Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-01
LEGAL ACTION 70 De TAKEN TO
SECURE RIGHT TO VOTE
FOR JUDGE.
PRoH,eITloNIsTs TO PROTECT
AGAINST olsFRANcAlsEMENT
saiinser Law Must Be interpreted 20
Bar None or 30 Wiped OF Statute
eooks-Fraternal Order Essays to
Almond Iowa Law to Suit Its Finan-
eiaI con~snisnee-Dss Moinss News.
Special to Times-Republican

Special to Times-Republican
Des Moines, May If there is not
some way found by which the non
in the non partisan nomination OF
judges under the Ben Saltnger law.
there is going to be an appeal to the
courts to have, the whole thing de-
clared null and void.
This Is the exact attitude of A. q.
Coates, leader among the prohibition
chised ones.
1.-The situation is just this way" he
explained to the attorney general yes
terday. Il am a prohibitionist. l
signed one of the papers for one OF
the candidates for judge. l circulated
one of the papers. 1t may be that the
legality of his petition depends on the
paper I circulated and signed. But
however that may be, I am going to
insist that if I am enough Of citizen
and voter to be recognized as having
the right to petition that name be
placed on the ballot, some way must be
found that may cast my ballot for my
choice at the primary. If the law has
been so framed as to disfranchise me
and thousands Of others, who do not
profess allegiance to either If the four
parties that are recognized as legal,
then the law ought not to stand for a
moment"
Another peculiar situation has
turned up. Judge Prouty failed to get
the required thirty signatures in Tama
county, or rather the matter was neg
llected, and not quite enough names
were secured. Now it SO happens that
in the matter of rotation Proutys
name would have been first in Tama
county, if he was a candidate in that
county But by dropping his name
lin lama, that leaves Salinger's name
at the head for Tama county. But
Immediately follows another county
where under the rotation Salingers
name should come first. Is Salinger to
be permitted to. have two large coun-
/ ties, first on the ticket, just because
of this, situation? Probably not.
While Judge Prouty's name will not
appear on the ballots in Tama county
and Thomas, the, Fort Dodge candi-
date, w i'll be off In two counties, the
voters of those counties may write In
their names il they choose and vote
| for them 1t is only in the matter OF
| printing the names that the petition
governs.
Time is up for questioning the right
/ of any candidates to go on THEORETICAL
! ballots and have his, name printed, SO
4 far as state offices Is concerned. The
| certifcation Of names of candidates
4 will go out in a few days.
\ So far as the question Of the Lee
\ eligibility is concerned it will be left
| for each Individual voter to decide.
There never was any desire on the
part Of the other candidates. or of any
of their special champions, to take ad-
vantage of the law and to prevent the
placing of the Lee name on the repub-
lican ticket because of the constitu-
tional provision against judges being
eligible during the terms for which
elected. on the other hand, there has
been feeling all along that 1t would
be a mistake to force the state officials
1 to act under the constitution and de-
clare the constitution to be constitu-
tional, and thus to prevent Lee going
before the: people. Certainly no one
who favors, the fullest discussion of the
question Of eligibility as of all other
questions at issue in the campaign has
at any time thought of filing the writ
ten protest upon which along the state
officials can act.
i The question now goes to the people
Las referendum, and for them to say
whether or not a judge is eligible In
view of the plain wording OF the con-
stitution.
Can fraternal order amend the law
| of Iowa which makes absence fol
seven years presumptive of death?
That is question almost in an in
surance case the papers in which have
lust been filed in the supreme cour'
from Clinton county. man named
Keith with a policy in the Modern
woodmen disappeared four or five
years after taking out the policy. AT
ter his disappearance relatives were
advised by the head clerk to keep or
paving dues until the expiration o.
seven years when, under the bylaws
the policy would be paid. This was
/ done, but in the meantime the ordel
changed the bylaws so that so Ia
as the order is concerned. there woulc
A be no presumption OF death until aite'
the expiration of the period of HE
expectancy, and because of this change
has refused to pay the pelicy.
But it Is pleaded that under the
laws of the state there is presump-
ton that One gone seven years'is dead
and the fraternal order had no right t.
set up some other rule modifying the
contract.
| 4 Il
The socialists will not be able t