Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-03-15

SORy ~ sUAASe sVsauW tu0S ~ VS. tu bVbSVs
and that the election held under it 10 April
last was consequently valid. This law was
introduced By the Hon. John NJ. Whitta
ker, Of va Baren county, gentleman OF
TOO much prudence and ssgac,ty to confer
such unlimited Discretionary power upoh
any officer. The I'd section Of the acl
reeds as follows:
s'Tl,at the Secretary shall, Immediately
after the adjournment Of the Legislature,
furnish tile printer authorized by law to
print the same, oil laws and resolutions
Of the General Assembly of this State
which shall be ordered TO be printed, with
necessary marginal notes, together with a
full and proper index; aud shall superin
Tend the printing thereof, carefully CON-
pairing the printed copies with the origi
nal laws and resolutions deposited in his
office, correcting all errors that may ap
pear in such printed copies; and shall
cause TO be printed at the end Of each vol
ume Of the laws so printed, his certificate
that the foregoing acts and resolutions are
truly copied irem the original rolls in his
ofiice, and also append table Of the con
tents, ref.rrin, to the page on which each
&C, commences.
There certainly j. no authority given
him here to publish ann lap in The neuspa-
pers. for tie express language is tina, he
shall cause to he printed at the end Of
each roiun,e Of the laws" &c., clearly
showing that It has reference only 10 the
laws in their bound form, Otherwise the
term "volume" could not be used. 1t is.
here worthy of notice that the only spe-
cial power conferred On the Secretary re.
la'ive 10 School Lars, is contained IN the
l5sh section Of the School law itself. X
Is as follows:
"rhat the Secretary Of Estate, be instruct
ed to have copies OF this act, ard all other
acts per'aining,o schools and school funds,
passed BY this present legislature, printed
and distributed among The several fund
commissioners, for the use Of the several
districts in their county,
This car oily refer 10 the publication Of
the law, not only subsequent 10 its taking
effect, but also subsequent to the election
itself Tor it was to be s.di.tributed among
the several fund commissioners, and thew
could not possibly have been in existence
until after the law had taken effect. THUS
il is obvious that the otiicis, signature Of
The Secretary, being appended withou,
authority. SO lar as the taking effect of the
law is conc. rned, by its publication in the
newspapers, amounts to no,hin.. which
he " eli knew at the time Thus The case
stands at the present. No election for Su.
perintendent Of Public Instruction, under
the sanction of lar. has vet been held ard
it is beyond the power OF the Democratic
party, the Legislature, or any other pow.
er, TO obviate the necessity of its being
held on the frs, Monday OF April next,
unless this law is repealed. trust then,
that our opponents viii have the candor to
retract this serious charge So often alledg.
ed against US. But il my opponent 10
really Superintendent Of Public Instruc.
ton by virtue OF the election last spring,
ask why does he voluntarily present
himself for the support Of the people q, the
approaching election for the same station!
He says he is s>arraigned" before the tsi.
bunal of the people. But who. ask, can
he censured for this but himself? There
is no compulsion in the matter; for he has
presented himself, 1T his own accord, be.
tire this tribunal. Why does he not prose.
cute his claims as an officer, and continue
to discharge his duties as such? Fur it
must be remember ed, that,even it should
oe elected, and the judicial tribunals of
the State should subsequently decide that
he v as Lgaliy elected and is virtually in of
flee, my election would be ,aiid, and l
should forfeit my claims TO the station.
There is disposition to excite feel.
ing Of prejudice against me indi, iduali,,
and m. nol;,,cl nar,v with which au,
identified, and an attemp, has been made
to make it appear that our object has becu
TO def,a,d and persecuf. INV oppouent. LIE,
u, have the facts in the case. When,ne
matter came b. fore the General Assembly,
TIN, winter. il was clearly manifest tito,
70 election for Superintendent tad beet.
legally held, and that consequently INV
friend was not legally entitled to colnpen-
salon for his services. But from The Gun.
sheraton that he had to certain ex,en,
4, 81, I,,,:, ~ ,h. ot+;oa .,.,