Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-12
ORJEcTORS TO RECALL CLAIM
WHOLE THING IS ILLEGAL
IN FORM.
QUOTE CLAUSE IN STATUTE
WHICH WAS OVERLOOKED
Explicit Provisions in Closing Para
graph OF the Law to Insure None
But Legal Voters Signing Have Not
Been Complied With on Either Oriei-
nal Petition or the Amendment.

II the objections filed to the amended
recall petition today are upheld by the
city clerk and his legal counsel, the
recailers will have to do 1t all over
again, for it is contended by the attcr-
neys for the directors that not single
sheet OF either the original or amended
petitions has complied with the plain
provisions Of the statute. ard they
therefore object to each and every
name on both the original and amended
petition
, 1t seems that. in reading the statute
as TO recall. the attorneys preparing the
recall petition must have failed TO turn
over the page and read the last para
gran! of the chapter in the code, FOR
the several requirements in 4 recall
petition there set out have not been
complied With. nor even attempted. 1t
is there provided that a recall petition
shall be signed by none bat legal
voters. and in order to insure that all
signers are legal voters. it is provided
that each petition shall contain not
only the street and house number but
his aye and length Of residence in the
city. and that ii shall then he accom-
panied by the affidavit Of voter stat
I ing that tbs signers were legal voters
ct the time of signing. All of these
provisions to insure that all signers
we're legal voters have been overlooked
and neglected by the recall attorneys
eXcent that as 10 house and street
numbers So that If the city clerk fol-
lows the plain provisions of the statute
the whole recall petition is knocked out
and must go back to the recallers to be
done all over again in accordance with
aW
!. 1t IS also objected that of the os5
names on the amended petition nine
were duplicates. 100 not registered,
fortv-two not identical with names on
the registry books 162 duplicates of
| names on the original petition, one
illeglble and three without street and
!! residence
Il The city clerk will take several
| days' time in which to examine the
objections in detail and to consult
l legal counsel.
The Objections.
Il The objections filed II thu name of
the same group of directors as before
are:
"Frst-It is denied that the original
or amended petition contains % per
centum of the entire vote for all can
didates for the office of mayor cast at
the last preceding general municipal
election
"Second-It is denied that said origi
nal or amended petition contains suf
ficient number Of genuine signatures as
required by law as shown By the voters
register Of said election. and this OBJ
lection is filed subject to proof at the
time of the canvass Of said petition by
the city clerk.
"Third-That the amended petition
does contain nine duplicate SIGNATURES
: as shown by Exhibit A hereto at
! tached and made a part hereof.
Fourth-That the amended petition
! contains 60 purported signatures o
persons who are not legal voters b,
. reasons Of non-registration as shown
by Exhibit b hereto attached, ant
. made d part hereof.
. "Fifth-That the amended petition
/, contains fcrty-two of purported sigma
/ lures for which there is no correspond
: irg name on the voters register. a
shown by Exhibit c. hereto attached
s and made a part hereof.
i "Sixth-It is averred that tn
:, amended petition referred to contain
f ore illegible signature, identified by pc
e titicn numbers. as shown by 'Exhibi
G D attached ard made a part hereof.
q Seventh--It is averred the amended
d petition contains three purnorted sig
V natures of persons in connection witt
!. which there is q failure to set forth tn
t residence OF the parties signing b.
Il proper DESIGNATION of street and mum
= Der as required by law. shown b.
Il Exhibit e hereto attached and ma d
n a part hereof.
r Eigrti-It is averred the amende
: petition contains 1862 of duplicates O
7 signatures which appeared on the orig
iral petition, as shown by Exhibit F
4 hereto attached and ma de a part here
Of.
DIVISION Two
:. THE above directors by counsel fiji
: the following objections to each nam
on the original and amended petition
e filed:
d lin the preparation of eac
It sheet in the petitions, both origirs
II and amended, the persons in charge
]. the preparation thereof. and acting fc
It those who are seeking to obtain spe
= cial election for the recall of Mayor Y
st H Jones. have evidently overlooked
e very material portion of the law pei
ID tanning to the recall Of public officer
ID 1t is the last section Of chapter IA
l. Of title five. and is section 1O5S-a4
y, supplement to code.
"Petitions provided for in this
is act shall be signed by none but
"a legal voters Of the city. Each pc
t, tition shall contain, in addition to
A. the names of the petitioners, the
a. street and house number in which
Of the petitioner resides his age and
r. length Of residence in the city. It
d. shall also be accompanied by the
v, affidavit of one Or more legal vot-
g. ers of the city stating that the
t. signers thereof were. at the time
ID of signing. legal voters of said city
g, and the number Of signers at the
v time the affidavit was made
tn "2-The portions Of this section
8 which no attention has been paid
& the preparation of the original
g, amended petitions are set forth
ID above copy OF tine law.
ferc