Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-12-25

OF unusual interest to every de-
fender of the Stars and Stripes dur
ing the bitter conflict Of 1861 to 1865
and to their legion of defendants of
all old soldiers Is the recent supreme
court ruling of the action brought by
George W. Kitterman against the
board of supervisors of Wapello coun-
ty, relative to the employment Of Mr..
Kitterman as janitor OF the court
house The original Kitterman suit
was entitled G. w Kitterman VS.. the
Board of Supervisors of Wapello coun-
ty, T. ]. Reinier, William Wilson and
A ]. Gardner. MIR. Reinier Mr.. VIII
son and Mr.. Gardner we're sued both
as members Of the board and as In
dividuals MIR. Dorothy, was named in
the suit because he was the slated
successor to Mr. Kitterman The
action was brought February 10, 1907,
and it was a mandamus suit, wherein
restraining order enjoining the
board from ousting Mr.. Kitterman and
Installing Mr. Dorothy March /, 1907.
Mr.. Kitterman occupied the position
as ianitor at the time of filing the suit
under the old soldier preference law,
enacted by the state legislature in
1904.
"This law" says Attorney G. w.
Whitmore, provides that all honor
ably discharged Union soldiers shall
be given preference in public employ
ment, and once employed, should not
be removed unless for incompentency
or misconduct and not without stated
charges and public hearing The
board contemplated busting Mr.. Kit
terman without public hearing or
without any stated charges, believing
that so long as an old soldier was en-
ployed they were within the law. Judge
c. w. Vermilion sustained the action
Of the board in ousting Mr.. Kitterman
on February 10, 1907 From this Mr..
Kitterman appealed and the supreme
court on February Is, 1908 reversed
| the lower court, holding that where
an old soldier was not employed for
a definite term, the board had no right
to limit his term and that where once
given the position under the law lie
was entitled to it indefinitely.
Appealed Second Time.
"The case came back and was re-
tried before Judge Vermilion in June,
| 1908, when the county attorney took
new position and claimed because
Mr.. Kitterman had originally In
| 1905 been employed under a contract
| for one year, that the contract con-
stituted limitation of his Office and
waiver of his rights as an old sol
der r.Kitterman contended that
| this contract of 1905 expired March l,
/ 1906 according to its terms and was
never renewed and after March |,
1906 he occupied the position OF Ianl'
tor under his rights as an old soldier
and not under an expired contract
Judge Vermilion again overruled MI
| Kitterman's position and sustained
the point of the county attorney that
because Kitterman was originally EN-
ployed under a contract definitely fix
ling his Office that the same was
waiver Of his rights as an old soldier
even though the board kept him aftel
the contract had expired and not been
renewed From this last and the sec
ond reverse decision by Judge Yer
million, Mr.. Kitterman again appealed
| and the supreme court on December
is, 1909 for the second time reversed
the case, the effect Of which holding
i is that after the contract expired ant
Mr.. Kitterman continued in the posi-
ton from March /, 1906 on, he did Sc
under his rights as an old soldier un
der the law and was entitled to remain
indefinitely and now comes back to the
district court not for new trial, bu
for the lower court to attend to the
final legal details by issuing the wri
of mandamus, compelling the sherlf
to install Mr. Kitterman in the posi-
ton of janitor and commanding the
board to see that he is retained in tina
position under penalty of being i'm
prisoned for contempt Of court in fail
ling to comply with the writ Of man
damus.
Gardner is Exempt.
"It is the duty of the court to ente
a Judgment against Wapello count.
and T. J. Reinier and William Wilson
individually for the amount of salary
now about $1,000, Mr.. Kitterman ha
been deprived Of during the three
years, which it will be March /, 1910
The Judgment would not run agains
the third member Of the board, MI
Gardner individually, for the reaso
that the records show that he voted I
, retain Mr.. Kitterman and against II
stalling any other old soldier in hi
; place.
1.-THE statute in addition to provit
; ing for writ of mandamus gives tn
, old soldier whose rights are not recos
nized further right Of action for dan
ages against the individuals, who a
officials. fail to obey the law"
The Supreme Courts Opinion.
The supreme court of Iowa, in ru
ing on the case, says as follows:
In the Supreme Court of the State {
Iowa-FiIed Dec. Is, 1909.
! George w. kitterman, Appellant,
VS.. 2e4o
; The Board of Supervisors of Wapell
County, Iowa, and others, Appellee
Appeal From Wapelo District Court
Hon. c. w. Vermilion, Judge.
!, Action in mandamus to enforce tn
plaintiffs alleged right to be continue
in the position Of janitor of the coul
: house of Wapello county. For NOR
complete statement Of facts referenc
is made to the opinion of this coul
! on a former appeal, see Kitterman VI