Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-02-21
Councilman Sieg Maintains That
lie Is Still a Member OF
the Council
SEVERAL QUESTIONS ARISE
Mr.. siee Claims That Mr.. Iseman, His
Former Sixth Ward Colleague, Still
Has Another Year to Serve-"What
Are the Positions Of Mcbride and
Calhoun" Will be Asked.

Several questions that have arisen as
a result of the councils recent action
in eliminating the Sixth ward will be
taken before Judge Burnham in the
| asked thru a friendly suit Instituted
\ by John A. Sieg, to decide them that
the members of the council may know
who's who" Mr.. Sieg, when seen
| this afternoon, said that he had all
ready made arrangements with his at
torney to bel'r the suit, and had talk
ed the mattel-over with Chairman Il.
c. Abbott of the judiciary commit
| tee. Mr.. Sieg says that no attorney III
: the city is willing to state with amy
positiveness just what positions he ana
Mr.. Iseman now occupy, in relation 10
their membership on the council ana
he, as we'll as the other members OF
the council, want the questions de-
termneG before election.
The legislating out of office of
member of the council has arisen once
before, but at that time the point in
question was not raised because there
was no personal interest in the case. A
year ago, when the Sixth ward was
created, Councilman Merritt Greene
was, to use his own words, "legislated
out of office" Mr.. Greene was then
preparing for an extensive southern
trip, and would not be in the city. and
while the question arose among those
interested, it was never determined.
al ,t,,at nf tho Sixth ward
the same question, together with many
others, arises, and this time the coun-
ell wants to know just what the legal
situation is.
In the friendly suit Mr.. Sieg says
that he will take the position that he
is still a member of the body until his
successor qualities, and will demand
his seat on these grounds unless the
court decides otherwise before the next
meeting of the council. Mr.. Sieg will
also take the position that Mr. Iseman,
his colleague, should keep his seat for
another year. Mr.. Sieg says that
City Solicitor Van Law, on the other
hand will take the view that the ward
has been eliminated, and because there
is no Sixth ward, the members on the
council from that precinct are no more.
1t is claimed that there is no parallel
case in Iowa, and the question has
never been determined.
Besides determining whether or not
Mr.. Sieg is entitled to his seat until
his term expires, or until his successor
has qualified, and whether or not Mr..
Iseman is member of the council for
another year. other Interesting ques-
ton will be placed before Judge Burn
ham for his consideration and opinion.
Among these will be: when a
councilman takes the oath of office, is
it a contract with the city, and if it is
a contract, would not Mr.. Iseman be
compelled to live up to that contract
and serve the people during the full
two years term?"
Another question that will arise is
how the situation, as it is at present,
affects r. w. Mcbride, hold-over mem
Der of the council from the Second
ward, and G. W. Calhoun, the hold
over member from the Third. The
| point raised is to the effect that if Mr..
| Mcbride was elected from the Second,
| he does not represent the people from
| the newly acquired territory of the
Sixth, now made a part of the Second
by the councils action. The same sit
uation, of course, prevails in Mr.. CAL
houn's case, in the Third ward.
Sieg Files in the Second.
| Mr.. Sieg has filed his nomination pc
tition as a candidate for the council
from the Second ward, but says he will
make no formal announcement of his
candidacy until his friendly suit
against the council is decided.