Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-10-20

WAS PASSED ON IN 1862
State Senate Had Up Similar Case
and Supreme Court Decision Was
Rendered - DoIIiver Talks About
Stock Shippers Bill to Kansas Com
missioner-Is Reasonable.
pecial to TImes-Republican.

Special to Times Republican.
Des Moines, Oct. 20.-Anent the re-
fusal of the state officials to fall in
with the scheme hatched by Editor
Smith of the State Line Democrat for
making a gain of one in the legisla-
ture the fact is recalled that ques-
ton as to vacancies Of similar nature
came up once before. Smith filed the
papers nominating a democrat by pc
tition to fill an alleged vacancy due to
the assertion that Representative
Summers has been appointed on pen
sion examining board. The papers
were refused on the ground that no
official vacancy existed and that there
could be none until the governor was
officially notified of death or resig-
nation and proclaimed an election to
fill the vacancy. Deputy Secretary of
State Dan Hites, who has charge or
this branch of the state business, mas
received a letter from William IL.
Fleming, now in Washington caring
on the subject and pointing out .Ae was
right, In making the, refusal. Mr.
| Fleming is possessed of one of those
wonderful memories which beats a
perpetual index to national events. Mr..
Fleming recalls this incident:
1.-The question was once passed upon
! by the senate of the state. Perhaps
your attention has been called to 1t;
If 1t has, no harm can come from my
speaking of it. 1t. was in the year
1862. Col Bussey, of Davis county,
and Lieut.. Col. Scott, of Story, both
members of the senate, had accepted
the commissions that gave them those
titles. Their seats were claimed by
J. L. Dana, of story. and Samuel Pol
| llard, Of Davis. A special committee
Of which Judge Woodward, then rec
entity retired from the bench of the
supreme court, was chairman, consid-
cred the case. The committee re-
oorted that the acceptance of the COM
missions in the volunteer army vacated
their seats in question. Marcus L. Nc
| Pherson, an uncle of Judge Mcpherson,
| lissented, holding that the two sena-
tors were only officers in the militia,
md were as such permitted by the
constitution to hold seats in the gem
eral assembly. The committee, how
ever held that the election of the two
claimants was a nullity, the governor
not having given notice of the vacan-
lies in his election proclamation or
otherwise, citing article 3, paragraph
,, of the constitution in support of the
position. The committees report
;eems to me to leave no room for any
other opinion. Nevertheless while the
senate declared the seats vacant by a
large majority the other part of the
committees report was adopted by a
majority of only one. Pollard was a
democrat and l think Dana was also.
But the committee did not divide on
,arty lines. Two of them were dem
ocrats, Gray and Ainsworth, who was
1fterwards in congress for one term
nd all were very good lawyers
This accords perfectly with the po
'ition which was taken at the time
" Deputy Secretary Dan Hites. The
,omination of candidate where there
5 no real vacancy cannot be accepted
is understood the democrats of Van
suren have abandoned their attempt
20 get the name of their candidate on
he ticket.
Some question has been raised as to
how the republicans of PoweshieI
re going to get the name Of their
,andidate for the legislature on the
official ballots when the democrats
# Wapello county failed to get theirs
IN the ballot. The democrats filed
October 10, while the filing from Pow
shiek must come later. Both are to
I'll vacancies. But the proclamation
or the election to fill vacancy in
Wapello came along with the regular
proclamation, and there is special pro-
ision in case of late vacancy such
IS that in Poweshiek, under which
nore time is given for fling. If the
ooweshek county candidates name is
.eceived by next Wednesday it will be
time.
Senator Dolliver has been down in
~ansas mingling business with politics
or he has some property holdings
here which need looking after. He is re-
orted at Wichita as having encounter
A persons deeply interested in tn
Ian to have the interstate commerce
w amended so as to give the com
ission the power to fix rates, and he
We his interro ~ators satisfaction. Th
ci1ent was reported thus:
"senator Doliver and j. W. Robir
m, republican candidate for railroa
nm ssioner had an extended tai
the railroad question. Robinson ev
asSe1 the opinion that the peopl
ould never he satisfied until congree
othe1 the interstate commerce con
ssion with the authority to pae
on the reaeonableness of freig,
tes and to put in rates where neces
w. That was the only solution @
he railroad problem IN his judgmen'
he senator asked him II the peopl
would permit the roads to combine Or
rates in the event that the interstate
commerce commission was clothef
with the power suggested. Robirsoa
said the people would probably have