The Leon reporter. (Leon, Iowa) 1887-1930, 1905-11-30

preference should be given in all cases
to graduates of the state university, or
to citizens born within the state, or to
those owning property up to a certain
fixed value or to those who belong to
certain fraternal organization or relig-
ious sect.
"The act gives preference only to the
soldiers of the war of the rebellion. 1t
is we'll known that have in our midst
remnant of the sololers who engaged
in the war with Mexico and we have an
army of men who followed the flag in
the more recent war with Spain. Now,
If service in the army or navy could be
made a ground of distinction such as to
justify legislation granting privilege
of the character here intended, upon
what possible theory can there be con-
stitutional warrant for drawing line
between the men who fought at Vicks-
burg under Grant and those who follow
ed Roosevelt up San Juan hill?"
The soldiers preference law was in
PRODUCED in the house during the last
legislature by Representative E. j. C..
Beeler, of Linn county, civil war
veteran. 1t was passed by the house
without much discussion, Representa-
tive +. N. Buo bingham, of Buena Vista
county, being the only member of the
entire legislature to vote against it.
Senator s. H. Harper, present command
er of the Iowa G. A. r. department.,
introduced the bill in the senate and
it passed there without a dissenting
vote. The law is entitled, can act reg
ulating appointments, employment and
removals in the public departments and
upon the public works in the state OF
Iowa, and the counties, cities and towns
thereof" and it is in full as follows:
Soldiers Preference Law.
Section 1. That in every public de-
partment and upon all public works in
the state of Iowa, and of the counties,
cities and towns thereof, honorably dis
charged soldiers, sailors and marines
from the army and navy of the United
States in the late civil war, who are
citizens and residents of the state, shall
be entitled to pre:e: eace in appoint
ments, employment and promotion, over
others persons of equal qualifications
and the persons thus preferred shall
not be disqualified from holding any
position hereinbefore mentioned on ac-
count of his age or by reason Of any
physical disability, provided such age
or disability does not render him incom-
potent to perform properly the duties
of the position applied for, and when
such soldier, sailor or marine shall
apply for appointment or employment
under this act, the officer, board or per-
son whose duty it is or may be to APP
point or employ some person to fill such
position or place, shall before appoint
ing or employing anyone to fill such
position or place, make an investigation
as to the qualifications of said soldier,
sailor or marine for such place or posi-
ton, and If he is a man of good moral
character and can perform the duties of
said position so applied for by him, as
hereinbefore provided, said officer or
board shall appoint said soldier, sailor
or marine to such position, place or en-
ployment. A refusal to allow the pref
erence provided for in this and the next
succeeding section to any honorably
soldier, sailor OF marine, or
a reduction OF his compensation intend
ed to bring about his resignation or
discharge, entitled such honorably dis
soldier, sailor or marine to q
right OF action therefor in any court of
jurisdiction for damages and
also remedy for mandamus for right
ing the wrong.
"Section ,. Any person whose rights
nay be in any way prejudiced contrary
to any of the provisions of this section
shall be entitled to writ of mandamus
10 remedy the wrong.
mo person holding position by ap-
oointlnent or employment in the state
of Iowa, or in the several counties,
cities or towns thereof, who is an honor
IDLY discharged soldier, sailor or marine
having served as such in the union
army or navy during the late civil war
shall be removed from such position or
employment except for incompetency or
shown after hearing, upon
iue notice, upon stated charges, and
With the right of such employee or APP
'olntee to review by writ OF certi-
'rari. The burden of proving incom-
)etency or misconduct shall rest upon
he party alleging the same. Nothing
n this act shall be construed to apply
o the position of private secretary or
leputy of any official or department., or
my person holding strictly confiden-
lal relation to the appointing officer
w. A. Herren of Finch, Ark, writ ties
l wish to report that Foleys Kidney
jure has cured terrible case of Kid