Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-08
Will Cummins Reappoint Him
and If 80 Will Legislature
Confirm
AN INTERESTING SITUATION
Soldiers Preference Law May Be Re-
sponsibIe for Getting the Governor
and State Legislature Into consid-
cradle Difficulty Next Wintsr-in-
vestisate Casey Wreck.
,pecial to Times Republican.

Special to Times Republican.
Des Molnes. Nov. Sit Is more than
possible that the greatest amount OF
fun In the old soldiers preference law
will come o,lt at the session OF the leg
islature this winter when the governor
re-appoints Custodian McCurdy and
sends the appointment to the senate
for confirmation. There are threats
as there were ut his last appointment
not to corilrm the appointment. Gov.
Cunmins acting under the old soldiers
law 1t is claimed will have either Ia, re-
appoint Mctcurdy or else give him a
hearing ON charges Of incompetency. II
he re-appoints him and sends the re-
commentator to the senate for con-
firmatton 1t will be UP to the senate to
decide whether or not to confirm the
appointments. or disregard Its own law
Under the soldiers preference law Nc
Curdy may be forced to retain Thomas
Graham as night watch at the capitol
building. Yet when 1t comes to Z. J.
McCurdy custodian OF the capitol
building the same law may fall to work.
There are fifty members In the senate
and two thirds are necessary to con-
firm an appointment by the governor.
II seventeen vote against McCurdy his
will fail. There are
Claims that In the matter OF re-appoirlt.
metrtS the rule does not hold good. The
argument is that there can be no dis
criminntion between old soldiers and
that at the, expira tion Of McCurdy's
term the offlce will be vacant and Nc.
Curdy will have to take his chances
with other old soldiers for the posi-
tion. But there are others who argue
with equal persistency that the law was
designed to keep an old soldier in one
steady Job as long as he was compe-
tent to hold dt and that 1t will there.
fore be operative In McCurdy's case the
same as in Graham's. But the senate ia
a body that Is a law unto itself. The
courts can have no authority to force
the senate to obey Its own law and
hence the body that enacted a law to
keep an old soldier I'm Job may dis.
regard 1t and put an old soldier out.
There will be an investigation by tho
state railroad commission OF the wreck
at Casey on the Rock Island. There
has been change in the laws respect
ing the railroad commission. In 1897
whom the Laws were codif1ed. sections
giving the commission authority in the
case OF wrecks were left out and the
new code does not contain that au-
thority. The commission regrets it and
a great many others regret It. The COM
mission in the matter Of wrecks has
little authority beyond investigating
and reporting. While It Is recognized
that the railroads would not relish A
report that would show wreck to have
been caused by poor management on
the part Of the road. and that the power
to investigate and report is not an au-
tllority to he despised, yet 1t Is believ-
ed that authority to order road to
make improvements would be wise
matter Of legislation. The commission.
however. will go ahead and make the
investigation just as though It had all
its former authority. The hearing will
be open and witnesses will be called.
The date has not been set and will not
be till the Rock Island fs thru making
its own investigation of the matter as
there is no desire to conflict with the
roads investigation or to in any way
embarrass the road. The commission
simply realizes that wrecks are a
matter on which the public is very
touchy. The public desires to know in
each instance who Is to blame and do
not care tc be travelling on line that
Is liable to throw train into ditch
most any time. For this reason the
commission is determined to go to the
bottom OF every wreck and give the
public all the Information 1t has as to
who is responsible. The large number
Of wrecks ere having their effect on
the public mind for the commission has
received petitions to investigate the
line Of the Iowa Central between New
Sharon ana Newton, line thirty-two
miles long, Patrons along the line at
the different stations have addressed
petitions to the commission claiming
that they believe the road unsafe for
traffic. The commission has not form
ally taken the matter up yet but will
az soon as possible. The members Of
the commission will likely ride over the
ldne and make a personal inspection
and will then set a date when evidence
and arguments will be listened to.
The next session Of the legislature is
nine weeks away. Ten months ago i
was said that this would be year OF
discussion and it has been. The prim-
ary election law and anti-pass law
have been commented on in every
newspaper in the state nearly The
matter Of a board OF control for educs-
tional institutions has been discussed
ana many other proposed laws have
been talked over. There has been
very liberal discussion Of candidates,
a discussion devoted to fitness more
than to politics. With the legislature
only two months away the large mat.
ters Of legislation and proposed legis-
Ia t,or that will take form out OF the