriendly
ne, then by Directing to the disqualification
Nv. of the three judges named above, eithe
OF party to the action could at once pre-
vent the supreme court from passing ol
the case, and thus force the decision O
- the lower court to stand. "A decieior
De' such as this, however, would have q,
10, effect outside Of the particular case tin
AZ az volved. % &
~. The circumstances are unfortunate fo
s a those members of the supreme cour
~. ~. whose terms are extended by thu
s ! ~! amendment. They, or at least some o
atli them, must take part in the decision, o
I'M the question will remain nndetermined
oo. If a decision shall be rendered upholdin,
m ~ the validity of the amendment. b!
atl' reason Of the position taken by judge
a.: whose terms are extended, they at one
,lle place themselves in q position open Il
.as criticism. The situation is undoubtedl.
|! !tn one of the most peculiar that ever scon
ing fronted the supreme court OF the state
yen and it may prove, as some believe,
~. ~ contri buting cause to knocking ont tn
ne amendment completely. b. IA
. nd What Shall | Wear? /.
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