Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-03-11
SECOND GLASS CITIES AND SMALL
TOWNS IN DANGER OF MIX
UP ON OFFICIALS.
NOT ALL TOWNS TO
HOLD ELECTIONS
Towns Which Elected Mayor and City
councilmen Last Year Do Not Elect
New Officers Until 1s1o-Attorney
Generals Opinion Revived Because
of General Confusion.

standing out in the state over the
present status Of cities and towns In
the matter Of the election of officials
at the spring elections. A local publi-
cation is said to have conveyed the
idea that there was some bill pending
on which the attorney general had
given a decision on this subject; but
this Is not the case, as all legislation
affecting the change to biennial cleo
tions is now old, and the decision re-
ferred to is one which was rendered
a year or more ago. The essential
lportions Of this decision as related to
questions which may now come up
in cities OF the second class and in
towns is as follows:
I'm cities OF the second class where
a mayor is elected in odd numbered
years, there will be no election in
March, 1908, the term Of office Of those
councilmen and officers expiring in
1908 being extended one year. In 1909
in cities Of the second class that elect
mayor In odd numbered years, an
election will be held and a mayor. two
councilmen at large and one council
man from each ward shall be elected.
I'm cities Of the second class that
elect mayor in even numbered years,
the usual number of counciimen shall
be elected at the March. 1908 election,
according to the provisions of para
graph 2, section 646 Of the code. In
1909, however, no election will be held
in such cities, the term Of those coun-
cilmen and officers expiring in 1909
being extended one year. In 1910 such
cities shall elect two councilmen at
large and one councilman from each
ward.
No Election in Some Towns.
tTn towns in which mayor Is elect
ed in even numbered years, the usual
number of councilmen shall be elected
at the March, 1908. election, the term
OF Office being fixed at two years. In
1909 there shall be no election In such
towns, the term Of councilmen and Of
ficers OF such towns whose terms expire
in 1909 being extended one year. In
1910 the number Of the members of the
council in such towns shall be reduced
to five.
"In towns in which mayor Is
elected In odd numbered years, the
usual number OF councilmen shall be
elected at the March, 1908, election, and
the term of office of such counctlmen
and officers so elected at the March,
1908, election, is fixed at three years.
In such towns an election shall be held
in 1909 and the usual number of coun-
cilmen and officers shall be elected at
said time for period of two years.
There shall, however. be no election IN
such towns in the year 1910, the term
of councilmen and officers whose terms
expire in 1910 being extended one year.
In 1911 the number Of the members OF
the council in such towns shall be re-
duced to five.
Elect Next Year.
Call town officers elected In 1910 In
towns which elect a mayor in even
numbered years. shall be elected for the
term of two years. All town officers
elected in 1911 in towns which elect a
mayor in odd numbered years, shall be
elected for the term of two years.
'In all cities and towns in which a
mayor is elected in even numbered
wears. the council at It's first meeting
after the March, 1908, election shall APP
point a clerk for the term OF two
years.
I'm all cities and towns in which a
mayor is elected in odd numbered
years, the council at its first meeting
after the March, 1909, elections shall
appoint a clerk for the term Of two
years.
'What is said with reference to the
appointment of clerk shall apply to
the appointment of a solicitor in cities
Of 1000 population or less.
+ while there are objections to the
interpretation herein adopted In this
opinion, it is the only Interpretation
which admits of uniformity, because 1t
Is impossible to give a literal interpre-
tation to the repeating clauses in sec
lions 2 and 8, and have the same be-
come operative as soon as the act be-
comes a law, for the reasons hereto
fore stated; and when it is once adj
mitted that they do not become opera
tive in all cases and for all purposes at
the March, 1908, election, the entire ar
gument against the construction placed
unon said act in this opinion, fails"