Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-02-20
AMENDMENT IS
DECLARED VALID
Judge Evans Decision Is Grave
Disappointment to Some of
the Politicians
STANDS THE MOST RIGID TEST
In His Decision the Judge Says That
the Biennial Elections Amendment
Which Has Been Under considera-
ton is the Most Complex Ever Sub
mitted to a Vote In Iowa.

LIS NIpIICS, OD' ~. AAS oASAiA'--..
elections amendment is valid.
Judge w. d. Evans announced his
decision to that effect Saturday. His
opinion was filed with the clerk of the
Story county courts, and the attorneys
in Des Moines were notified immed-
lately
The court decided that the five di-
visions in the amendment, which the
attorneys for those attacking it in
sisted should have been submitted to
the people as separate amendments,
We're integral parts of the one PROPOSE
ton and were essential to make a
symmetrical, intelligent and effective
law out of the amendment.
An appeal to the supreme court will
be prosecuted Immediately. This was
practically agreed to at the time the
case was submitted to the district
judge. Each side consented to Coop
crate with the other if it We're success
full in getting tho controversy to the
attention of the supreme court us
quickly as possible.
If the supreme court will consent
and the litigants and attorneys have
no doubt that in a matter of so much
Importance as this the justices will CO.
operate cheerfully, the matter can be
submitted within three weeks, and in
the ordinary course of events an opin-
ion could be expected some time next
month.
II the supreme court should decide
against the amendment and reverse
Judge Evans. there would yet be plenty
of time for the movement of the ma
chinery in Polk county for the holding
of the primary required under the
new law affecting this county alone.
The situation in this community with
respect to the new law is the thing
which actuates all sides in co-operat
ton to secure decision of the question
from the highest court as promptly as
possible.
Disappoints Politicians.
To some of the politicians the de-
csion of Judge Evans is a grave dis
appointment. In the course of the dis
cussion incident to the submission of
the amendment to the court Il feeling
has developed that perhaps the court
might find the law invalid. So that,
waiting for a decision, some of the po-
have been fixing up their
for a sweet morsel.
Speculation already was rife as to
how political affairs would begin to
assume the center of the stage, and
in Chicago and in the ho-
tells of Chicago would become the order
of the day. The election of legisla-
ture with senator to be chosen next
winter and new governor to be Sc
lected, would be pleasant series of
political problems to say nothing Of
the effect of the new issues-railroad
rate regulation, etc, which have served
to divert the course of political events
in some measure during the last six
The decision of the court in sus-
tanning the amendment puts off all po-
litical maneuvering, until after the SUI
preme court has passed on the ques-
ton, and with the chances in favor
of the court sustaining the amendment |
and the lower court, politicians who
have been fixing it up to have the Gus
tomary excitement over political af-
fairs in Iowa this fall are entertaining
a deep sense of disappointment.
Stands Most Rigid Test.
In the course Of his decision Judge |
Evans says:
1.-THE amendment under considera-
ton is the most complex that has ever
been submitted to vote in Iowa. 1t
mas the appearance on it's face of a
great multiplicity I confess to unfav-
orable first Impressions as to it's valid
ity. There is much plausibility in the
argument against it. But unless we |
have lost our way In the maze of the
and have failed to reason
it stands the most rigid test
that has ever been applied in any state
10 a like question.
by careful analysis 1t becomes evil
dent that it received watchful thought
rom it's sponsors and the legislative
committee in it's framing; and the
most that can be said aaginst it is
hat it has approached close to the
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