Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-03
IOWA NOIAR|ES PUDC
Much Complaint Heard Con-
cerning Five Dollar Fee For
Securing Commission
WORK OF ISSUING CERTIFICATES
for This Making Great
Prosress-Many Applicants and
Bonds Found Defective-Few Re-
hearings Granted by Iowa Supreme
Court.
Special to rlmes-Republ,can.
Court.

issuing commissions to notaries public
in the state is making progress, or
rather the preparations for this is go
ing on. Notaries public are appointed
ficials of the state. The governor may
appoint or not as he pleases, but many
of those who hold notarial commission
appear to think that they have a right
to demand a, commission for the mex,
three years, End this without complying
with very many of the statutory re
quirements. All commissions date
from July for three years. In the
work of getting in the applications and
the bonds it is found that great many
of the notaries fail to get their papers
right. About IS per cent are found
detective The correspondence of Sec
retary of State Martin with those who
would hold notarial commissions is
something amusing. One point on
which some of them complain is that
they have to pay "a fee OF 80 for secur-
ing commission. One applicant wrote
Mr. Martin as follows:
Herewith my bond as notary pub
lie duly certified TO by clerk of courts
and my check for SIS to pay the fee OF
the state, that some Legislature put on
us poor devils, when smaller fee
would have done the great state of
Iowa just as WELL"
The applicant probably doesn't ex-
meet to make as much in the three year
life of the commission and he desires II
lust for ornament Another matter
that causes a great deal of trouble is
In relation to qualifying on the bond
Some of the applicants qualify the
suraties and many have only one surety
on the point of the principal qualify
Ing ossa,s surety. one applicant wrote
tire other day:
Yours of recent date returning my
bond received. Inclosed please fni
corrected one. We do not take any
stock in the supreme court decisions
which ared based on such damned fool
ish principles. but do not blame you
for conforming to what you think is
right"
The "principes" referred to are prac-
ticallv the old common law theory that
one who has material interest IN
bond cannot certify to the sufhc'encs
thereof Another correspondent treats
of the same subject as follows:
Your favor returning my bond ~ r.
is al hand / note what you say IN
regard to the matter. have quasified
before the clerk of court here ana at
Ltachea same TO the bond and return the
same herewith / am surprised al
vo,r position as to the law in THIS mat
tar and more so at that of the attorney
ganeral and had | time / would nave
,ha COURTS opinion on this matter anu
would have no fear that your position
and that of the attorney general would
ha sustained In my opinion the au-
thorities cited have no bearing on tt'e
e,rastion at hand, the opinions therein
arc made uron an entirely dlnereht
,,ro,osition of law and do not feel that
Nv dissent TO your opinion and that OF
the attorney general that l am siio" ms
anv disrespect to you or your opisioli'
herein, nor to the decisions VI .i'e NO.
ar.hle court which you have cited. IN
harmony with your propositioh si'e oil
cial acts of every officer made III "iSie',
the officers tOnQSiilef aiS
would be null and Vola.
And so the Correspondence soe o'
!, good many who submit propeis
.he ordinary regulations requires NC
fore one may be appointed es"lS -.
notary public, and lew iiiaA,ns
! complaints as above. But as s.hee'i o
fore about is per cent OIL ail tiie ooi''
eent in have TO be returned iol ".
ions or changes. one man sent III
hond signed by only one surety s.n.
when asked to comply to the ruie 'ii.'
thare should be two, he got mao anu
saia that me surety could qualily lo'
ha,, a million The work OIL super
,.;sing the bond business is in the hahus
of II n Saherson. of Buena VISA
oonntv who is watching 1t very ciosels'
,rhe supreme court of Iowa IN lts
,,as;,e days this week for the May term
s n,ost of the motions Tor re-
hearing that had not previously
aecided ONLY a few ware granted
INV, WIS ordered III the case OIL
Nicholas Mayer VS.. the STANDARD leie
,.>,,a C,onnanv from Dubuque, and IN
tbe case of Bolton VS.. Bailey, from LINN
,,,y Tho court refused a rehearlns
in the case of Ollie ct al from Foik
county. being an action for a review OF
the action of the assessors IN making ah
assessment against Highland Park COL
iege. The claim was mace una. l'iis
was property dedicated TO educational
uses. The court held that IN sense
this is true, but it is a private schooi
and assessable A rehearlng WAS re-
fused in the case of Jolley VS.. the Mil
waukee railroad, from Calhoun. an in
teresting case involving the penalties
which run against railroad company
for refusing to redeem tickets Inc IN
teresting part of it was ,hat the tickets
We're bought for the express purpose OF
getting into legal tangie with the
company. Another important railroad
case, wherein the court refused TO grant
a rehearing, was that OF Bryce vs.. the
Burlington, Cedar Rapids d Northern,
from the Cedar Rapids superior court,
IN which the court held that the Iowa
safety coupler law. which requires
safety couplers on all cars, does not ap-