Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-05-11
NOT ETHICAL is CHARGE
But Senator's Reasons for Opposing
Measure Is That He Believes 1t is
Not Constitutional and Will Not
Stand Test.
Des .,loines Bureau Of
The OttumMa Courier.
1)eS MOfneS Nav 9.

law is unconstitutional and cannot De
enforced? This is a question that is
being asked in Des Moines.
There seems to be belief with
some that a legislator should assist
all possible in getting the laws en-
forced.
In the meantime, however lawyers
are saying that there need be no
alarm on the part of the city govern
-ments as to whether the police and
fire commission law is constitutional
or not because of the interview given
out by Senator Saunders of Council
Bluffs.
Senator Saunders is quoted as say
ing: Proceedings will certainly pc
instituted to test the legality of the
state law establishing board of po-
lice and fire commissioners, and be-
lieve that the entire law will be
thrown out"
The bill referred to was Senate File
215 by Jackson of Woodbury.. 1t was
passed by the senate March Z and
ing voted for the bill in the senate
journal. He further assisted in the
making of the law by offering some
amendments to it.
Senator Saunders reason for holding
the law to be unconstitutional are not
viewed with much alarm by lawyers
here. The grounds for thinking the
law unconstitutional as given from
Council Bluffs are that the law by
providing that the commissioners
shall be selected from the two domiu-
ant political parties is a discriminA-
ton against other citizens and that
the restriction that persons appointed
by the commission must be residents
of the city for more than five years
is further discrimination against
citizens who have resided in city a
less length Of time. Some opinions of
courts are cited to prove the conten-
ton.
The idea in Des Moines where a
police and fire commission under prac-
tically the same law have been doing
business for some years is that the
Iowa supreme court holds that the
right to hold an Office is not an inhef-
ent right of citizenship but is subject
to statutory regulation. This was the
decision in the soldiers preference
law when an attempt was made to
knock it out on the grounds of its be-
ing unconstitutional because of dis.
eliminating between citizens.
The latest developments in the eff
forts 10 fad office room for ali the
departments of the state government
is the objection to having the histori-
cal building used for anything but the
historical department and the state
library. The objection does not come
from the department but from the old
settlers who are interested in having
The early history of the state preserv-
eG T. B. Berry Of Abba, at one time
a speaker OF the house and recently
president of the Pioneer Law Makers
society was in Des Moines the other
day He said that the historical build
ing was built for the purpose Of pre-
serving The history of the state and
the articles of historical interest He
had read in the newspapers the pro-
position to move the geological survey
department to the historical building
and he registered his objection to any
such misuse of the building. While
he was in the city he took occasion
to go over and see Curator Aldrich
and others about it.
Now that Vice President Fairbanks
has come and gone there is some lit
tie discussion about political centers
over the article of ellison Gardner
in the May Success on the Third
House in which among other things
he says that when the public printer
was persuaded to put typesetting ma
chimes into the government printing
Office it developed that Fairbanks and
members of his family were owners
of about 5000 shares of the Morgan
thaler company stock or about $780,
00C worth and that Fairbanks cousin.
Delavan Smith q Indianapolis, is also
interested in the same company. 1t is
claimed by Gardner that in similar
way Fairbanks had added to the pop
ularity of the Oliver typewriter in the
government building. His son, War
rem. is secretary of the concern.
Primary election books are now
ready. On the orders of the leSi-la-
ture the secretary of state has had
printed 5000 copies of the primary
election law in small pocket pamphlet
| form. They are convenient to carry
about and study in odd moments.
| The supreme court in decision
! in the case of Lizzie Williams VS.. H.
| L. Dean and others holds that a judge
cannot rule on case while setting on
a different county The case was
filed in the Cedar district and while
holding court IN an adjoining district
the Judge made an order affecting the
case which the supreme court holds
/ is null and vcid.
Ora Williams.
4 Z.