Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-31
which legislatures place upon their owl
BILL.

which legislatures place upon their own
statutes
John McAllister and N. u. Kendall,
representing Linn and Monroe counties,
respectively, spoke for the bill when
1t was pending in the house. Their
| remarks were a part of the official
record OF the body. Warren Walker,
attorney for the plaintiff, who seeks
to have the law sustained, says in ex-
PLANTATION Of the presentation of these
speeches to the court: Legislative
construction is of no little Importance
in constitutional exegesis."
The attention of the supreme court
also Is directed to the fact that Gov
ernor Cummins signed the soldiers
preference bill. an assumption that he
considered 1t constitutional, and the
brief adds that Outside OF his official
position as governor he is admitted to
be one Of the best constitutional law
yers in the state" Executive interpre-
tation of the constitution also is fol-
lowed by the courts as shown by a
score of cases cited by Mr.. Walker.
The soldiers preference law was
passed by the legislature of 1904 and
was designed to give veterans of the
civil and other wars preference in pub
lie appointments, all other things be-
ing equal. The theory was that after
soldiers had passed whatever civil SER
vice requirements were fixed, as to ca
pability, etc, the legislature had the
right to provide that they should be
first appointed to vacancies In the
public service; just as the legislature
would have the right to direct the APP
pointment of those who stood highest
in an examination. G. III. Shaw asked
the council of Marshalltown to make
him city clerk on this basis, but 1T Sc
lected another man who was not
veteran. He appealed to Judge Obed
Caswell, who held the law unconstitut-
ional. The appeal is being prosecuted
before the supreme court by the Iowa
department of the Grand Army of the
Republic.
Attorney Walker sets out in full the
Kansas, New York and other court de-
cisions, showing that in appointments
to public places it is competent for
the legislature to require soldiers to be
given preferences for their training as
better fitted them for the discharge of
their duties and the nation owes them
consideration, an obligation which dis
charged becomes an encouragement to
the younger generation toward patriot-
ism.
"There was time" says the attor-
ney in his argument, when 1t was
considered that the soldiers and sail
ors had some rights the people were
bound to respect and we are satisfied
to- 1u n
that time has passed.
II am satisfied that most of the peo-
pie appreciate what was done and ac-
complished by the soldiers and sailors
in the war of the rebellion, but every
once in while we are reminded, by
some one who dares not face the enc
mics of his country, that we have no
rights that they are bound to respect,
that we are back numbers, and have
outlived our days of usefulness. and
they take occasion to endeavor 10 pc
little their services"
Mr. Walker recalls resolutions adopt
ed by the Union Veterans union In
1899 condemning the board of control
for rule relating to burial of members
of the Soldiers home and says:
This was the compliment we re-
ceived at the close Of the nineteenth
century. Now in the dawn of the
twentieth century. we again hear from
Marshalltown, and their compliments
appear to have grown with their
growth and strengthened with their
strength, and we are now notified by
the city council, their clerk, city attor-
ney and the district Judge, that we
have no rights which the soulless cor
poration nor its officers are bound to
respect, and that they will pay $3.50
per annum rather than give an old
soldier an equal chance to make liv-
ing, but we opine that there is a high