Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1908-02-20
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Veterans Protected.

In the case OF veterans OF the war
who now hold public positions for in
definite periods, the supreme court
has decided that they can be removed
only for the reasons mentioned in the
soldiers preference act-"incotnpe-
tency or misconduct shown after
hearing upon due notice upon stated
charges and with the right to review
by writ of certiorari."
In Appanoose county George w.
Kittleman, veteran, was employed
by the board of supervisors as janitor
of the court house, without fixed
tenure of office. Toward the end of
the fiscal year another old soldier
made application for the job. The
supervisors gave 1t to him, fixing a
certain date for the commencement
of his service. His name was C. II.
Dorothy. Mr.. Kittleman proceeded to
ask for writ of certiorari which
Vermillion denied, but the supreme
court has reversed the decision and
holds that Kittleman was entitled to
the job until removed according to
the soldiers preference law.
The court does not hold as to
whether the board had the power to
abolish the office altogether. But as
long as 1t exists and as long az no
Cargo of incompetency or dishonesty
applies to Mr.. Kittleman the board
cannot discharge him, according to
the decision of the highest court. The
board supposed that as Dorothy was
an old soldier. also, he could be sub
| stitutsd for Kittleman.
The court holds that as between
veterans Of the war appointing officers
may select at discretion without
formal investigation or finding as to
| their respective qualifications, that
only being required when a civilian
and veteran apply for the same
| place. But no soldier can be removed
from position of unfixed or indefinite
tenure except on trial as provided in
the soldiers preference law. even IL
another soldier apply for the place
as In the case of Appanoose county.
All 'Phone Lines Must Pay Taxes.
| Attorney General Byers of Iowa has
obtained an order from Judge Els
worth at Cedar Rapids which settles
the mooted question as to whether
purely mutual telephone companies
are amenabie to the tax assessments
levied by the state executive council
| A writ of mandamus issued by Judge
Ellsworth at the behest of Second
Assistant Attorney General Cosson re-.
| quires that the board of supervisors
certify to the assessments in all
| cases. This ends the defiance of the
Linn supervisors.
| The case in question was that Of
the State VS.. Fuhmeister ct al, the
board of supervisors and the auditor
of Linn county. 1t was represented
that some 200 telephone companies
were not required by the supervisors
to pay the taxes assessed by the
executive council, as was their duty.
/ Taxes were not paid In 1902, 1903 and
1904. Basing the general average on
the sum levied in 1904 the state fail
ed to receive approximately 10000
in taxes In the three years.
The case had been pending for sew
eral years and was watched closely
throughout the state, 1t being the
hope of many of the smaller COM
panies that the contention of the Linn
county farmers would be upheld. The
farmers contended that they should
not be compelled to pay taxes as tele-
phone companies when they rep. asent
only a band of neighbors with private
telephone connections. Nearly every
county has from so to 100 of these
smaller companies. AS rule all
have met the levies, with the excep-
ton of the more than 200 Linn county
associations.