Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-09-23
suPREME COURT ADVANCES CASE
WHICH INVOLVES NoM-PAkTl-
SAN JUDICIAL STATUTE. i.
TWO CLAIMANTS TO PLAcE
ON BENCH AT PERRY
Question involved Il Whether Superior
Judge Il judicial or County Officer
Right u Candidate TO Secure Place
When Name IL Not Legally on Bal
lot Chief Psint at eIssus.
Special to Times Republican.

Special to Times Republican.
court made an order yesterday adj
vAncing and fixing date for oral argu-
ment on the case involving the right Of
Judge w. w. Cardwell of Perry, to
sit as a superior judge, and the claims
Of Robert s. Barr to the judgship.
This will bring to head decidedly
interesting case. one which involves
the fate Of the whole non-partisan
judiciary law.
Now what will the supreme court
do in a case of that kind, with three
members elected under the nonpartisan
judiciary law and four elected under
the old law. and at least a majority OF
the members not overly jubilant about
the present nOnpartisan judiciary law
Barr was appointed by Governor
Clarke to be judge of the superior
court following the death Of his
predecessor. He sought nomination on
the nonpartisan judiciary ballot and
there being no other candidate he was
declared nominated and his name went
on the ballot. Just before election
Cardell became a candidate. On cleo
ton day he induced voters in sufficient
numbers to write his name on the ball
lots SO that he had more to his sup
port than had Barr. The figures were
certified to the state board of cam
vassers and a certificate issued to
Cardell, since he had the votes.
But Judge Barr did not let the mat
ter rest. He made a contest before the
board of supervisors and the board
decided he was not entitled to a GER
tificate. Then on appeal to the dis
, trict court that body held with Barr
and that CardeT was wrongfully hold
ing the office. There was question
as to whether it was a county or a
judicial office which caused a differ
ence of opinion.
cardsll Appeals.
cardell appealed the case. In the
meantime Barr went to the court house
each day and appeared, so that he
could lay in a claim afterwards for
salary for the full time should he win
The big point in the case, unless the
supreme court can. by some strange
process dodge Il and avoid a decision
that way, IL ~ to the right of cam
didate to secure an election to judi
cial position In Iowa by having his
supporters write his namc upon the
ballots. To do so means to ignore the
nonpartisan judiciary law which con-
templates sort of elimination process
OF the various candidates at the pri-
z mary and combining the voting to GER
tain candidates receiving favorable
consideration at the primary. The
voters who wrote the name Of their
favorite on the ballots did so under the
old law and not under the nonpartisan
judiciary Law. II the voters can dc
that in PERI they can do it anywhere
II they can ignore the nonpar-,san
4 i,diciary law in one respect they can
in all respects. Whereat the whole
law Is forin1 to be of no force and
effect.
II the supreme court holds that the
nonpartisan judiciary law is in force
and must be followed literally, then
the honorable judge of the superior
court must give up his seat The con-
testant is becoming quite old and the
order for an advantage was secured in
the hope that he might live to have
the case decided and that another cleo
stion might not ensue before this one
Ii decided.
But which one Of the supreme judges
will write the opinion In a case involv-
ing law which one Of them wrote?
Negro Appears For White Client.
II the supreme court yesterday
George H. Woodson. negro att5i ney.