Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-02-16
coNsrIrUTloNALlrv
OF LAWS NOT SOLE PRIVILEGE
OF MALcoNrENrs.
ONE FEATURE OF PREFERENCE
ATTACKED ~ cossoN
oustins Of Old Solder Janiter From
state HOUSE on Allegations Of In.
competency 70 % Rsviswsd by SUI
prone court-Question Never Be-
fore court-pss Moinss Gossip.

Special to Times Republican.
Des Moines, Feb. 16.-Raising an is
sue of the constitutionality of laws is
a game that can be played by more
than one side. While Attorney General
Cosson is busy defending against at
tacks Of that sort on number of laws
Assistant Attorney General Robbins
is going to raise the constitutional
question on another law that has
proved to be very troublesome. This
is the soldier preference law.
This Is in the suit of Janitor w. r.
Thurber against Custodian W. A.
Duckworth for compensation for los
ing his job at the state house. He
claims that as a veteran of the war
he is immune from removal in the
same way as others. He claims dam
ages because Of removal without trial
and hearing as to competency.
Now there are two sections to the
soldier preference law-one guarantee
ing the veteran preference in .ap-
pointment, and the other making him
safe in his position if he has one, so
that he can not be removed by his
superior officer the same as would be
the case with one not a veteran of the
civil war. The supreme court, in the
case from Marshalltown some years
ago, ruled as to the constitutionality
of the first section on the ground that
the person seeking an office has no
right as to it and cannot claim it as
matter of property.
But the question has never been
raised as to the second part of the law,
which is different thing. There is
clause in the constitution about laws
being Of uniform application and de-
claring the general assembly shall not
grant to any citizen or class Of citi-
zens privileges or immunities, which
upon the same terms shall not equally
belong to all citizens"
Janitor Thurber claims his rights
under a clause which creates a class
with special immunity removal from
office which immunity is denied to
other citizens, and the question is
whether or not this is a proper CLASH
fcation or one which is in violation
stitution as to privileges and immunt
ties"
The question has never come before
the courts and has never been raised
as to this law which Governor Cum
Minis signed early in his administra-
ton.
A reminder that OttumWa is at last
a closed city came to the state execu-
tive council last week when that body
was asked to authorize issue of addi-
tional amount Of capital stock for the
Ottumwa Beverage company, which 10
taking over the property of the OF
tumwa Brewing and Ice company, and
intends to engage in manufacture Of
soft drinks" The company was per-
mitted to issue $4,000 Of stock and
has a $4,000 bond against it. This
property is therefore shown to be en-
tirely too valuable to go to waste.
When the congregational committee
having in charge the Kenyon bill to
forbid interstate traffic in adulterated
linseed oil has hearing on the bill
1t is probable that Commissioner
Barney will appear to explain what is
meant by the measure. 1t is antici-
pated there will be a fierce fight to
prevent it's passage. The Iowa depart
ment is responsible for the bill and will
see it through.