Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-12-19
MRS. HUE|G[E' 5 CASE
Tangle in Polk County Over
County Superintendency
Will Go to Courts
CERTIFICATE LAW INVOLVED
II Necessary Mrs. Huesle, Elected su-
psrintendent and Not Possessing a
Certificate, Will Attack Law Recently
Enaetsd-opponents Claim She is
Not Competent to Fill Position.

Not Competent to Fill Position.
Special to Times Republican.
Des Moines, Dec. 19.-Defeateo IN the
election of 1904 as the democratic can
didate for county superintendent Of
schools of Polk county, Mrs Jennie
Huegle Of this city succeeded in get
ting the republican nomination for the
office in 1906. Then she failed to pass
the state teachers examination in Oc-
tober but in spite Of the fact that this
became generally known over the coun
ty before November IS. election day.
Mrs. Huegle was elected by a good ma
<jority. Now she is fighting or pre-
pared to fight thru the courts her right
to take the office of county superin-
tendent OF schools. She holds a first
grade county certificate under the old
law which she claims entitled her to
the office. A new law providing that
all certificates to teach shall be issued
by the state went into effect October
l, and those opposing Mrs. Huegel say
her county certificate Is no good
The case OF Mrs. Huegle is being
watched by educators and school
teacherssall over the state Of Iowa be-
cause Of the Interesting points of law
involved and also because Of the fact
that another woman who IL county su =
perintendent Of schools eject, but is
minus a state certificate under the new
law is trying to secure the office to
which she has been elected by the peo
pie. This is Mrs. s. s. Webster. of
Appanoose county.
Mrs. lauegle's friends fortify their
position that she is entitled to the Of
flee by points Of law but they also
point to the fact that majority Of the
daily newspapers had announced that
she had failed to pass the state ex-
animation, proceeded to give her ma
jority OF the votes anyway. Those OPP
posing Mrs. Huegle's taking the posi-
ton have fortified themselves with
points Of law on the other side and
point to the fact that this is cold
blooded proposition, that the interests
Of the children in Des Moines and Polk
county, the largest city and county of
the, state, are involved, that Mrs.
Huegle failed to meet the requirements
of the law and that no precedent
should be started by showing partially
In her case.
Mrs Huegle for some years has been
teaching in private school where no
certificate was required. During the
past summer she secured certificate
from the county superintendent of
Lucas county. She has taken the oath
Of office, filed her bond and prepared
in every way to take the Office at the
first of the year and has employed at
torneys to assist her If need be. She
will seek to take the office on the quail
ification Of her Lucas county certificate
and those who will oppose her taking
the office promise to bring up the
county superintendent Of Lucas county
and have her tell all about the exam
nation on which the certificate was
issued on the claim that it was not on
a boni fide examination.
The Polk County Teachers Associa-
ton has employed attorneys to test the
case in the courts. The case will come
before the courts in one Of two pro-
ceedings. If z. C.. Thornburg, the
present county superintendent Of
schools refuses to turn over the Office
on January Z the case will come up by
Mrs. Huegle asking for writ ofsman-
damus to force him to give her the Of
Ace. He could refuse to give up the
Office on the claim that she is not quail
ified to accept the Office and on the
law that he must hold office till his
successor is elected and qualities.
Attorneys are divided in their opin-
ion, some holding that IL Mrs. Huegle
is not legally qualified to hold the Of
flee, Superintendent Thornburg's
bondsmen will be liable even if, he
turns the office over to Mrs. Huegle.
If Thornburg turns the office over to
her the Polk County TeacherE Asso-
citation will bring quo warranto pro-
ceedings to force her to show by what
authority and right she holds the Of
fee. The board Of supervisors under
the law is competent and is required to
pass on her bond but the law does not
say who shall pass upon the qualifica-
tons of a county official. 1t is this
failure of the law to specify who shall
pass upon the qualifications that Mrs.
Huegle will attempt to use as one of
her steps toward securing the office.
The attorneys Of the Polk County
Teachers Association hold that till
question is raised concerning the quail
there is no need to pass upon
the qualifications and as soon as the
question is raised naturally the courts
will determine the qualifications.
This throws the case back upon the
new certificate and in any event it will
eventually become q question as to the
new state certificate law.
MEN ENTERTAIN LADIES'.