Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-06
WANT FAIR LEGAL TEST
10 Settle Dissatisfaction in Iowa
Over the Biennial Elections
Amendment.
BEFORE A CRISIS is REACHED
1t is Undesirable That the Question of
the Force of the Biennial Elections
Amendment Should be Raised Dur
ing Session of the LesisIature-Th
Real Danger of Defeat.
pecial to Times-Republican

Special to Times-Republican
.Des Moines, Dec. ct is very much
desired by state officials and others
who are directly concerned in the BIZ
ennial elections amendment and the
one increasing the size Of the house Of
representatives that there shall be
some fair legal test of the whole mat
ter long before crisis is reached and
before the matter comes to the atten-
ton of the courts in an unfavorable
or unfair way.
I'VE would not want that question
of the force Of the biennial elections
amendment raised during session Of
the legislature" said member the
other day. 1--WE would not like to have
a legislative session on hand at a
time when the courts We're keeping the
people on the qui vive. Let it be settled
before that time"
This is the attitude and feelings Of a
number of persons who are directly in
terested. 1t has been suggested that
a test case be up as soon as possible
and that it be got into the courts in a
way that will be fair to both sides.
There are political elements in the
state decidedly hostile to the amend
ment and they might with ease get a
case before the court at critical time
and in way that would not be entirely
fair. Just how the case can be got
ured out. The first thing that will
come up in an official way for consid-
GRAFTON of the effect of the amendment
is likely to be that of filing nomination
papers, or perhaps in this county some
step relating to the primary election
law. The next thing would be in re-
lation to proclamation calling an
election next year. But it is believed
some official act can be conjured up
that would get the case into the courts
at an earlier date than to wait for
either of these events; and if SO, a
great many are in favor of having it
DONE To wait until the time for the
extension of terms to begin would
mean the danger of necessity for great
haste in presenting the case and in
judging it.
Nearly all who have consented to
discuss the matter agree that there is
far more danger of defeat for the
thru question of amendment
in one amendment than
c,.~ d. 3o1,
cred by the flaw hunters But if test
case is brought all possible phases will
be presented at one time so that the
supreme court may have decision
that is final. Someone has raised a
question as to the competency Of the
supreme court to sit in judgment on
the case on account Of prejudice. One
half the membership Of the supreme
court is directly affected by the case
and three will get added months to
their present terms in case the amend
ment is declared all right. But just the
same the court will have to consider
the whole question, and If the three
interested do not want to participate
that is their affair.
Governor Cuimmins will issue for
NAL proclamation announcing the
adoption OF the two amendments. He
finds upon examination Of the records
that this was done in 1868 when an
important amendment was adopted and
it was done in 1882 when the prohibi-
tory liquor amendment was put into
the constitution. 1t appears, however,
that the biennial election amendment
adopted four years ago was never an
nounced as having been adopted and
there was nothing done to indicate that
it was favored by the people.
s&&
Secretary Of State John Hay asked
the state officials to make out the re-
turns on the presidential electors on a
special form and to send four copies of
the full vote on each elector and for
all candidates to Washington. Then
there are to be three other copies made.
Why all this red tape is to be follow
ed does not appear clear. The state
officials will set the state printer to
work on the case.
It is learned that already there has
been some effort made to bring pres
sure in certain places to have general
change in the legislative committees
having to do with the redistricting of
the state congressionally. Everyone
agrees that the state must be redis-
tricted at the next session. The COM
mittee which had charge Of that matter
at the last session were opposed to
changing the districts. The situation
has changed materially and redistrict-
Ing is virtually demanded by reason
Of the changed situation. 1t Is con-
coded that Herriott and Clarke will be
the men who will have the naming Of
the committees, and the prospect of re-
makes 1t important that
these committees shall be fair ones.
DR.. Albert Shaw, of New York City,
editor Of the Review of Reviews, was
In the city yesterday. DR.. Shaw is
perhaps closer to President Roosevelt
than any man in the country and it is
known that the president consults him
freely on many questions. DR.. Shaw
had been to st. Louis visiting the ex-
position. then came to Grinnell to spend
4 few days with his old friends there,
then today will visit the state college
at Ames. He called on Governor
Cummins with whom he has been on