The Denison review. [volume] (Denison, Iowa) 1867-current, 1916-10-25
THE iowa" GUARD
Will CAST VOTE
Attorney General Geo. w. cosson
Renders Opinion to Effect That
National Guard May Vote.
a COMMISSION is APPOINTED
Law In Question Was Passed by the
Ninth General Assembly Of the
Stake Of Iowa Years Ago.

DIES MOINES,' Oct. 19-Attorney
General George Cosson today rendered
an official opinion to the effect that the
members OF the Iowa national guard
now on duty on the Mexican border
can vote November 7th under the pro-
visions of the sO.called civil war cleo
ton law passed in 1862. This will
mean that the 1920 soldiers and Off
GERS Of the Iowa national guard will
hold an election in the field, just as did
the "boys OF go" In the civil war.
The attorney general declares that
this old statute has never been repeal
ed and is not repugnant to any subse-
quent legislation and that the "same is
in full force and effect and is to be
constructed as being in harmony with
our general laws relating to elections.
That subsequent legislation shall apply
SO far as applicable and that nothing
inheres in the law itself which rend-
ers it invalid or imperative" =, ,
The law authorized the governor to
appoint three commissioners to go
down to the border and look after the
conduct of the election. On this point
the attorney general, whose opinion Is
addressed to the governor, says:
II therefore reach the conclusion
that as governor of the state you are
authorized to appoint the commission
ers as provided by Chapter % of the
acts of the Tenth General assembly to
see that the terms of the act are car
ried out and that the soldiers are per-
mitted to vote in accordance with the
said law"
The attorney general went into the
question thoroughly. Assistant Attor-
ney General G. A. Robbins first passed
on the old law and declared In his judg
ment it was valid. Then General Cos
son himself went over the law and
gave several days to its study and con.
sideration. He said there was too
much involved to give "any horseback
opinion on it." in discussing the law
among other things the attorney gem
eral says: ~ .4.s
THE law In. question was passed by,
ths-extraT session OF the Ninth General
assembly OF the state of Iowa and be,
cams effective by publication on the
seventeenth day of September. 1862.
The law was. OF course, passed to per-
nit soldiers then in the field serving
their country in the civil war to ex-
ercise the high prerogative Of citizens.
1t was duly and regularly passed and
is today the law of Iowa unless (a) it
has been expressly repealed by legls-
lative act; co it has been repealed by
the adoption of the code of 1873 or
the code of 1897; (c) it has been re-
pealed by implication or subsequent
legislation covering the same subject;
(d) or there Is something in the act IT.
self which renders it invalid"
General Cosson says an examination
Of the session laws show that the act
has never been repealed by the legis.
lature of this state. holding that 1t is
a public and special statute and all
such are now valid. In discussing the
law he says further:
"The mind does not readily adjust
itself to the thought that legislative
act which did not appear either In the
code of 1873 or in the code Of 1897 can
staHabe q part of the valid and existing
law of this state. On the other hand,
every patriotic citizen of the state is
anxious to see our boys who are main
tanning: the honor ofthe nation! By; serV-
ice irpon the border given. the same
right as every other. citizen of the state
to exercise the privileges of an elector
il there is any legal method permit
ting them to do so. The question, how.
ever is too important to be deter
mined only by correct legal prlncl'
nles" -..- ''