Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-07-17
AS County Attorney He Holds That
County Convention Should Be Re-
convened But Col. Parker Insists
That New Delegation Could Be Kept
Out of District Convention.

likely that the convention will be re-
convened unless the old delegation at
its caucus Friday should request 1t.
The necessity of nominating a third
tain and there will be plenty of time IN
which to attend to that later in the
summer. \
The county attorneys opinion is
herewith given in full but Col. Parker
has indicated today that he has not
been convinced by it. He will meet
Messrs Tobin and Struble the latter
part of this week and they will de-
eide what method to pursue. He has
been looking up the law of construction
and finds that the word may" is con-
strued to mean has the power or
ms. when where applied to Section
HOP of the Iowa statute would cause
it to read 1.-The convention making the
original nominations has the power to
fill the vacancy thus occasioned." The
language now reads, THE vacancy
thus occasioned may be filled by the
convention making the original nomin-
alton or in such manner as such con-
vention has previously provided
If the question is one of agency, ar
CUES Col Parker, Judge CasweH was
the authorized agent to select dele
cation, the same as the convention
chairman or. a committee of three
might base been authorized by the
convention to do it; that he made the
selection and the delegation had a duty
to perform of representing this county
in a district convention and perform
ing it's part in making nominations
which task has now been rendered In
complete by the death of one of the
nominees.
AS matter of fact the resolution
passed by the county convention did
not instruct for Caswell but merely
authorized him to select a delegation
which delegation actually voted fol,
him and for Burnham too.
Col Parker fears that if the county
convention should re-convene and
name new delegation the old dele
gates from the other two counties could
refuse to seat the new delegates from
Marshall under the statute as it now
stands. He insists, however, that he
has no objection to the county conven-
ton holding an informal caucus on the
local candidates, provided the old dele
cation conducts the formality of sit
ting in the district convention, which
convention alone, under the statute,
has the power to fill the vacancy occa-
stoned by Judge Caswelps death.
Nortnup's Opinion.
Office of County Attorney, Marshall
County
Marshalltown, Ia, July 16, 1906.
j. M. Parker, City.
Dear Sir:-In response to your re-
quest, made personally and thru the
columns of the Times-Republican for
my opinion concerning the proper and
legal course to be adopted in renom-
mating candidate for district judge
beg leave to submit the following as
my opinion:
Nominations rest with the people,
and the manner of their making is
subject to certain party rules. In a
representative form of government,
delegates are selected by primary or
caucus to attend a county convention.
at which selection of delegates is
made to the state, congressional and
judicial conventions.
At the county convention of delegates
it is proper and usual for the conven-
ton to determine by Endorsement or
instruction who shall be the choice Of
the people for the particular office for
which nomination is to be made
Rule seven (7) of the Revised Rules,
adopted by the republican convention
of April 9Th. 1902, and which are now
in force, provides: Delegates to the
state, judicial and congressional con-
ventions shall be selected by the coun-
ty convention, and said delegates shall
have the right in any convention to
fill vacancies in their number or cast
they may desire.
AT the republican county conven-
ton held last March there was but one
candidate for judge from Marshall
county, and the convention accordingly
endorsed Hon. Obed Caswe1l for judge
and instructed the delegation to the
judicial convention to vote for his re-
The convention went fur
Their and motion prevailed permitting
him to select a delegation. which was
done. but the list so select :,
ed was not ratified by the convention
and suspension of the rules was not
voted upon. Vacancies in the original
list occurred and Were filled by further
shortly before the con-
vention at which the nomination was
to be made.
The course pursued was not in ac-
cordance with Rule I above quoted.
and the delegation, while personally
very excellent men, is still open to the
objection as to the manner OF it's Sc
lection.
The most serious objection, however,
and one which can with very good rea
son be urged as an objection to any
made by the original %
delegates who attended the Judicial
is:
"That having been instructed at the
time of their selection they had only
limited powers. and under the condi-
tons that now exist they have none
whatever unless their appointment is |