Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-09-12
Extra Session of Legislature
Could Not Have Adjourned
One Hour Earlier
LAWS REQUIREMENT
Statutes Mandatory to Remain in ses-
sion Until November 9 and Ballot
That Done, Legislature Was Free to
Reeess-Work Of the Session u A.
aIyzed.
Special to Times-Republican.

Special to Times Republican.
Des Moines. Sept. 12.--One Of the To-
cal anti Cummins newspapers, imme-
diately upon the agreement Of the re-
publican majority in the legislature to
harmony program in the interest of
party success, announced with great
.glee that the majority had been in
gloriously defeated and had accepted
in full the program Of the standpat
minority as 1t had been outlined at the
opening of the session. This treatment
of the matter was to be expected.
A small group of members, repre-
senting both factions, informally dis
cussed the somewhat ;bombastic boast
of the anti-organ, on The evening after
the close Of the session and reached a
different conclusion. Their analysis OF
the situation ran something like this:
Governor Cummins and his friends
firmly insisted that the one important
thing to be done wfls to provide by
law for re-submission Of the sena-
.torial matter to the people. The stand
patters opposed this, or proposed that
the re-submission should be in such
manner as to be rep,1gnant and of no
avail Then by action of the democrats
the legislature was forced to consid-
er it's plain duty of electing, or trying
to elect, senator fer the short term,
which in the absence Of any provision
for submitting it to the people could
only be done at this; time in the or
riinary manner which has prevailed
from earliest days.
The original standpat proposal, made
on the opening day Of the term or be-
fore. was that the legislature ignore
the senatorial matter. for tire short
term and leave the place vacant en-
tirely, and that adjournment be had
before the time for the balloting on the
senatorship. At no time did the stand
patters propose or contemplate fulfill
ing the mandate Of the law in the mat
ter of filing the vacancy. Their plan
was absolutely and unquestionably IL
legal and would have subjected the
legislature to the criticism Of setting
an example of laW-l)reaking.
The progressives took the position
that If the legislature was in session
at the time fixed by law for balloting
on senator it should perform that duty.
1t was in session and did vote.
For the legislature to have ad-
journed on Tuesday, Sept. 8, or before
noon Wednesday, Sept. 8, would have
been violation of law.
But on Thursday, after the legisla-
ture had actually balloted for senator,
had in fact developed the deadlock, the
recess could be taken with propriety
and without violation Of law.
The legal aspect Of the whole mat
ter changed as soon as the fact was
shown upon the records that a dead
lock actually existed. For the progress
sives to have consented to any re-
cess prior to the balloting upon sem
ator in joint convention would have
been acceptance Of a plan utterly ille-
gal.
The fact is that the progressive, or
republican majority, adhered strictly
to the letter of the law and the pur-
pose of the special session, and did not
waste one hour of time not necessary
to the main purpose, that of passing
a primary law amendment. The mo-
ment that the primary law was passed
the progressives moved for adjourn
ment and did bring about adjournment
without wasting one minute of the
time of the legislature on the short
term senatorship. If a senator had
been elected, which would have been
the case but for the bolt, the legisla-
ture could not have adjourned an hour
earlier. If there had been disregard
of the law as to the duty of the leg
islature, the adjournment could not
have come any sooner.
The proposal agreed to by the ma
jority on the day Of adjournment was
quite a different thing from that which
was proposed by the minority at the
opening Of the session. 1t involved
no violation of law. It was proper
and regular There was in fact no
surrender, but ready and united ac-
ton to bring about a condition which
all agreed was best adapted for MAX
ing sure republican victory In the state
next fall.
During all this session." said the
veteran Senator Hughes, "the concilia-
ton has been with the progressives.
The others have shown only vindictive-
ness. But we have done it for the
good of the party and have kept the
record clear"
'srhe moment that the primary bill
was passed" said Representative Dar-
rah, "it was our duty to adjourn and
we did it. That was the plain prop
osition before us. We had no possible
excuse for remaining in session. Some
of the 1nembers wanted sine die ad-
iournment and others wanted recess
so that Iowa would not be unrepre-
sented in the senate at the short term.
We agreed to come back without ex-
pense and hold the session to elect a
senator. We reached the conclusion
that was the fair and honorable thing
to do. In all my political work | have
tried to be fair and to treat all with
due consideration. I believe 1t is the