Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1847-08-25
70 the Common School officers
Of the State Of Iowa.
Iowa Cry, August 18th, l847.

Of the State Of Iowa.
Iowa CRY, August 18th, l847.
| Gentlemen In consequence Of an i'm
j preston, which, unfortunately has becom,
too common, that the school law is /,
nullity," it it may be proper for me to re-
mind you ofyour duty. And in doing this
1t is not necessary for me to enter into ar
argument in reference to the constitutional.
ity of the publication Of the school law
This will be done when the question come.
properly before the court for decision
Then, it is hoped, the question will receive
. thorough examination, and an impartial
decision. But in the mean time, we might
with propriety inquire, how did you be-
come oficers9 The answers, by authori.
ty of the people; you have not intruded
into office. You have been legally elected
for your election laws Of the Territory.
There is no question asto its legality
The school law is in itself constitutional.
And none can pretend but that there was
a substantial compliance with the very
spirit and design of the Constitution in
its publication. But the validity Of your
election depends on the constitutionality
OF the publication of the law creating many
OF the offices, before your electionto office.
The law was published in newspapers,
and the DIRECTORS say, though the Constitu-
ton does not, that it ought to have been
published in pamphlet. Then it is not
pretended but that the law is constitutional,
and your election legal; Lor that the people
were called on to comply with the require
ments Of this law, before they knew what
the law was. For we suppose a law
published and certified 10 by the Secreta-
ny OF State, as tn its correctness, in a
newspaper, could be as well understood
as if the same had been done in ''pamph-
let" But this is the real question: is
there sufficient discrepence in the wording
OF the Constitution and the manner
OF the first publication Of the law, to
enable CERTAIN individuals, who were
very deeply mortified al the result OF the
election Tor superintendent, 10 thwart the
design of the legislature and oftae people,
by securing decree from the courts, Of
invalidity OF action, on the part of the Sec
rotary of State. in the first publication of
this law, aud thus Gus; from Office an in
dividual and one alone-whom they were
unable to defeat before the people. 1t is
nothing but question Of office between
the superintendent elect, and few in.
cividuals who opposed his election 'to the
teeth" with truitless fury and insane Bit
terness, and made to assume the appear
aDce Of question of law, to cover, if pos
sible, the malignant design. And it never
would have been permitted to effect your
election, could the great design have been
accomplished in any other way. Neither
is this designed as a reflection on the in
terior or superior court, from whom a
premature decision has been obtained,
without thorough examination, and a
Legitimate defence by any one who desired
different result.
And in this state Of the case, a question
of duty presents itself. Is it proper for
us to proceed in the discharge OF our re-
spective offices? This is question of
great moment to the honest man and wor-
thy officer. But it is preceded by the
question, can we do SO without endanger-
ing the interests the State? Reason and
common sense answer in the affirmative.
An individual in the possession Of an
office, and in the discharge OF its duties,
is supposed to be legally entitled to such
70
proceed in the discharge Of its duties I'M
I'll the opposite Is shown TO be true. And
to say that his acts, as such, would be
invalid, would be to overturn civil society.
If the invalidity of an election would ef-
feet the validity of the acts of an officer
whilst in the discharge Of the duties Of an
office, with what safety could OH go into
court with question Of law? Ii the
clerk, the prosecuting attorney or the
Judge on the bench, should be shown 10
be illegally elected, according to such
version, it would annihilale the court with
all its former proceedings. Before you
could proceed safely, you would be com.
PEELED tn 60 back to the poll book, exam
lie TIC CItucl!lldlS vi tic OuiCcIS Ol tlcC.
tons, the manner of their appointment,
their records, their returns, the date of all
their proceedings; the validity of the law
under which they acted; the constitution
atty of these laws, and the time and man
ner of their publIcation-with the con.ti
tutionality OF the election Of Legislators by
whom they were enacted-the consti,u-
tionality OF the law authorizing their cleo
ton; and where would the enquiry end?
The same course would have to be follow
ed, in reference to every officer with
whom we have to transact business. Who
knows that the Governor of your State
was legally elected and enstalled into Of
flee! Before any one could know this, he
would be compelled to examine every
poll book in every county and township
IN the state, and every legal minutia con-
neclec with the Offices; the laws and the
returns: and every particular connected
with the constitutionaiity OF the body be-
fore whom those returns were opened;
which would depend on the validity OF
their elections, and their title to the seats
they occupy. When would such inves'i-
CATION end! We can come to no other ra-
tional conclusion, than that an officer, in