Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-16
CLERK HOLDS PETITION AND
AMENDMENT DO NOT COM.
PLY WITH LAW.
Is GENERALLY DEFICIENT
IN SEVERAL RESPECTS
Clerks Ruling Sustains Objections Of
Attorneys Representing Mayor Jones'
riends-?etition Lacks Age and
Length Of Residence Of Sisners, and
Affidavits That Sisners Are Voters.

There will not be a special election
10 select 4 successor to Mayor w. II.
Jones-at least not as a result of the
recall petition and its amendment
which are On file with City Clerk L.
Derby. Today the city clerk an
nounced that both the original petition
and thu mencllEcnt we're fnsutfi Gent
because they do not conform with the
law governing the preparation Of such
q petition.
The clerks decision upholds the OBJ
iections of the attorneys employed by
Mayor Jones friends. The certificate
Of the clerk, setting forth reasons why
the petition is declared insufficient.
hgG been attached 70 the amendment
which, with the petition. is waiting at
the clerks office TO he returned 10 the
one who fled it whenever he may call
for IT.
Insufficient as Whole.
Clerk L. Derby's certificate sets out
that. in addition to the reasons given
in this certificate that held that the
original petition was insufficient. there
are general statutory reasons why the
amendment and the petition are not
good. These reasons are that the"'
natures do not include the street ad-
Dress of the siener. n his age. or
length Of residence, or the affidavit q
a voter that the signer is a legal voter
OF the city.
Cerby's Finding.
The following is the clerks certi-
fica-e attached 20 the amendment:
on the 6th day Of January. 1872.
there was filed in my office an amend
ment 70 the petition fled therein on
the 18th day of December. 1871, re-
ouesting that a special Election ioe held
! to elect a successor TO w. H. Jones.
mayor. asking the recall Of the said
ma yor.
Il have again examined this petition
and its amendment. as by law required,
and herewith submit the result Of my
examination as to both.
Il find that the said petition. as
amended. is insufficient. for the reas-
ons set forth in my certificate to the
orr gina petition, and for the reasons
set forth with this certificate
/ 1.-THE statute recites that each
petition shall contain. in addition to
/ the names of the petitioners the street
/ and house number at which the petit
Itioner resides his age, and length Of
residence in the city.
Not one OF the petitions fled. either
with the original or the amendment.
complies with the statute. None OF
them contain any statement as 10 the
age or length or residence within the
city of the petitioners
"c-The statute provides that the Pc
tition shall also he accompanied by the
affidavit Of one or more legal voters OF
/ the city. stating that the signers there
of We're a the time Of signing, legal
voters Of the city Neither the original
nor the amendment contains any such
AFFIDAVIT purporting to be signed by a
{ legal voter nor stating that the sign-
e!s were legal voters at the time of
signing
..3-Fron an examination Of the
amendment to the petition 1 find that
il contains the names of eighty-rine
persons not property registered and
ro1 qualified electors. as required by
Jaw. as shown by Exhibit A hereto at
-aci7ed.
For the foregoing reasons I hereby
certify that the petition and it's amend
melt are found by me to be insult
iicient, and hereby return the same to
the persons fling them.
IL. DERBY,
] city Clark Of the City of MarshalIown.
"Marshalltown, Iowa
Jan. Is, 1912"
Nay Appeal to Court.
Insofar as an election is concerned
as the immediate result Of the petition
and the amendment. this has been
made impossible by the finding OF the
city clerk While there is no law on
the subject. some lawyers believe that
an appeal can be taken TO the district
court from the decision OF the city
clerk. This step may or may not be
taken.
According to the law the petition and
amendment are now reurnable to the
person who filed them. They are ready
in the clerks office for that purpose
but the persons who flied them will
have to call for them, City Clerk Derby
aid this morning.
Also, according to the law, the recall
ers. if they still desire a special cleo
ton 70 Gust the mayor, must circulate