Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-04-01
Attorney General Mullan Gives
His Opinion to Auditor of
State, Carroll
EFFECTIVE JULY q, 1902
While Mr.. MuIIan Holds the Increase
Of Salaries in Effect Since Last July,
He Also Rules That Certain Pro-
visions Of the Measure Will Not Be
Operative Until January !, 1904.

1
given to Auditor of State Carroll, At
torney General Mullan has held that the
supreme court judges elected subse-
quent to July 4, 1902, are entitled to
| draw salary at the rate of $4,000 per
year, the sum fixed on by the new law
relative to the organization of the court
as enacted by the twenty-ninth general
assembly. AS Attorney General Mullan
linterprets the law, the provision for
Increased salary became effective July
4 last year, notwithstanding the fact
1.-THE measure itself says the act shall
take effect January l, 1904.
AS the result of the ruling, Chief JUS
ltice Charles A. Bishop of this city, and
Judge Scott NJ Laid of Sheldon, are
now entitled to receive $4,000 year
salaries. Chief Justice Bishop is not
entitled to receive the increased pay
| for the time when he was serving by
appointment of the governor as the
successor Of Judge Chas. A. Waterman.
He is, however, entitled to it from the
time when he was elected and qualified
| to fill that vacancy. His certificate of
election dates from September "a, 1902,
and he will draw the higher salary
| from that date. Judge Ladd entered
| on his new term December 81, 1902, and
| he is entitled to draw increased salary
| from that time. lnasmuch as the only
member Of the supreme bench elected
this year will be Chief Justice Bishop,
who will be chosen to succeed himself.
there will be but the two judges named
who will receive $4,000 a year until De-
cember 81, 1904. At that time, Judge
Horace e. Deemer, of Red Oak, will
enter presumably on a new term, and
will be entitled to the increased pay.
December 81, 1905, Judge John c. Sher.
win, OF Mason City, will be given the
higher pay, in the following year Judge
Emlin McClain, of Iowa City, and in
1907, Judge S. NJ. Weaver, of Iowa Falls.
This is on the supposition that each of
the judges now on the bench will be
re- elected for another term. 1t will be
noticed that Judge Weaver will not re-
Iceive the additional salary until four
years after all the provisions OF the
new law become effective.
While Mr.. Mullan holds the increase
| of salaries, is effective now, and the
law really went into effect last July, he
also rules that certain provisions of the
measure will not be operative until the
date named in the law, January 1, 1904.
The law provides for three regular
terms of the supreme court in each
| year. 1t means practically continuous
sittings OF the court, and in effect re-
ouires the Judges to maintain their res
T.. ;,,V oae.
| Of the attorney general, these provi-
sions are in allegiance until January l.,
1904
The situation is one that has attract
| ed much attention among attorneys
and others. The law on the face OF 1t
| is not clear, and the supreme court
Judges themselves, after studying IT,
and after the auditor had refused to
draw warrants for salaries at the high
er rate for Judges Bishop and Laid,
asked that an opinion be given by the
attorney general, as did also Auditor
Carroll.
The two sections that caused the
learned jurists to puzzle their brains,
were sections and z. Section says:
Such judge of the supreme court here
after elected shall receive salary OF
$4,000 per year"
Section Z says: This act shall take
effect and be in force on and after jan
uary 1, 1904
The constitution of the state fixes
July following the session as the time
before which bills enacted without
publication clause shall not go into eff
feet. This measure had no publication
clause. and the query that arose was
whether the salary provision went into
effect July 4, 1902, or January /, 1904
the time named in the law for the act
to become operative. The question was
also involved whether the entire act
did not go into effect July 4, 1902.
Mr.. MuIlan's Opinion.
In discussing the opinion yesterday,
Mr.. Mullan said he had no doubt the
intent of the legislature was in accord
with the opinion, as he had talked the
question over with some of the mem
bers at the last session of the assembly.
He said it was felt by some of the
Judges and some of the legislators that
as the new measure involved practically
residence of the judges in Des Moines,
and the $4,000 salary was too low, the
law ought to be so drawn as not to re-
auire any of the judges to live in Des
Moines too long at the $4,000 salary
The provision of the constitution
against increasing salary during the
term for which elected, had, OF course,
to be kept in mind.