Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-02
Governor Cummins' Opposition
to the State Marshal Bill
Will Not Deter Him
WILL CONTINUE THE FIGHT,
The Marshal Club Organizer Says the
Fight for a Bill Along the Lines
Adopted by the Convention Will Con-
tinue- Success May Be Delayed
Somewhat.
Special to Times Republican.

Special to Times Republican,.
Des Moines, Nov. 2.-The managers
of the state marshal club movement In
Iowa profess not to he discouraged by
the declaration OF opposition made by
Governor Cummins before their or
ganization Tuesday. This opposition
would seem to point to veto in case
the legislature should pass the mar
shall bill, but In spite Of that fact the
managers Of the movement expect to
press their measure on the attention
of the assembly this winter as vigor-
ously as If they could reasonably ex-
pect the approval Of the governor for
their bill.
However. they base their later conf
dence on the belief that the, scheme
which has been proposed by the pov-
ernor-giving the executive council or
the chief executive power to remove
county and local officers who fail to
do their duty in enforcings liquor and
other laws--is nonfeasible, nonworka-
bic and unconstitutional. The marshal
club managers have not yet taken le-
gal advice in regard to the question.
but Off hand lawyers have informed
them that they regard the proposition
as questionable In the extreme.
1t was stated during the meeting of
the anti-saioon league when this thing
was suggested, that lawyers had inves-
tigated and found that the question
had never been adjudtcated as to the
right Of any officer to remove from an
elective office incumbents who We're
chosen by the people. This is the point
which A. C. Rankin and other marshal
club men have raised, that no law can
be valid which gives one elective officer
power to remove another without
right OF trial by jury.
IL 10 NonfeasibIs.
Passing over the legal question-and,
of course. the governor Is satisfied on
his own account az to the power Of
the legislature--the question of the
feasibility OF the proposed statute Is
interesting.
Il predict that the governor will
have mighty little time left for the dis
charge Of his usual duties IL that law
passes" said A. c. Rankin yesterday.
For we can today fill his office with
sufficient complaints to keep him busy
for the next half year and by that time
imagine there would be another grst
just as big. He would have to devote
all of his attention practically, to the
trial of county and other local
officers charged with evading their dt-
ties in the matter of enforcing the
liquor laws. IL the temperance people
cared to carry 1t to an extreme
7 And then the machinery OF such
system would be altogether too cum
bersome to be workable. It would be
necessary to hear the complaints and
summon the accused officer to e. hear
ing; he would have to have his attor-
neys and the testimony would have to
be taken down; then the officer would
have to make a showing at another
hearing, in his defense, for that right
could hardly be denied him; and then
the accusers would want to rebut and
then the defendant would insist on be-
ing heard again, and 80 on ad infinit-
UNI.
And look at the political difficulties.
Suppose today that standpatter was
county attorney and the governor
should remove him and appoint in his
place O tariff revisionist: What crit
icism would it subject the governor to?
Unjust, of course, but nevertheless 1t
would instantly involve the whole state
in an uproar and political contentious
without number would arise.
But the chief evil would be the one
OF forcing local people to begin the
and that is the fatal defect
in all Of the liquor laws. 1t is the de-
feet which Is remedied by the mar
shall system. The most satisfactory
Of the liquor laws can be
effected against the immediate local
sentiment by the state. and that which
depends on the nonofficial resident of
the locality is least satisfactory
Will Work Along.
Mr.. Rankin stated that it was his In
tention to go ahead just as II the gov
ernor had not expressed his opposition.
1--WE honor and respect Governor
Cummins for his manly and frank
statement of his position" said he.
"but it has not discouraged US and
we shall proceed Just the same to ask
the legislature to vote. our measure
thru. or course, II we fail, we shall
go right along. II they confer the
power on the governor to remove Of
ficials we are satisfied that 1t will not
take long to demonstrate that 1t is nom
feasible. even If 1t is constitutional.
So that eventually we will get our
marshal law, after all.