The Leon reporter. (Leon, Iowa) 1887-1930, 1905-11-30
SOLDIERS ARE UPHELD
Supreme Court UphoIds Soldiers
Preference Law and Veterans
Secure Many Positions.

After nearly year of deliberation
the Iowa supreme court has finally
handed down decision upholding the
constitutionality of the soldiers prefer
ence law. Under this act, which was
passed by the last legislature, veterans
of the civil war must be given prefer
ence in appointment, employment and
promotion over other persons of equal
qualifications in every public depart
ment and upon all public works in the
state of Iowa and the counties, cities
and towns thereof. Veterans who are
holding such positions cannot be remov-
ed except for incompetency or miscon-
duct, according to another section of
the preference law. The only excep-
ton to the universal preference of old
soldiers for every appointive position
in the state is that the act shall not
apply to private secretaries, deputies or
any person holding strictly confiden-
tial relation to the appointive officer.
A refusal to allow preference entities
the veteran to the right of action for
damages and to bring mandamus pro-
ceedings.
This law opens several thousand posi-
tions under the town, city, county and
acsSoO w Per oihOhoo Va lo"tt w lIlS dpDlI-
cation of civil war veterans who are
entitled to preference in the appoint
ments, employment and promotions.
Pending the decision of the supreme
court in the Marshalltown Sc, which
had by the endorsement of the state
G. A. r. department, been regarded as a
test of the constitutionality of the law,
civil war veterans have not been active
m n q TO
pOintments, but now it is believed that
the old soldiers will lay full claim to
the positions to which the state legisla-
ture, supported by the supreme court,
has declared them entitled.
Many Positions With Legislature.
1t is a peculiar incident that the leg
islature which passed the soldiers pref
erence law, will have practically the
first opportunity to carry out it's pro-
visions following the decisions of the
supreme court. Every appoinJive posi-
ton within the gift of the legislature
which convenes January s, is subject to
the claim OF the civil WAR veterans
under the preference act. AS these
positions with the Legislature are gen
orally OF good salary and not overbur-
densome work, it is believed that the
veterans of the state will not lose the
opportunity to avail themselves of the
generosity of the Legislature, especially
as it is the same body that adopted the
preference law as a further expression
OF the states appreciation Of the loyalty
and heroic service of the soldiers dur
ing the war Of the re ,ellion.
1t has been the plan of the senate and
house to reorganize for the coming ses-
sion with practically the same employees
as at the last session, but under the sol
diers' preference law, consideration will
undoubtedly have to be given to every
application presented by the civil war
veterans. A large number of positions
at the appointment of both the house
and the senate have been filled by
women or men who are not veterans.
All of these will be at the command of
the veterans. This situation is particu-
larly interesting in the contest which
private secretary Briar and pardon
secretary Garrett of the governors
office have been waging for the appoint
ment of their respective lady friends as
enrolling clerk of the senate. Should
believed the senate would have to give
~" preference oNeE ellIeE Oub VI lHC
young women and thus conclude the
casus belli in the governors office.
Settle Tom Graham Case.
The decision of the supreme court will
also have the incidental effect of settling
the case of night Waterman Tom
Graham Of the state house, whom custo-
dian I. B. McCurdy has been strenuous
ly endeavoring to remove because he
thinks Graham is too fat" The custo- +!
dian after failing in his efforts to abb
ruptly remove Graham, brought charges
against him under the provisions of the
preference law, but it is hardly likely
that McCnrdy will continue to insist on
the old veterans discharge in he face
OF the supreme court decision. The de-
clsion will also settle the effort of state
superintendent Riggs to remove the
lantor of his department, J. W. Gnoder
4 civil war veteran. The sup"rintend
ent sought t. discharge Goodtr last
spring, but the jtnitor at once turned