Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-03-18

WILL ASK WRIT or MANDAMus
Or. w. S. Devine, Candidate for coun-
Gil in Second Ward, Affected, Also H..
A. Christensen, for Park Commits
sioner = List Of the Candidates,
Shown by Petitions.
Shown by Petitions.

Did the statuatory limit for filing
nomination petitions for the municipal
election on March Is. expire with
Thursday, or may petitions may be filei
CURED by law, include today, or must
there be ten full days? These are
questions that will likely have to DE
determined by court, in view of the
fact that City Clerk Derby refuses to
file the petitions of DIR. w. S. De-
vine as councilman from the Second
ward and H. A. Christianson, as park
commissioner.
The statute requires that nomination
petitions for elections must not be filed
more than forty days, nor less than tel
before the day fixed by law for hold-
ing an election. The question to be
submitted. therefore. in mandamus
proceedings, compelling the clerk to
file tine petitions, is whether the 18th,
today, is not less than ten days before
the day fixed for the election. Ihe
candidates, who are affected believe
that the 18th should be included; City
Clerk Derby thinks that the time for
filing expired With the hour for clos
Ing business at the clerks office. at
Thursday evening.
Members Of the council have moth
ing whatever to do with placing the
names on the ballot. The action lies
with the city clerk. and in order 20
ascertain whether he reads the law
Alright, and is upheld in his contention,
the probabilities are that friendly SUIT
will be brought against the clerk, IN
the shape OF mandalnus proceedings,
seeking to compel the officer to do
what the candidates think Is his duty
The action, which will be brought by
one of the two candidates, will be 4
test case, and in every way will be
friendly.
The candidates who had filed their
petitions with City Clerk Derby up 10
the time Of closing business Thursday
evening, in the order of their filing,
are us follows:
First ward-Peter Olson, Q. l.. 1ngle-
due, 4. r. Waterbury.
Second ward-R. w. Mcbride, p. =.
Wanberg.
Third ward---J NJ. Cooper, G. w.
Harris, A. B. Van Sickle, G. w. CAL
hour.
Fourth ward-Isyron Webster. II. L.
Cetz. Myron r. Wiltse, Louis Probst.
Fifth ward---D. F. Arnold, w. G.
Craig, Charles Wassmer.
Sixth ward-Merritt Greene. julius
c. Holm, n. Fl. Meade. John A. Sieg, r.
w. Iseman. George w. Smith
Park commissioners. NJ. Mohr. f..
NJ. Rubee Charles r. LaPlant, Will
lam Fisher, S. w. Rubee.
In the above list all are independent
candidates with the exception OF Oh
son in the First. Wanberg In the Sec
ond. Van Sickle in the Third. Wiltse in
the Fourth and Holm and Meade in the
mated their candidates as a ticket.
S. w. Rubee Will Withdraw.
OF the nomina tons for park COM
missioner Mr.. S. w. Rubee, secretary
of Riverside cemetery, who has been
urged to run as park commissioner,
will withdraw his name. He has re-
fused the urgent solicitation OF his
friends from the start. because of the
fact that his entire time is occupied IN
his present duties. Mr. Rubee's name
was placed by petition without his
knowledge, nevertheless he appreciates
the kind wishes of those who have
urged his candidacy. There is no doubt
but that Mr.. Rut,ee, If he consented to
be a candidate, would be one OF the
strongest in the list. He has had
wide experience in parks, and that he
has been successful beautiful Riverside
testifies. Those who We're Instrumental
III bringing him out will regret very
much to learn that he will not be a
candidate.
Asks FOR Opinion.
City Clerk Derby this afternoon ask
ed City Solicitor Van Law for writ
ten opinion with reference to placing
on rhe ballot the names OF candidates
whose petitions were filed with him
later than Thursday. Mr. Van Law
has taken the matter under adyisement
and will probably submit an opinion
a PjTlEtiI CASE