Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-01-08


p majority vote of two successive legis-
iTlatures. white the states mentioned by
the defendau required only the agree-
4 rent of one l,xislati,re. and ,nasm,,eb
as it's the funetions of the iourna,s,f the
lsfirst general assembly to preserve ,,a,-
manently and refe~g "a, tt,a ,.exr general
assembly. and as no rsstl,..r mod. Il ,,,o-
j Jy:ded by the constitution n c,,, Nc. ,,rs-
served and rsferrs,, n ~, o,b5, 80,
1sthans bv ;e,,terine II f,,,l ,,,,,,s ~ iS.,,,
]rals of boyh bn,,sas ,r ~ ti,.s,
i asse,r,hlv spre..iry ~ ;.t,,s
i shows fha the v,ta ,v.,e rsl.sn a., AZ, !,
i .glesolutiou 81 nd the t,tl. .,s,a.a IL ,1,ba
i eonstit,,tinn ,sf,,,i,as ,t.,t ~, ,,,s.,,,
.lnsnt ifself sha,i H.. s,,s.,sa ,,,,g,,, ~
4 ,,,i,rn,,I l..n, N &, n,
AIr. I3ailey f,,rtb., car,en,,s5 th.t
even if ti,.ss,. :, ,,,.s ,,,s,,,. n
ttfa consritut;n, s.illS,t a., ~,
re dafen, MI ! al
i,t.n,,, ,,
~
If .oss offie..,...
would have otherwise q, 10 ..lsnte,,
4 tho general .s,ectior 4, ,aot
tlere Womb be no el..,t,,, a + ,ba IN, ;.
"a. fillSs The vacanc,.
/ The rourt hous.. y.a . c,.o,,,,,a,,
d.s.inpui.shed ,yrvers ma ,,4,,sls
beine ii, ATTENDANCE.
tlv Interested Il, fta rss,,i, 80 t,.,
onclisiori OF the statement of
lSsiofis the case Jtldpe Dewey il,s d vs,e,l
1.-The Opinion from the bench. ia writing
! s.ne of the first. ii not the first. written
opinion he has ever read from The benc,
! III this county.
/ Notices Of appeal were given at once.
| and the case Will be docketed in a few
fdays int supreme court, and a motion
1 viii be made TO advance it 10 the head
iof the calendar, so it can be submitted
! To the supreme court on the first day of
the term which begins Jan. 10 1t is
Thought that the decision Will be handed
down BY he supreme court at some time
Curing the January term, which closes
nE Feb. 3. The action of the supreme
iseo'irt Will be watched eagerly. but the
general concensus of the opinion here is
that the decision of Judge Dewey will
| not be reyefsed.
JUDGE DENVEY'S OPINION.
Following is, substantially. the opinion
IS handed down by Judge Dewey today.
after stating the facts in the case, as
J heretofore related, Judge Dewey says:
iiilc ISSUES presented by the foreso-
4 inS allegations and conceded by the de-
haurier present fairly to the court two
distinct propositions:
First was the proposed amendment.
10 the constitution, entitled An Act to
Amend the Constitution, So as to Pro-
VIDE Tor Biennial Elections, and des.g-
lated section 10 of article II of the con
l3slitution, legally presented and adopted.
| / ma Is y now part of the constitution
second, II so. under the terms of
ssueh amendment is The relator entitled
70 the possession of the Office of county
attorney Tor Washington county for the
term beginning JAM. 4. 1901?
II the first proposition be answered
III the negative then it disposes wholly
OF the second, ard hence we turn our
lattantion directly to the consideration
lscr the FIRST qucry
w hen The people of this state thru
their representatives. chosen for that
ontpose, first adopted constitutions
they reserved the high right guaranteed
10 the people of a democratic form of
government by declaring therein that
All political power is Inherent in the
people. Government is Instituted for the
protection, security and benefit of the
people, and they have the right at all
times to alter or reform the same when
ever the public good may require it.
IstSee constitution 1886, article i. section.
is2)
Fortified behind this substantial bull
wark of state security, the people of
Iowa rested with safety as touching any
authority to disturb their fundamental
T laws or in any manner to alter or re-
form the same except by their knowl-.
edge and consent. Under these conditions
end With this great principle preserved.
the people of Iowa remained content
Until 1856, when at an election held on.