Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-28
Many Suits For Back Pay For
Offices Demanded Under the
Preference Law Likely
THE TEXT OF THE STATUTE
Provision Made for Suing for Damage.
Where the Applicant Is Denied the
Office and Afterwards Proves His
Right to Hold same-Many Possi-
bilities III the Law.

Special to Times Republican,.
Des Moines. Nov. 2S.-The action Of
an old settler In Appanoose county In
suing the board OF supervisors Of tha;
county for back pay from the time that
he applied for the position there OF
overseer Of the poor is serving to call
to the minds OF the public the possible
|ities Of the old soldiers preference law.
It is expected that there will be many
such suits Many old soldiers have APP
piled for positions and been refused,
but will now bring action for the po-
sitions and back pay from the time
they first applied. There are many 9TH
er possibilities in the law that are yet
to be Drought before the public. In
the Appanoose county case the appli-
cation for overseer Of the poor was
made some time ago, when the law first
went into effect. The law does not only
operate to secure positions now to pro-
tect an old soldier In position but
gives q chance to collect damages in
case position is refused. AS the
law Is short and will likely be very
much before the public from this time
on, 1t is given here in full with the
exception Of the title and the enacting
clause at the end. It is as follows:
r. Section 1. Preference in appoint
ments and promotions. That in every
public department and upon all public
works in the state Of Iowa, and OF the
counties. cities and towns thereof,
honorably discharged soldiers, sailors,
and marines from the army and navy
O8l the United States in the late civil
war, who are citizens and residents OF
this state, shall be entitled to prefer
ence In appointment - employment and
promotion over all persons OF equal
qualifications and the persons thus
preferred shall not be disqualified
from holding any position hereinbefore
mentioned on account of his age, or by
reason Of any physical disability pro-
vided such age or disability does not
render him incompetent to perform
properly the duties of the position ap-
piled for and when such soldier, sailor,
or marine shall apply for appointment
or employment under this act the Off
Ger, board or person whose duty 1t is
or may be to employ some person to
fill such position or place, shall, before
appointing or employing anyone to fill
such position or place, make an inves-
tigation as to the qualifications of such
soldier, sailor or marine for such place
or position, and IL he is man of good
moral character and can perform the
duties OF such position so applied for
by him, as hereinbefore provided, said
officer, board or person shall appoint
said soldier, sailor or marine to such
position, place or employment. A re-
fusal to allow the preference provided
for in this and the next succeeding
section to any honorably discharged
soldier, sailor or marine or a reduce
tion OF his compensation intended to
bring about his resignation or dis
charge, entitled such honorably dis
charged soldier, sailor or marine to a
right Of action, therefore, in any court
or competent jurisdiction for damages,
and also remedy for mandamus for
righting the wrong.
Section 2. Removals. Any person
whose rights may be in any way
prejudiced contrary to any of the pro-
visions of this section shall be entitled
to a writ Of mandamus to remedy the
wrong. No person holding a position
|.by appointment or employment in, the
state OF Iowa, or In the several coun-
ties, cities or towns thereof who is an
honorably 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 In
competency or misconduct shown after
hearing upon due notice. upon stated
charges and with the right Of such en-
ploye or appointee to a review by a
writ OF certiorari. The burden of Prov
| ing ircompetency or misconduct shall
rest upon the party alleging the same
Nothing in this act shall be construed
to apply to the position OF private sec
retary or deputy Of any official or de-
partment, or to any person holding
strictly confidential relation with the
appointing officer.
The last sentence Of the first section
Is the one counted on by the old SOL
diers to give them their back pay.
lIl0T0 is d CdSS III tIiiS SiSy NaCL~ 1ii
old soldier applied for the position OF
city clerk last spring and was refused.
There are probably dozens OF such
cases in the state. Another great pos
sibility where the law will likely act
in effect at least is in the session of the
Legislature soon to open. 1t is learned
| that there are to be some applications
| by ole soldiers for positions there tha,
have heretofore been held by men who
never fought In the civil war. A num-
Der Of tle old employees who have held
their positions for years being appoint
| ed by succeeding legislatures are
| trembling in their boots and have ev-
| cry reason to suspect that they will
lose their positions A possibility Of
the law is that an old soldier may not
only ask for position whom there is
q vacancy but may aaeo as for the dis