Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-05-07
LAWYERS CLAIM SUPREME ~.
plcIARY PREJuoIcED CASE BY
IMPROPER RULING.
POWERS or MAYOR As
MEMBER OF COUNCIL
Case From Davenport Of Importance az
Affecting All Cities Of tho State
Question Involved 10 Whether Mayor
Must Be Counted as Member When
He Has No Vote.
Special to Times Republican.

Dies Moines, May THE supreme
court came yesterday to consider on
submission a case which incidentally
sixth. general assembly changing the
method Of filling vacancies in councils
in special charter cities SO that, in case
of vacancy long enough before reg
ular election. a special election may be
had. But the case also involves an
other interesting feature-that while it
is only today submitted to the court
on its merits, the court has already
filed, on disposal of motion, a-decision
which really determines all the vital
issues of the case. But the attorneys
today presented the matter just as if it
had not been already decided.
This is the case involving the right
of one w. G. Moth to sit as member
of the Davenport city council. In spe-
ciai charter cities the council elects 10
fill a vacancy Moth received four
votes and somebody else three. There
We're seven remaining aldermen and
the mayor is declared by law to be a
member Of the council Because of
the latter fact the mayor declared that
Moth was not elected not having re-
was to be counted. But Moth got the
certificate The district court ordered
him ousted. A bill was pending to
cut out the appointive system and re-
quire an election. On March 90 the
court sustained a motion TO vacate the
order under which there was suspen-
sion of proceedings pending the appeal.
The sole question Is whether or not
the mayor must be counted with regard
TO an action of this kind involving the
election TO fill a vacancy, or whether
the membership of the mayor in the
council is Of limited application.
In arguments filed with the court
Messrs. Cook and Balluff, for the ap-
pellant, Moth, speak plainly. of what
they think OF the court having pre-
judged the case on a motion when only
one side had been heard and before
the submission of the main case, but
they kept well within the limits of
propriety in calling the courts atten-
ton to what they feel to have been
taking undue advantage of them
The case is Of interest only in spe-
cial charter cities, but the principles
as to membership Of the council are of
general application.
Governor Clarke has more invitations
to speak on special occasions out in the
state than he can possibly accept In
TACT II he should accept all invitations
u he would not be doing very much of
anything but speech making. He is
accepting few OF them and viii! be
compelled to turn down great many
that he would like to accept. The
governor has been engaged for Mem
orial day address. In June he will go
to the San Francisco exposition for
short visit.
u. II, Byers, chief oil inspector, has
returned from short trip to the Pa
T cific coast, visiting his children in
California and Oregon. They have
had very backward season out there"
he said. 1.-THE weather was cold all
the time I was out on the coast and
they have had some severe frosts that
have caused much damage"
49,
One Of the problems put up to the
supreme court this week is that of
deciding when a pupil in high school
really graduates and what constitutes
graduation such to entitle a pupil
to diploma. One Mr.. Sweitzer went
thru the schools at Van Meter and
f wanted diploma The principal had
told him he would get one. The board
. had refused to graduate the boy. But
the principal was kind hearted and the
Z family was of influence, and the boy
was permitted to go thru the motions
of graduation with his class and got
S dummy diploma like the rest of them.
But he was not given the real diploma
and he went into court to compel the