The Leon reporter. (Leon, Iowa) 1887-1930, 1905-03-09
TROUBLES OF BIENNIAL

1NVOOllO ] vi III A-lvIvANl
Claimed it Changes Time of City and
School Elections From
Spring to Fall.
Does the biennial elections amend
ment require school and municipal
officers to be elected at the general
election in November instead of in
March and April, as at present?
That query is puzzling the lawyers Of
the state and is being given grave con-
sideration by the attorneys who are as
sailing the validity of the amendment
before the supreme court with a view
to urging it upon tie body in support of
the contention that the act is defective.
W. 0. Payne of Nevada brought the
idea to Des Moines. He is convinced
that the amendment will require the
legislature to pass laws fixing the
school and municipal elections for the
same date as the general election. This,
Of course would be an additional ground
for declaring the amendment invalid, for
it is matter of legislation to change
the dates of the school and municipal
elections and the time fixed for them
could not possibly affect the question Of
establishing biennial general elections.
MIR. Payne said that the idea was con-
veyed to him through a communication
from Des Moines man, and careful
study of language of the amendment re-
vealed that this most important change
in the time for holding school and muni-
cipal elections plainly is provided in
the act.
"The amendment said Mr.. Payne, sis
like the bible; the more it is read the
more it is seen to mean
LANGUAGE IS PLAIN.
The biennial election amendment pro-
vides in the first sentence for general
election in November, 1905, and bien-
nially thereafter. In the second SEN
tence it provides for the election at this
general election of state officers, legis-
lators, judges, etc. The third sentence
extends the term of Office of those whose
terms would otherwise expire in Janu-
ary, 1905, for one year, and the fourth
extends the term of senators. The next
sentence is as follows:
"The general assembly shall make
such changes in the law governing the
time of election and term of Office of all
other elective officers as shall be neces-
sary to make the time of their election
and terms of office conform to this
amendment"
1t is the contention that the terms
"all other elective officers must include
besides those specifically mentioned by
the amendment as being subject to cleo
tion at the general election in each No
vember, the school and municipal
officers of the state. Moreover, the use
of the term "tilne of election" is con-
tended plainly indicates that the change
Of the time of election from some other
date to that in the month OF November
when the general election is held-the
first Tuesday after the first Monday
was contemplated.
SOMB THINK IT PREPOSTEROUS.
Some of those to whose attention the
language of the amendment was called
to indicate that school and municipal
officers must be chosen at the November
elections hereafter, regarded the con-
tention as fairly preposterous. One
gentleman said: "It is nonsense. The
amendment names certain state officers,
Judges and members of the legislature
whose election shall occur at the gen.
eral election of 1906; it then provides
that all other elective officers shall be
chosen at the same time. This of course
must refer to the elective officers who
are to be elected at general elections,
not those chosen at the special elect
ions when municipal and school officers
are elected. In other words, it means
county and township elective officers,
for instance
But others do not regard the conten-
tion as nonsense. The words ''all other
elective officers is very broad. That it
might we'll include the school and mu-
nicipal officers is evident, unless the
amendment can be construed to refer
exclusively to the Offices filled ordinar-
lily at general elections.
No one has contended that the legis-
lature actually intended to make the
school and municipal elections simulta-
neous with the general election in No
vember of each year; but the language
seems to say it, and the court has held
heretofore that it must construe the in
tention of the legislature out of what
it actually says.
ALLEGED FATAL DEFECT.
If the new defect appeals to the court
it must necessarily be held to vitiate
the amendment in the, Judgment of
those who have studied the matter and
hold to the view that there is defect
here which is monumental. For the
provision making it mandatory on the
Legislature to pass laws fixing the dates
of school and municipal elections at a
different date from that now fixed by
law, plainly can have no relation what
ever to biennial elections. The legisla-
ture could fix the dates for such elect
ions to please itself, under the present
constitution. Todirect it in this amend
ment to do an act which is not, essential
in any particular to the establishment Of
biennial elections, would assuredly be
important from two points of view; con-
stitution which provides that amend
ments must be submitted separately.
There is said to bea Mississippi case
which covers this point exactly. The
attorneys have closely examined the
Mississippi decision, and have it in
mind to devote the most of their argu-
ment to the supreme court to the ex-
ploitation Of this point, which is regard
ed as extremely important from two