Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-07-03
IOWA SUPREME COURT SAYS
PUBLIC WORK MUST BE OPEN
TO COMPETITION.
NO PRIVILEGES DUE
TO UNION PRINT SHOPS
Decision Most Important Handed Down
for Some Timeordnances Held to
be Discrimination and Favorns
One Glass as Against Another-Gist
of the Decision.

Special to Times-Republican.
| Des Moines. July 3.-The decision of
the supreme court in the case of
George A. Miller against the city of
Des Meines to determine whether or
not the city could discriminate between
union and non-union printing Offices
is one OF the most important that has
the reason that nearly every city and
most of the counties of the state let
their printing to union shops.
| The court in the preliminary con-
sideration of the case says that the or
dinance passed by the city providing
that the work be let to union shops was
clearly illegal and void. and points to
the fact that no argument was made
for ii in the presentation of the case
The ordinance had in fact been re-
pealed when the contract was let, but
the court finds that they did in fact
eliminate the non-union shops and let
the contract to the lowest union shop.
The court then says in the closing
part of the decision:
Experience has shown that the in
terests of the taxpayers are best con-
served by offering contracts for public
work TO the competition of all persons
able and willing to perform it, When
the opportunity to compete is fairly
and openly offered, and contracts are
i,~1,
room for official or private graft at
public expense, but just in proportion
as competition is restricted and the
award is hedged about with express or
implied conditions by which a favored
person or a favored class is assured a
preference over others of equal ability
and capacity. public rights are imper-
illed and public interests are sacrificed.
Such discrimination tends to monopoly
and involves denial of the equality of
right and of opportunity which lies at
the foundation of republican institu-
tions.
If then, as tacitly conceded in ar
gument, the enactment of such an or
dinance is beyond the legislative au-
thority of the city council, it follows as
a matter of necessity that it can not
indulge in such discrim nations in its
administrative capacity. The either
may be rich or poor in purse: union OF
union upon the labor question;
catholic, protestant, Jew or infidel in
matters of religion; republican, demo-
crat or prohibitlonist in political affili-
alton; but by the standard of constitu
\ tional and statutory right he is neither
more nor less than citizen of the
j state, entitled to an equal opportunity
4 therein according to the capacity and
! ability with which nature may have en-
dowed him. In denying him that OPP
I portunity double wrong is perpetrat-
B ed first upon the individual, who is en-
titled to be considered upon his per-
sonal merits. uninfluenced by these ex-
trinsic considerations and secondly
upon the state at large, whose ex-
penses are multiplied and whose in.
tegrity is jeopardized by a system o.
favoritism the demoralizing effect o.
which is patent to every thoughtful
student of public affairs 1t is not ma.
i terial that the sum of money involved
1 in this controversy is insignificant a.
compared with the citys revenue O.
its ability to pay. The mischief is no
so much in the particular case unde
4 review az in its tendency and in thu
4 far-reaching consequences of legiti
matizing system or practice so preg
nant with evil possibilities.
= The political pot has already begun
: TO simmer little. 1t is an indication
that it will begin to boil soon and
reminder that the primaries are onl,
j eleven months away. 1t has not reach
ed the stage yet where candidate
will be announced. Rather it is in tina
stage where everything is being en-
acted behind closed doors and the pulls
Of the people is being carefully felt t
ascertain the situation.
One of the questions that politician
ask as soon as they reach the city 1
will there be opposition to the gov
ernor?"
Major Rathbun announced in 100
that he would not be a candidate tina
year for governor but announced the
that he would be a candidate in 1915
He has announced since the electio
Is that he expects to be a candidate 70
l. governor in 1910. He took occaso
II to say before the primaries in 1908 tina
le the tariff issue would be uppermost
1908 and the people would then wan
e rooh-riihhed standnat governor an
g modestly pointed to himself as the like
ly man for them to pick upon.
:. With this announcement of Majo
Rathbun already made it is evider
there will be opposition. The real ques
!, tion seems to be tho, will there be an
- other opposition. Rumors reach til
u, state house that Carl Kuehnle is de
70 termined to be candidate. He wante
a to be a candidate once before. Their
II are rumors in prohibition circles this
:, Senator Durham, Of Manchester, wi
,e be candidate on the republican ticke
I'd also 1t is recalled that John J. Hamil
1e ton last year late in the campaig
is made an announcement of his candi
r dacy on prohibition platform an
a wrote few letters to friends in diffe,
es ent sections Of the state and got 5000
a. votes. This was surprise to every
We one. Now it is being maintained thu
s: on properly conducted calmpaig
IS, either he or Senator Durham would /
ed found to be going some" when tt
primary ballots were counted.
Of There are rumors that Leutenal
lis Governor Clarke and ex-Governt
Garst are likely to be in the race TIL
is all guess work. Governor Garst
he. doing nothing and Lieutenant Governt
Clarke expects to be candidate Il
y. reelection to his present Office.