Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-11-27
VETERANS LAW UNDER FIRE
Another Suit Will Probably Be Brought to
Test Soldiers Preference Act.
SUPREME COURT DIVIDED ON SUBJECT
Lawyers AEree that DissentinE
Opinion written by Judge
Bishop IL an Unusually
strong one.
SUPREME cOURT DIVIDED ON sUBJscT
CFrom a STAFF Correspondent

DIES MONIES. Ia, Nov 26-(Special -
Now that lawyers have had time to digest
the two opinions handed down In the
soldiers preference law last week, they
are claiming that the question is really
difficult one and IL is not at all unlikely
that there will again be a test before the
supreme court on some new case. Only
limited space was given by any of the
newspapers last wednesday when the de-
cision was handed down. There were nine
teen typewriter pages of the dissenting
opinion alone and nearly as many Of the
opinion written by Judge Bishop is one
OF the strongest ever written by a member
of the Iowa supreme court. Chief Justice
Sherwin, in writing the opinion OF the
court says: THE right to hold an Office
can be no more a natural or personal right
nor more sacred than the right OF suffrage,
and II is n general holding Of the courts
that the right of suffrage is not a natural
and personal right, but a political right"
And says further: ct is a right which is
conferred. withheld or limited at the
pleasure Of the people acting in their SOW
ereign capacity" Judge Sherwins claims
are all based fundamentally on those state
ments. Judge Bishop claims in the first
| place that it is not a question OF the right
to hold office, but whether OF not he legis-
lature has q right to limit or extend the
! right. He holds that there Is no question
| but the people acting IN their sovereign
| capacity have a right to say who shall
| hold public office. but declares that the
| people I'm this case have not acted in their
sovereign capacity as the legislature en-
acted the law He claims the legislature
! had no more constitutional right to enact
! the law giving the old soldiers preference
| in public offices than 1t would have to
/ change the right Of suffrage. and asks:
"Supposing the word male was eliminated
| from the constitution. could anyone be
| found to declare for the validity Of an act
OF the Legislature providing that only males
| should exercise the right of suffrage?''
Chief Justice Sherwin in his opinion states
| that citizens have the right to limit their
employees to II certain class of people If
they wish and argues that the state has the
same right. Justice Bishop again argues
that 1t is not a question of the right to
| hold Office, but of the authority of the
! legislature to enact the law, and says that
the legislature has more authority to
! give preference I'm public Office to old sol
diers than it has to compel citizens
| to give preference to old soldiers Judge
Bishop at some length tells of the debt
| of the country to the old soldiers Of the
civil war, but holds again that II prefer
ence is to be shown it should be extended
to all who have fought in all the wars OF
| the nation
Developing Foreign Market.
One of the principal addresses to be deliv'
cred at the annual meeting of the State
Farmers institute will be by Hon. w. A
Harris Of Chicago on How Can Our For,
eign Markets on Beef and Pork BE In
| creased?' 1t is expected that the address;
will be one of the best at the institute II
the interest to be aroused. since the for
eign market question is now one of tn,
most vital to the farmer. The full program
for the institute. which will be held at the
statehouse, December II and 49, has beer
given out by the secretary Of agriculture
Aside from the usual formalities and com
mittee reports the program will consist o.