Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-08-10
Rule of Preference For Elk.
Soldiers Does Not Apply to
Municipal Positions
JUDGE ADVOCATE MAKES REPORT
Charles a. Clark, of Cedar Rapids
Expresses Opinion That IL Would be
Difficult to Enforce the Law Against
City counciIs-6is Disappointment
to the veterans-Hist istoricaI Relics.
Special to Times-Republican.

| Special to Times Republican.
| Des Moines, Aug 1O.-The new Law
of Iowa requiring application Of civil
service rules with regard to preference
for ex-soldiers In all civil employments
OF public character, does not apply
to positions within the gift of city
councils. This fact was so reported by
Charles A. Clarke, of Cedar Rapids
judge advocate Of the Iowa department
who expressed the opinion that the
powers and duties Of city councils are
such that 1t would be difficult to en-
force the law against them. This will
be disappointment to many old SOL
diers. for 1t is employment in municipal
service that offers the greatest oppor-
tunity for the soldiers to secure posi-
tions they are capable of filing Col
Clarke also reported officially that
| there Is disposition to resist the Law
by public officials. but did not state
what clas9 Of public officials have
shown this disposition. It is note
worthy that great many of the ap-
pointments to state positions this year
have been of veterans Of the wars, but
this was not due to the law as much az
the desire OF officials and boards hav-
ing charge of the matter to give the
preference wherever possible. There
was some talk at one time Of candi-
date for state oil inspector bringing
suit to secure a place filled by another
| who was reappointed, but nothing has
come Of this. AT the time the bill wae
before the Legislature several members
of tffe general assembly privately ex-
pressed the opinion that the bill would
as law. cause a great deal OF trouble
to persons having authority In the mat
ter of employment of employees Of var
ious kinds; but this has not as yet
been shown. The report made by Col.
partment Of Iowa was as follows:
During the session OF the legislature
OF Iowa last winter you requested me
to draw bill for an act giving our
comrades of the civil war preference
in the matter Of appointments. ac-
cordingly drew a bill for an act for
such q law, and submitted 1t to you.
With your approval this was placed in
the hands OF our comrade, Hon. r. J..
C. Bealer. member OF the house from
Linn county. Thru his able and zeal
Gus efforts the bill became a law sub
stantially as drafted by me. The
thanks Of the department are due to
Comrade Bealer for his prompt and eff
ficient influence and action In securing
this result. The matter covered by the
law is ore of great importance to our
comrades and 1t Is not doubted that it
will be of great assistance to them in
securing the public employments TO
which they are entitled. 1t Is already
evident that in some quarters at least
the law will be resisted by the public
officials who ought to obey it. The
constitutionality OF such laws has been
thoroughly tested In the states Of
Massachusetts, New York, Minnesota,
and others, and they have been sus-
tained by the supreme courts Of those
states. II appointment and employ
ment is refused to a comrade under
this law, he may bring his suit for
damages against the officials refusing
to appoint or employ him. or he may re-
view their action by writs Of certorari
or mandamus. The remedies provided
are abundant. The law ought to be
respected without litigation, but IL liti-
cation becomes necessary it ought to
be enforced in and by the courts. Prob
ably it does not apply to city councils
whose elective powers and rights it
would be difficult to coerce, but there
are few, il any, other boards or officers
OF the state to whom it does not apply
in,
the law itself"
The state historical department has
many relics. not of themselves, hand
some or interesting, but because OF his.
torical associations of real value in sucn
collection. One such is an old brick,
presented to Curator Charles Aldrich.
1856 years after it was made, by w. D.
F. Lummis, LII. D., Of this city, who
picked it up at West Point. when he
was there in 1883. by appointment of
the president rs one of the examiners
or official visitors at the United States
military academy. The story of the
brick and its association is told as fol-
lows on the inscription:
Il took 1t from the tumbled down
walls of the magazine Of Fort Putnam.
built by General Putnam in 1916. as
sisted by Kosciusko as chief engineer.
and who was afterwards made major
general by congress In 1879 the for
tification of West Point was completed
In 1880 Benedict Arnold was placed in
and September q he had ar
ranged by correspondence to meet the
British Major Andre to draw up the
articles OF betrayal and surrender of
the fort to General Howe. who was IN
of New York City at that
time This was one of the good bricks
which enclosed the powder that ought
to have been used in dropping shell on
the deck OF the sloop Vulture at an
chor in North River, after having land
ed Andre that dark night of September
81, 1880 The farm house at which Ar
nold's wife and baby boarded Is not half
a mile from the south side of the river