Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-09-25
QUESTION RAISED AS TO WHETH.
Err CONTROL BOARD MEMBER
is ELIGIBLE TO OFFICE.
LEGAL OPINION DIVIDED
ON INTERPRETATION OF LAW
Active Campaign on For Appointment
to Hamlton's Place on the Board
Standpats Are Active and Threaten
ing to Make Fight Against Senator
DolIver as Well as Congressman
Kendall.

Special to Times Republican.
Des Moines, Sept. 25.-1s Hon. John
Cownie. of the state board of control,
prohibited from becoming candidate
for governor under the law? This is
question that is being asked by poll
ticans who remember that the board
of control law says something about
a member not being eligible to any Of
fee for year after his term. If there
is any restriction against Mr. Cownie
becoming candidate for governor it
is probably in the primary election law
rather than in the board Of control
law, tho there are lawyers who believe
that even the primary election law
does not bar him from becoming a can
didate if he resigns his office on the
board of control before the last of next
December.
The section in the board of control
law is in about the middle of section
2727 az of the supplement of the code
and reads as follows:
mo member of the board of control
shall be eligible to any other lucrative
office in the state during his term of
service or for one year thereafter or
10 any position in any state institution
during the term for which he was APP
pointed nor within one year after his
term shall have expired
If Mr. Cownie was candidate and
should be nominated and elected gov
ernor he would enter on his duties
the list of January. 1911, which is more
than one year away. The term to which
Mr.. Cownie is appointed expires April
6, 1910. Lawyers point out that he
could not accept a position in any
state institution till one year after
April s, 1910, which is the term for
cepting an office in the state the re-
1 termination of his service and his serv-
zee would end when he resigned and
his resignation took effect.
1 But there is a provision in the pri-
mary election law that says a candi-
date must make affidavit that he "is''
eligible to the office to which he as
pires. Some lawyers construe this lit
orally and say at the time when I'M
der the primary law he would have tc
make the affidavit he would not be
eligible and hence could not make the
affidavit tho he would be eligible wher
! the time arrived for him to step into
the governors chair. Other lawyers d.
not construe it so literally. They sa,
the intent" of the law would be sat
\ isfied and that Cownie could easily ant
! without question resign now and be {
h candidate for governor.
The resignation of Mr. John T Ham
lton from the board of control will
take effect Oct. I, which is less than
week away. 1t is expected any da.
that Governor Carroll will make tn
appointment to fill the vacancy. Their
are an unusually large number of can
didates in the field for the position
Some consider that it is not seeml
to be a candidate for that position an
are in a receptive mood only Will
others are actively canvassing the feel
4 to get the position trying to get all tn
4 political influence they can for the po
4 sition. None of the persons appointe
to the board by either Shaw or Cum
Minis We're ever candidates. They wer
sought out and urged to take the Pc
sition. In the case of Cow ME who wa
a member Of the first board appointe
and has served ever since Shaw ser
for him to come to Des Moines an
had to do considerable urging to &c
him to take the place and informe
him there were many seeking the posi-
ton and endeavoring to get it thr
political influence
Renewed activity on the part of til
standpatters since their meeting in tn
city last Monday is decidedly notice
able and is causing comment in pre-
gressive political circles. Standpattel
are talking more confidently than the
have for many months. They are tall,
= ing of defeating Dolliver and Kenda
= and some of the other progressive cor
gressmen. They are boosting at ono
for Towner for congress in the Eight
district Suggestions Of Towner ar
opposition to Kendall were made bt
fore the standpatters left Des Moint
last Monday.
One of the most prominent standpa
I ters in Iowa and one who has held OF
of the highest state offices said sin.
the Monday conference that Dolliv
I can be beaten. He argued that Il
standpatters would not be for him al
thought enough progressives would
4 opposed to Dol1fver to defeat him. tt
legislature that will select Dollivel
successor and the primary at which t
people will vote for his successor W
! | 49, no al 100 iorrar-or ca nol