Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1907-10-31
DES MONIES LETTER |
Items Of Interest From Our Correspondent
at t--e State Capital.
, Q6 9
Preference Law Now Operative.

Preference Law Now Operative.
Des Moines.--In two opinions the
supreme court has declared that the
soldiers preference law Is valid but
that the courts have no power TO
interfere with the exercise OF their
discretion by the public officers en-
ploying persons for positions for APP
pointment to which the law gives
veterans of the civil war a preference.
In effect this will always permit en-
ploying boards to select their choice
among applicants, for II Is up TO
them to determine II the old soldier
has equal qualifications.
Proceedings were begun at Creston
and at Sioux City by old soldiers de-
MED positions to compel the city
councils to employ them. Mandamus
was asked from the courts. At Sioux
City the writ was issued and at Cres-
ton 1t was denied. The supreme court
reversed the Sioux City adjudication
and affirmed that at Creston.
At Sioux City G.. ]. RoGs was an
applicant for appointment as health
officer and was turned down. He
showed the court that he was quail
Upon the showing the court issued
the writ compelling the council to
employ him and pay him. The city
appealed. In deciding that the courts
can not interfere with the exercise
OF discretion by the city officers, the
supreme court says:
1T Is only when the discharged
soldier has equal qualifications with
any other person who Is being con-
sidered with reference to the filling
of the Office that the discharged
soldier is to be given preference. 1t
is not sufficient that he be found OF
good moral character and competent"
The board has discretion as to
qualifications and mandamus will not
be to direct that discretion.
In the case at Creston l.. M. Boyer
was applicant for street commissioners
and was turned down. He applied
for a writ but was denied Il and APP
pealed. Again the court held that
the courts can not direct the council
In exercising discretion as To It's
finding on whether soldier has
equal qualifications. But, adds the
court, this Is no more than to say
that such official may not act arbi'
trarily and unwarrantedly or In dis
regard OF evidence clearly and unmis'
takably pointing to n contrary result
Iowa Banks on Sound Basis.
Members OF the Des Molnes clear
ing house met In an all.day session
and decided to resort to the Issue OF
clearing house certificates as a means
OF protecting banks OF Des Moines
and Iowa and their depostors.
1t has been suggested that thu
banks in Iowa towns and cities where
there are no clearing houses take
similar action to that OF the Dei
Moines and other clearing houses
that is, that they will limit thu
amount OF cash payments until the
present stringency Of the money mar
ket is over. In this way, 1t Is pointed
out, the smaller banks and depos
tories throughout Iowa will tide over
the situation and there will be nc
losers.
With this action OF the clearing
house comes the assurance or every
banker in Des Moines, as well as Au-
ditor OF State 3. II. Carroll. that Iowa
and Iowa banks were never In better
condition than they are at present,
but that New York Chicago and other
banks have taken similar action and
in order to protect the Iowa depostors
It is necessary for the Des Monies
banks to refuse to lend money or Is
sue currency in excess OF any agreed
amount
At the same time the decision vas
reached to issue clearing house certi
flcates It was decided that Des Moines
savings banks should temporarily re-
quire their depogitors to give sixty
days notice of their intention to
withdraw their deposits as required by
the law.
This action is precautionary and
was taken solely as a means TO pro
tect the cash OF the depositors in the
banks OF Des Moines and Iowa.