The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1854-07-27
From the Ohio state Journal.

OH the ground that it was not passed in
the manner required by the Constitution.
| do not know exactly what this irregu.
laritie in the proceedings Of the Lcgs.
Iature, which ibis Judge has been exam.
lining and revising as upon rri. Of cr.
rOr, are; but il seems monstrouS that an
attempt should be made to set aside
aw OH this ground, whatever the irregu.
Iarltles may appear TO be.
|. The court does not hear evidence,
it has no power to hear evidence, as 10
the existence of statute Of the State to
which the court belongs The court
takes notice ca c6cio Of the statutes in
existence, jus: as it does Of the existence
of the Government itself. For this rea
son the court cannot enquire into the pro-
ceedingS Of the Legislature in the pas
sage OF any bill.
2. The court cannot do this for the
want OF power. The constitution has not
gwen authority TO the court to pass upon
the regularity Of the proceedings of the
General Assembly, Whether the act pass.
pc be itself constitutional. the court may
quire. but whether the Legislative body
has, in its proceedings in the passage Of
the act, observed every requirement of
the organic law, is left for that body 10
decide. There is no provision for a
certiordri or a urit of error TO be issued
by the courts for the examination Of er.
rors in the Journals Of the Legislature.
If the courts, therefore, possessed the
power to 20 behind the original roll Of the
statute in the office Of the Secretary Of
State, the enquiry would not be by any
means limited 10 what the Journals Of the
Legislature might show, because they
may be incorrect; the enquiry would be
as to what was in fact done. There /.
nothing in the nature Of the case 10 for.
bid the introduction of parol evidence
The General Assembly has the porer tc
make its Journals just what il pleaSes--
to make them show the proceedings cor
rect. whether they were so in fact or not
Practically, therefore, the public has only
the protection provided by The oaihs o
members that they will not violate the
Constitution and this is the only protec
ton which the organic law has in this, as
III many other instances. provided,
Whenever the court assumes 10 decide
upon the regularity Of the daily procee
dings of Legislative body. as to how its
Journals shall be kept, or read, or amen
ded, how bills shall be read, and record
shall be made Of such readings, &C., &c.
it assumes legislative and not judicial
functions.
3. No court has ever attempted 10 de-
clare statute void for any such reason
as this. All principle and authority are
against it,
There .s a case in Hobarl's Reports
The klngVs. Arundel, ct AL page l09
decided by Chief Justice Hobart, Chic
Justice Coke and the Lord Chancellor
from which ] make the following extracts
"The exception 10 diSannul the act o
parliament was thus; The bill passed frs
in the upper house by the consent Of the
Lords, which was sent 10 the lower house
and from thence returned with this en-
dorsement on the body of the biIl-a ceSil
bill les commons SOm dSSentuS dUer Ia
pr0UiSiOn aAnere. But that there is NJ
provision extant upon the record. Bu
that every till with the endorsement, i,
filed with the rest Of the bills and the
Kings assent unto ii, whereunto the grea
seal is set" &, The journal was ins5,
ted on 10 show t0at ono house had no
agreed 10 the bill without the provso, &c
The court after remarking that the Jour
nails are not full say" But now suppose
the journal were every way full and per
feet, get IL hath no POWER TO DESTROY OF
WEAKEN THE ACT, WHICH BEING A HIGH
RECORD MUST BE TRIED ONLY BY ITSELF
tcste meipsO Now journals are no rec
ords, but remembrances for forms Of pro-
ceedings TO the record" =
The Journal is Of good use for the
observation Of the generality and mate
riality of proceedings and deliberation,
as to tho three readings OF any bill, tn,
intercourse between the two houses, ant
the like; but phen The aci is passed, III,
journal is expired. And in this journa
there appears but one reading OF the bill
in the upper house where it passed, whlcl
is unlikely. But il the record ofthc ac
itself carry its death wound in itself
then il is true that the parchment or The
exemplifcation Of it will not serve, as il
the 4 II. 7, 10, when the act was by the
King with the consent OF the Lords omit
ting the Commons, and was therefore
void. And no that observes the case 81
II. 6, IL, which was the only case relied
on BY the defendants counsel, shall find
it so; and upon this rule the doubt to be
conceived Sc il, upon the parliament roll
itself. and not upon The Journal"
And so the decision was that the "ex-
~ p,ion was of no value"
With US, after bill has passed both
houses, it is enrolled and reported to the
house as correctly enrolled by commit.
Tee, aud by approving this report, the
Legislature passes its judgment upon the
legal passage Of the bill It is then signed
by the Speaker of each house while in
session, and thus the sanction of each
house is given to the bill as properly en-.
acted. The enrolled bill thus signed is
then, by order Of the General Assembly.
deposited with the Secretary OF State. and
this is The original recod ofthe act, behind
which no court or officer of tho govern
ment can look LEONARD