The National tribune., 1906-02-15
VETERANS PREFERENCE sUs-
tanned

I
Raymond. succeeded in having a Vet
Grams Preference Law passed by the
| Legislature, which gives substantial
preference to all bly-discharged
soldiers, sailors and marines of the war
of the rebellion. This, as has been the
case in all other States, has been sharp
| ly attacked but the veterans have stood
| to their guns and succeeded at last in
securing a decision from the Supreme
Court of Iowa sustaining the law in ev-
cry way. Much of this result is due
to Comrade Charles A. Clark, who man.
aged the case from first to last. The
decision of the Supreme Court is so
substantial and emphatic and the rea-
soning with which it is supported is so
clear and unanSwerable that we give
the matter entire. 1t will be read with
the greatest interest everywhere in the
country. This question of a lawful
preference for veterans has been up in
every State in the North for years, and
has met with the most varying fortunes
In New York the Preference was put
in the Constitution of the State, and is,
and has so far worked admirably. In
other States the attempt to legalize the
Preference has generally broken down,
and upon the allegations which were
brought to bear in Iowa, but COM
pleteiy answered by the reasoning of
the Supreme Court. The law and the
proceedings under it are thus stated by
the Supreme Court:
In the Supreme Court of Iowa. Filed
Nov. Fl, 1905.
c. II. Shaw, Appellant, VS.. The City
Council of Marshalltown, Marshall
County, Iowa, ct al
From Marshall District Court, Obed
CaSWell. Judge
This is an action of mandamus,
brought to obtain an order command
ing the City Council of the city of Mar
shalltown TO employ the plaintiff as City
Clerk of said city. 1t is bottomed on
chapter of the Laws of the Thirtieth
General Assembly, which reads as fol-
lows:
section 1. Preference in appoint
ments and promotions.-That in every
public Department and upon all pub
lie works in the State of Iowa, and of
the Counties, Cities and Town: thereof
orably-oischarged soldiers, sailors
and marines from the Army and Navy
of the United States in the late civil
war, who are citizens and residents of
this State, shall be entitled to prefer
ence in appointment, employment and
promotion over other persons of equal
qualifications, and the persons thus pre-
fcrred shall not be disqualified from
holding any position hereinbefore men
toned on account of his age or by rea-
son of any physical disability, provided
such age or disa bility does not render
him incompetent to perform properly
the duties of the position applied for,
and when such soldier, sailor or marine
shall apply for appointment or en-
ployment under this act, the officer.
beard or person whose duty it is or
may be to appoint or employ some per-
son to fill such position or place shall,
before appointing or employing any one
to fill such position or place make an
as to the qualifications of
said soldier. sailor or marine for such
place or position, and if he is a man
OF good moral character and can per- |
form the duties of said position so ap-
piled for by him, as hereinbefore pro- |
vided, said officer board or person shall |
appoint said soldier, sailor or marine |
To such position, place or employment. |
refusal to allow the preference pro-
Vided for in this and the next succeed |
ing section to any honorabIy- y-discharged |
soldier, sailor or marine, or rcduc- |
ton of his compensation intended to |
bring about his resignation or discharge, |
entities such ilonorably- y-discharged sol !
der, sailor or marine to a right of ac-
ton therefor i'll any court of compe-
tent jurisdiction for damages. and also |
a remedy for mandamus for righting |
the wrong.
"Sec. 9. Removals-Any person
whose rights may be in any way preju- |
diced contrary to any of the provisions |
OF this section shall be entitled to a |
writ of mandamus to remedy the wrong. |
No person holding a position by ap-
pcintment or employment in the State
Of Iowa or. in the several Counties,
Cities or Towns thereof, who is an hon |
soldier, sailor or ma |
rne, having served as such in the Union /
army or navy during the late civil war. |
shall be removed from such position or |
except for incompetency or
shown after hearing upon |
due notice. upon stated charges and |
with the right of such employee or ap-
pointee to a review by writ of certioraTi. |
The burden of proving incompetency
o.. misconduct shall rest upon the party |
alleging the same. Nothing in this act |
shall be construed to apply to the posi-
tion of private secretary or deputy of !
any official or Department. or to any
person holding strictly confidential
relation to the appointing officer"
The plaintiff is an honorably-dis-
charged soldier from the army Of the /
United States in the late civil wal and |
a citizen and resident OF the State. He |
alleged in his petition that he had made |
AN application for the position of City |
Clerk of said city, and that the City |
without consideration OF said |
and in total disregard of |
said law and without investigation" re-
fused TO appoint him to the position. |
and appointed as such City Clerk one
l.. Derby, who was not a soldier of the |
late civil war. The defendant demurred |
to the petition. on the ground that ii is |
being in violation of
section s of article l of the Constitu-
ton of the State, which provides that |
tho General Assembly shall not grant ,
to any citizen or class of citizens privi- |
leges or immunities which upon the !
same terms shall not equally belong To |
all citizens" and in violation of section |
of article Il of the amendments to |
the Constitution of the United States. |
which provides that mo State shall !
make or enforce any law which shall |
abridge the privileges or immunities of |
of the United States, nor shall |
any State deprive any person of life, |
liberty or property without due process
of law nor deny TO any person within |
lis jurisdiction the equal protection of |
the laws" And, further, because the |
statute contraVenes section l of article /
! of the Constitution of the State. which |
declares that "all men are by nature |
free and equal and have certain in |
aienable rights. among which are those |
OF enjoying and defending life and lib |
erty, acquiring. possessing, and protect |
ing property and pursuing and obtaining |