Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1905-11-29
SOLDIERS PREFERENCE LAW.
Upheld by the Supreme Court.

| The supreme court of Iowa has after
wear of deliberation finally handed
down decision sustaining the
soldiers preference law. This de.
cision is made ON an appeal which
was taken from case at Marshall.
town nearly year ago, and has beer
regarded by the G. A. r. OF the state
as test Of the constitutionality OF
the law. The case of Tom Graham
whose position as night watchman al
the state house has been jeopardized
because Custodian T. E. McCurdy
thought Tom carried too much
avoirdupois. will probably be settled
by this action Of the court without
further trouble. What effect the de-
cision of the court will have upon the
Spanish American war veterans does
rot at present appear. The next
Legislature may be asked to so amend
the law as to include them in it's help.
full provisions. Following is the law
Section 1. That in every public
department and upon all public works
in the state of Iowa, and of the
counties, cities and towns thereof,
honorably discharged soldiers, sailors
and marines from the army and navy
of the United States i'm the late civil
war, who are citizens and residents of
this state, shall be entitled to prefer
ence in appointments, employment
and promotion, over other persons of
equal qualifications and the persons
thus preferred shall not be disqualified
from holding any position hereinbe-
fore mentioned on account of his age
or BY reason of any physical disability,
provided such age or disability does
not render him incompetent to per-
form properly the duties of the posi-
tion applied for, and when such
soldier, sailor or marine shall apply
for appointment or employment under
this act, the officer, board or person
whose duty it is or nay be to appoint
or employ some person to fill such
position or place, shall before ap-
pointing or employing any one to FL
such position or place, make an in
vestigation as to the qualifications of
said soldier, sailor or marine for such
place or position, and if he is man
of good moral character and can per-
form the duties of said position so ap-
piled for by MIN, as hereinbefore pro-
vided, said officer, board shall appoint
said soldier, sailor or marine to such
position, place or employment A
refusal to allow the preference pro-
yided for in this and the next suc-
ceeding section to any honorably dis
charged soldier, sailor or marine, OF
a reduction of his compensation in
tended to bring about his resignation
or discharge, entities such honorably
discharged soldier, sailor or marine to
right of action therefor in any court
of competent jurisdiction for damages,
and also remedy for mandamus fo1
Fighting the wrong.
Section 2. Any person whose rights
may be in anv way preiudIced con.
trary to any of the provisions of this
section shall be entitled to writ OF
mandamus to remedy the wrong.
No person holding position by ap.
pointment or employment in the state
of Iowa, or in the several counties,
cities or towns thereof, who is an
honorably discharged soldier, sailor OF
marine having served as such in the
union army or navy during the late
civil war shall be removed from suct
position or employment except for in
competency and misconduct showr
after hearing, upon due notice, upor
stated charges and with the right oi
such employe or appointee to review
bv a writ of certiorari. The burden
of proving incompetency or misconduct
shall rest upon the party alleging the
same. Nothing in this act shall be
construed to apply to the position Of
private secretary or deputy of any
official Or department, or to anv per,
son holding strictly confidential re-
lation to the appointing officer.
Section 3. This act being deemed o,
immediate Importance shall take
effect and be in force from and after
its publication in the Register and
Leader aud the Des Moines Capital,
newspapers published in Des Moines,