The Leon reporter. (Leon, Iowa) 1887-1930, 1904-12-08
NO GOOD GROUND TO QUESTION
VALIDITY.
Biennial Elections and Temple
Amendment are Safe.

~ " ''AeAA oAAo
to the validity of the constitutional
amendments recently adopted by the
people Of Iowa is that there is no known
way in which they can be called to the
attention of the courts.
1t doesn't seem to matter very much,
according to the views OF very excel
lent lawyers, whether the amendments
were submitted properly or improperly,
whether they are inherently bad or
good, or whether they are valid or full
Of holes. For it is said that there is no
way in which the attention of the
courts can be directed to scrutinizing
of them.
No one is going to be hurt by them
and, therefore, no one has right to
haul them into court. If an officer were
going to have his tenure cut down or
some officer couldn't get possession of
his salary because of the amendments
there would be means to get them
onto court docket. But no such cases
are possible under the amendments
which were adopted last month.
The extension of the terms of Office of
a number of officials hurts no one, spe-
cifically. The man who is elected gov
ernor in 1906 will have two years to
serve just the same as if he were elect
ed in 1905; so with the other Offices
then to be filed.
The biennial elections amendment
was called to the attention of the
courts in 1905 because the language of
the amendment extended the terms Of
officers whose successors were elected
at the same time that the amendment
was adopted. In Washington county,
for instance, a county attorney was
elected, but the amendment adopted
simultaneously extended the term of
the officer then in possession for one
year. He refused to give up the office
and the man who had been selected
brought suit to enforce what was an
apparent right; which tested the valid
| ity of the amendment. But no such
condition is possible under either of
the amendments adopted last month.
| And lawyers rather believe that dis
cussion as to whether the amendments
were properly submitted, properly
adopted or valid or invalid, in them
selves, is futile,
TEMPLES VIEWS ON IT.
| Colonel M. L. Temple Of Clarke coun-
ty, author of the amendment increasing
the number of members Of the lower
house to maximum of 10S, was in the
city yesterday and said that in his judy
ment there was no way in which the
amendment could be attacked in the
courts. He said: "When the legislature
of 1907 meets it will be composed of
members elected in pursuance of law
Of apportionment of legislative districts
passed by the assembly Of 1906 in ac-
cordance with the provisions of the
amendment relative to the increase of
members of the lower house. Suppose
that the legislature of 1907 passes some
criminal statute and someone is indict-
ed and tried under that statute. 1t will
be possible then for the defendant to
plead the invalidity of the law, alleging
invalidity Of the constitutional amend
ment, and in this way the amendment
can be called to the attention of the
court"
| Mr.. Temple thinks the objections
which have been raised to the amend
ments on the grounds that they include
several amendments which should have
been submitted separately instead of
together, is invalid and not effective.
He does not believe that it was neces-
sary for the assembly to submit the
question of striking the word white
from the constitution, wherever it ap-
peared, in five different amendments
affecting each section in which the
word appeared; it might have been
done by single amendment, in his
Judgment.
| The really interesting thing about
the amendments to Colonel Temple was
the fact that they received from 1OO,-
900 to 100000 less votes than there
were voters at the polls; and the cur
ious attitude taken by some of the
counties on them. For instance, Clarke
county, small county, because it is
shy a tier Of townships, and which has
had a representative all it's own for ten
years in direct violation of the present
4 impossible allotment provided for in
the constitution, gave the amendment
which guaranteed it at least one repre-
sentative always, onlyta very small ma
|jority; and the twelve counties which
were directly and specifically benefited,
lgave it but small majorities, also.