Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-04-13
CONTESTS DERBY 5
R|IHT IO CLERKSH|P
Capt. C. H. Shaw to Test lowa's
New Law Regarding Vet
eran's Appointment
FILES PETITION IN MANDAMUs
Begins Proceedings Asking Court to
Employ Plaintiff as City Clerk by
Removing Derby-Temporary In
junction Asked Restraining Council
From Paying Derby's Salary.

A petition was flied in the distrlc;
court late this afternoon in which
Captain c. II. Shaw. of this city, will
test the new Iowa law calling for the
favoring of veterans of the civil war in
public appointments. The city coun-
ell of Marshalltown, collectively and
ellis appointee as city clerk, are made
defendants, and the plaintiff asks that
a writ Of mandamus issue, command
ing and directing the council to APP
point and employ the plaintiff as city
clerk, and remove the defendant Derby
from such office. The petitioner also
prays that temporary injunction is
sue, restraining Mr.. Derby from acting
as city clerk, also restraining the
council from paying money TO its APP
pointee, Mr.. Derby. as salary for the
office of city clerk.
In his petition Captain Shaw recites
that the laws or Iowa on the 4th day
of April. 1904, provide that If a solder
of the late civil war, who has been
honorably discharged, apply to board
for an office. which said board has the
power to fill by appointment and EN-
ployment, said soldier shall have i
preference over other persons of ECU ii
qualifications, providing his age and
disability do not render him incoinpe-
tent to perform properly the duties
of the position applied for.
The petition also states that the law
governing the appointment provides
that the board whose duty it is or may
be, to appoint or employ some person
TO fill such position shall, before APP
pointing or employing any one to 81
such position or place. make an inves
tigation as to the qualification of SAID
soldier, for such place or position, and
IL he is Il man of good moral eharac-
ter, and can perform the dutie.; ot
said position so applied for by him,
said board shall appoint said soldier
to such position. place or employment.
and IL such preference is refused o.
said board, said soldier has the right
to apply to u court of competent jur-
isdiction for mandamus to right such
wrong; that in accordance with SAID
law the plaintiff, who was such a sol
der as aforesaid. on the 4th day or
April, 1904 applied in writing to said
council and board, as such soldier, for
the position Of city clerk of said city,
which said council and board WIS
about to fill, and set out the matters
stated herein, and in addi-
ton thereto called said councils and
boards attention to the fact that he
had short time prior thereto been
city clerk of said city for term of
one year and that the said council AMI
board, without consideration OF said
and in total disregard OF
said law, and without investigation on
said day, appointed and employed the
l. Derby, who was not such
a soldier. as city clerk, said council and
board knowing at said time that plain
tiff was of good moral character, and
was under no disability. as he had been
city clerk, and performed creditably all
and with less help, and at an expense
less by $3.50 a year than SUCH office was
heretofore conducted by said Derby;
that by reason of the failure of the
council to obey the law large sums of
will be paid by the council to
MIR. Derby, which he is not entitled To,
and when once paid can not be recoe.-
cred of him, and great and irreparable
damage may be done unless the coun-
ell is restrained and enjoined from
paying out money to its appointee.
Council Not Alarmed.
Members of the council. in anticipa>
ton of the action, stated to a Times
Republican man a few days ago tina,
they would fight any action that might
be commenced to replace Mr.. Derby.
The manner of procedure. in contest
ing the action, is for the council to
prove that the applicant is not of good
moral character or not competent to
perform the duties of the office, or TO
,ite to the court that the law is, in its
opinion, unconstitutional because of its
lass legislation feature. The outcomc
If the hearing will be awaited with
much local and general interest, be-
cause of the fact that there is no de-
,ision in Iowa. since the law went into !
effect last month bearing on the case \