Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-04-10
Council Listens to Claims of APP
plicant For Clerkship I'm
der Preference Law
WHITE WANTS MADsEN's JOB
Appointment of Water Works Commit
tee Held Over That Council May In
vestisate White-Attorney For Cap
tain Shaw Will Apply For Writ of
Mandamus to District Court.


For the fifth time in as many years
the city council of Marshalltown, Mon
day night, refused to appoint Capt c.
H. Shaw city clerk of Marshalltown.
Captain Shaw was given a hearing that
lasted an hour and a half, and after
listening to many affidavits, and exam
ming the records of the clerks office.
as kept by both applicants while in
cumbents, the council adopted
resolution selecting Mr. Derby,
and then formally elected the
present incumbent to succeed
himself as city clerk. A writ of man
damus will be applied for by Captain
Shaw's counsel today, in at attempt to
take the matter to the district court,
where it will be alleged that the ac-
ton of the council Monday night was
no action at ALL because the council
did not find that Mr.. Shaw is incom-
petent.
Former members of the council,
when Captain Shaw was city clerk;
physicians, old neighbors and citizens
generally, to the number of twenty or
more, made affidavits as to the moral,
intellectual and physical condition of
Captain Shaw, as well as his general
competency to fill the position.
The law is interpreted in direct OPP
position one to the other by the coun-
sci representing the two applicants.
Counsel for Mr.. Shaw claims that, I'M
der the soldiers preference law, If
Captain Shaw is found competent the
council is obliged to appoint him.
Counsel for Mr. Derby claims that if
Mr. Shaw is as competent as any other
candidate, he is to have the preference
in the appointment, by virtue OF MS
service in the civil war.
There was much activity on the
firing line when the guns of the oppos-
ing counsel We're opened. Volley after
volley of words was fired broadside at
the other, but with little effect. The
counsel for Mr.. Derby said he did not
care to enter into odious comparisons
as to the relative merits of the two ap-
plicants, but after being hit by cou-
pie of stray missiles impaired to the
council information to the effect that
ex-City Clerk Egermayer refused 10
accept the records of his predecessor,
Captain Shaw, until the latter had
signed the minutes of the meetings At
which he acted as city clerk. Cou9sel
also stated that at the time certain or
dinances were adopted when Mr.. Shaw
was city clerk, he had neglected to
certify their publication, and it was
not known when the ordinances went
into effect.
This last attack upon Mr. Shaw's
record for competency brought on an
other wordy battle as to the necessity
of the clerk certifying the publication
of ordinances, counsel for Mr.. Shaw
claiming that it was the duty of the
publisher and not the clerk.
Upon the conclusion of the presen-
tation of claims of the two candidates
it was voted to take recess to lnVes-
tigate the records in the clerks office,
as kept by the two candidates during
their terms of office. The council was
in caucus a half hour, and upon re-
turning a resolution was presented by
Mr. Iseman, to the effect that, after IN
yestigating the qualifications of the
several candidates, the council found
that L. Derby was the more competent
to discharge the duties of the office,
and that he was of good moral char
acter. The resolution was unanimously
adopted, and the same unanimous vote
elected Mr. Derby upon Mr.. Iseman's
nomination.
Another Soldiers Application.
Another application was made before
the council Monday night under the
soldiers preference law. 1t was that of
Henry White, who wants to be APP
pointed by the water works committee
as chief engineer at the pumping sta
ton. The water works committee,
thru Chairman Clark, recommended its
appointments for the year as follows:
Chief Engineer Pumping Station
Hans Madsen; assistant, Peter Peter
son, George Bassett and George Suter.
Superintendent of Mains-E. q.
Mack; assistant, G.. j. Anderson.
Water Inspector-M. M. Choate.
City observation-disclosures Schneider.
In view of the application of MIR.
White, Mr.. Herman made motion to
defer action on the entire list of APP
pointm until Thursday night This
carried, and Mayor Ingledue appointed