The Leon reporter. (Leon, Iowa) 1887-1930, 1904-10-13
LAW is UNCONSTITUTIONAL.
Law FaYorlnS Old Soldiers in APP
pointment to Office Uncon-
CONSTITUTIONAL.

At the last session of the legislature
a law was passed giving old soldiers the
preference in the appointment to GER
tain class of Offices under the state adj
ministration. 1t was thought the Offices
of oil Inspector was in the list. When
the matter OF the reappointment of j.
B. Currie, Of this city, came up before
Governor Cummins, the matter was de-
ferred until the courts had decided on
the constitutionality of the law. A
number of oil inspectors were not reap
pointed for the same reason. In this
district, Capt. A. E. Holland of this city,
also an old soldier, was an applicant for
the position held by Mr.. Currie, and
presented petition to the governor,
numerously signed, asking for his APP
pointment. The appointment has not
the governor is still waiting until the
courts decided the point at issue.
The decision comes from the district
court at Marshalltown:
"In ruling upon the demurrer in the
case OF A. q. Shaw vs.. the city council
of Marshalltown, Judge Caswell, of the
district court, held that he soldier pre-
ference law passed by the last general
assembly was unconstitutional. The
city demurred to the petition of Shaw,
asking for a writ of mandamus to compel
the council to appoint him city clerk,
instead Of L. Derby, the present incum-
bent, under the provisions of the new
law granting the preference to honor
ably discharged old soldiers of the civil
war for the appointment to public posi-
ton.
Judge Caswell sustained the demur-
rer as whole. Class legislation is the
view taken by the court in reference to
the new law, and because il is declared
to be class legislation, the court holds
the law unconstitutional.
Judge Caswell said that he himself
was one of the many who might be
benefited by the law, for he was a SOL
dier of the civil war. 1t might natur-
ally he expected that he would consider
the matter carefully, for he would be
anxious to do everything possible for
the benefit Of his comrades. He could
not see, however, how the law could he
construed as constitutional although he
realized that there might be "a differ
ence OF opinion among jurists. He con-
sidered that had it not been race legis-
lation, there would have been no civil
war, ard therefore no need of the law
passed by the. last assembly. If the
law, as he understood it, is class legis-
lation, and he firmly believes it is, it
must necessarily be unconstitutional.
T 1t is not likely that Governor Cum
Minis will appoint an oil inspector in
this district until the supreme court has
rendered an opinion upholding the de-
cisjon of the lower court. Mt. Ayr
Record.
& Lulu Stanhope, st. Louis; 81 used to
have a horrid complexion. took Hol-
listers Rocky Mountain Tea and am
called the prettiest girl in the city,"
Tea or tablets. 80 cents. W. @. Stempel
s. Co.
Mesdames George P. Campbell, of
Davis City, and M. "A. Snapp, of
Worthen, Texas, arrived here Friday to
visit with the formers daughter, Mrs.
n. H. Martz.-C Charlton Herald.
For eruptions, sores, pimples, kidney
and liver troubles, constipation, indiges-
ton, use HOLSTERS Rocky Mountain
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