Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1905-04-07
NO MORE ANNUAL
ELECTIONS IN IOWA
Supreme Court Sustains The
Elections Amend
ment.
DECISION IS VERY SWEEPING
Various Matters We're Included In
Question-Say That Inference That
It Applies to School and Municipal
Elections is Wholly Imaginary.

elections amendment to the state con-
stitution was sustained by the Iowa
supreme court in a unanimous opinion
yesterday. This finally settles the
long controversy over the constitu-
tionality of the amendment, which has
been twice adopted by decisive vote
Of the people. The first adoption was
in November, 1900, but that amend.
ment was later declared unconstitu'
tional by the supreme court and never
ment was passed by two legislatures
and voted upon at the general election
last fall This amendment IS now ap-
proved by the supreme court in all
opinion written by Justice Scott M.
Ladd, with the concurrence OF all the
other members of the court.
The amendment in brief provides
that hereafter all the general elections
of the state shall be held in even-num.
officers which expire in odd-numbered
years shall be extended one year to
come within the even-numbered bien.
NAL period. This does away with a
general election this fall and sets the
election of all state and county Of
ticers for November, 1906, and bien.
NAL thereafter. In accordance with
the extension of their terms all the
members of the last legislature will
constitute the general assembly which
convenes next January. Another ses-
sion of the legislature will be held the
| following year also. beginning in jan
uary, 1907, it's members being elected
in November, 1906.
The state officers whose terms are
extended by the amendment are Gov
ernor A. B. Cummins, Lieutenant Gov
ernor John Herriott, State Superin-
tendent of Public Instruction John Il.
Riggs, Railroad Commissioner Edward
A. Dawson and Chief Justice John c.
Sherwin. All members of the legisla-
ture and district judges whose terms
have expired this year also get an al
ditional year to December 81, 1906.
County treasurers, sheriffs, coroners,
superintendent Of schools ard survey
ors throughout the state also have a
year added to their present terms.
The next general assembly is required
by the amendment to make provision
for the election of all other elective
officers whose terms expire in odd
numbered years. 1t is expected that
all of these will likewise be granted
years extension. In fact, the Official
State Register for 1905 gives the terms
of all officers as extended by the bien.
| NAL elections amendment.
The opinion written by Justice Ladd
covered twelve typewriter pages and
was the only expression of the court
ON the amendment, all the other JUS
tees concurring in upholding it's con-
stitutionalty. After discussing the
general question as to whether the
amendment contained one or many
propositions which should have been
submitted separately, the opinion takes
up only two of the special points urged
against the amendment. The first
was as to whether the provision that
the legislature should make such
changes in the elections of all other
elective" officers to conform to the
amendment, included municipal and
school district officials as we'll as
state, district, county and township.
Justice Ladd says in this regard:
"The language employed cannot be
fairly so interpreted. In the first place
the amendment SO purports to relate
to general elections only, not to those
liked by statute to occur in the spring
of the year, and the clause should be
interpreted with reference to the sub
ject sought to be effectual."
Tb1 ~ iy,f CT ,u1v
against the amendment in the hearing
before the supreme court was that it
provided for cnange in the method
of selecting chief justices from the
one with the shortest term to choice
by the legislature, as under the bien-
NAL elections periods, two OF the
judges retire from Office at the same
time. In declaring that this provision
was constitutional part of the amend
ment and not necessarily separate
proposition requiring separate submits
sion, Justice Ladd says: "The sug-
gestion that the people in adopting the
constitution originally intended to ia
for the judge who had served the
longest term for chief justice, is with.
out merit"
i
test case was brought by w. L. Lo-
baugh, trustee of Richland township,
in Story county, against the board OF
trustees of that township. Under the
old law Lobaugh's term as trustee
would have expired this fall and the
board of trustees decided to force
test Of the biennial election amend
ment which extended Lobaugh's term
another year, by posting a notice OF
election this fall regardless OF the
adoption of the biennial amendment.
Lobaugh at once brought suit under
the biennial amendment.
1t was first tried befor Judge w. E.
Evans at Nevada. Senator Titus OF
Muscatine, author of the biennial
amendment, and Judge George H. Carr
of Des Moines participated in the ar
gument favoring the amendment and
J. L. Parrish of Des Moines assisted
F.. M. Mccall of Nevada in the attack
on the amendment. Judge Evans de.
cided In favor of the constitutionality
OF the amendment and appeal was
taken to the supreme court, where ad.
vanced hearing was granted owing to
the great Importance Of the case and
the tact that If the amendment was
declared unconstitutional, it was nee.
essary that time be given for the hold.
ing of primaries this spring, especially
in Polk county.
Baby Browns In SwiII Barrel.
Webster City, April 6.-The little
3-year-old son of Mr.. and Mrs. Alfred
Rose of Stratford, In the southwest.