Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-22
Supreme Court Says the Sol
diers' Preference Law Is
Constitutional
is NOT CLASS LEGISLATION
Justice sherwin. Holds State Has
Same Freedom in Selecting EN-
pIoyes as Individual Employer
officehoIdins Right That Can Be
Taken Away by Power Granting It.
to Tlmes-Republtcan.

0PcClS0l 10 1AilSS'1SSpAOAESeAAss
Des Moines, Nov 22.-The state SUI
preme court has declared the Iowa
soldiers preference law constitution
al. In an opinion reversing Judge
,Obed Caswell, Of Marshall county, in
the case Of C. H. Shaw vs.. City Coun-
Gil of Marshalltowrl, majority Of the
court holds the law valid. Two JUS
tees, Bishop and Weaver, dissent. Jus
tice Sherwin wrote the majority opin-
ion.
The decision of the court came as a
surprise, as it was generally believed
the court would hold it was class leg
islation. The law, in effect, makes 1t
mandatory upon officials to appoint
veterans Of the civil war to office
where they are applicants. providing
their qualifications are equal to other
applicants. The decision is Of the ut
most Importance, as 1t will affect a
large number of men and women hold
ing appointive offices in the state. In
nearly every town and city In Iowa old
soldiers have applied under the law
for the positions filled by appointment.
The case decided was a test case
brought from Marshall county. G. H.
piled for the position of city clerk. The
town council appointed L. Derby, who
was not veteran. Shaw brought suit
in the district court. Judge ,Caswell in
ruling on the demurrer filed by the
city council held the law unconstitu-
tional. The case was appealed to the
supreme court. Some Of the most
eminent lawyers in the state. including
Col. Chas. A. Clark, OF Cedar Rapids.
were secured by the G.. "A. r. to fight
the case in the supreme court.
Opinion by sherwin.
One Of the principal points Of Chief
Justice Sherwin's opinion, which COW
ers about fifteen typewritten pages,
is covered in his conclusion, which is
as follows:
"a legislature containing many able
lawyers, and an executive WHO is him
self one of the aJblest lawyers of the
state, all acting under the solemn OBJ
legation to support the constitution of
the state, have passed upon the act,
and we should not declare it unconsti-
tutional unless we find it clearly or
plainly so" a 6
The appeal was based upon CHAPTER
g Of the Thirtfeth Iowa general assem-
bly,, and was fought as an alleged VIC
lation of Section 5, Of Article / Of the
state constitution.
Chief Justice Sherwin bases his
opinion upholding the constitutional
ity of the law, upon the argument that
holding public office is not privilege
or immunity of citizenship as inter-
preted in the constitution. He declares
that the trainers of the constitution
made their view Of this plain in that
women are accorded citizenship, but
are barred from the right of suffrage
and from certain offices which are
designated to be filled by males. He
says that office rights are not greater
than suffrage, that the courts have
held that office holding is not a per-
sonal or natural right, but political
or civil right that is simply conferred
and can be taken away by the pow
ers granting 1t. Consequently, he
reasons, it is not natural right, in.
alienable like conscience.
Offices he declares are created for
the benefit of the state and not per-
sons. He holds that the state or the
public is entitled to the same freedom
in selecting employees as the individ-
ual employer who may pick workmen
from certain class If he so desires.
Were it other wise, he argues. the lib
erty of contract would be destroyed;
consequently the town, state or coun-
ty Is entitled to specify the requisites
OF its employees.
As to Class Legislation.
Z He declares that the law cannot be
termed higher class legislation, as Of
flee holding In the eyes Of the law, is
not a privilege that can work Inequality
OR injustice and, consequently, cannot
contravene with the constitution.
He cites that New York and Kansas
have had similar laws. The decisions
in Massachusetts, which the opponents
FOUND.
hi II