Demoine courier., 1855-08-09
m * W mHEg G@uRERm
From the Iowa City Republican.
Supreme Court Of Iowa, June Term,
A. ID. 1855.

From the Iowa City Republican.
Supreme Court OF Iowa, June Term,
A. ID. 1855.
WILSON II. ScoTT ReIa,or Us: LIN
COLIN CLARK et. a.. Commissioners, &c.
The Relator seis out in his petition
part of the act Of Jan. 25th, 1882, (Ses
sion Laws p. 1867 entitled ian act 10 re
locate The Sea, Of Government" aud an
nexes a copy Of the whole act, praying
that II may be taken as a part of his pc.
ti,ion. The last publication Of this acl
was on the 9th March, 1855.
The answer Gets out The whole OF the
act, entitled "An act in relation to The
taking effect of general laws which
was approved Jan. Oath, 1855. and was
last published Jan. 3Ist, 1856.
The answer dies not show when the
defendants were appointed, but the peti.
ton avels that they were appointed pre-.
vious to the first Of April.
The answer AYERS that the principal
act, that under which they we're appoint.
ed, as well as that authorizing the Gov.
ernor to publish certain acts, wal pub.
i,shed on or about the 25.h jan, 1855.
There was q demurrer 10 the ans wer
which was oser-ruled, and The plaintiff
replied. denying that the act Of the 25,h
Of Jan. was in force when the Commits
sioners tc,ed.
The cause was submitted to The Court
upon the petition, answer and replication
according to the record. without other
evidence.
The cour, finds land this finding is en-
tered Of record) that she Legislature did
pass The &C, Of 25h of jan, that that
act provided FOR the appointment. of Five
Commissioners, &C., &C., that this act
was published on or abou, the 25,h Jan.
1885. that it was s" published by order
Of The Governor, who was authorized SO
10 publish ii by virtue OF an 'act in re.
la.ion TO the taking effect OF general laws"
that the Commissioners were abou, TO
relocate the Seat Of Government Of the
State of Iowa-and .ha, they had a, tina,
time, and still have, q lawful right 10 re-
locate the same.
The counsel for the defenGents claim
that this cause is to be tried by the same
rule that other causes are, end that the
same presump,ions in favor Of a court of
general jurisdiction are TO be entertained;
and he says ,ha, there was a fair trial
upon issues joined. and a finding upon all
the issues for the defendants, &c. Why
are we thus exhorledl W. will certain
ly endeavor TO apply the same rules Of
law TO This cause, hat we 10 to others.
1t will be noticed that the emily issues
are issues OF iaU. The rela,or AYERS
that the principal act was no, in force,
and the defendants deny that il was not
in force. The one party claims that
therefore the Commissioners had no au.
ihori,y to act. and the ether that they
had. The cause il not here upon the
demurrer, az counsel seems TO suppose,
but upon the petition, snswefa and reply.
with The public laws of the land, and
these inc Orported in the pleadings. In
other words j, is here upon the finding
of the court upon those ~pleadings and
laws. There is no call for the exercise
of a presumption in favor OF the court,
excep, in relation 10 the time of appoint
men, of the Commissioners, which does
not appear in the Pleadings. Ii no.
shown tina, they were appointed after the
26,h of March. the day on which the
principal act took effect according to de.
fendsn! reasoning. Bur we will presume
the court had proper evidence in relation
10 this. Notwithstanding the record says
the cause came on for hearing on pel
ton. answer and replication. But how
shall we manage this doctrine OF pre-
sumption, when the court finds that the
principal &C, (25.h JAM was published
on or about the 25ih of JAM, while the
Secretary's certificate says j, was pub.
lished on the 2S,h Of Feb. and 9th OF
March? Shall the presumption fail, or
the certificate If the later, then there
is no evidence that il was published al
all. II will therefore be more favo-
rable to The defendants to follow the Ger.
t~ificate.
We then approach the principal ques.
lion thus: the act empowering the Gov.
ernor to publish acts. was published on
the 3lN Of Jan. and was 10 take effect
from and after such publication. The
act 10 re locate the Seat of Governmea.
(under which defeEdsnts were appoint
ed) was published on the 9Th of March,
and by the Code, Sec. 81, took effect on
the Goth Of the same month, il the pnb
LEGATION was authorized. Its own llth
Section provides that il shall take effec.
from and after it's passage, bu, this is
no. warranted by the Constitution.
We come then 10 the main question,
was the Governor constitutionally EN-.
powered TO publish the act Of 25,h Jan.
in the Newspapers. and by SO doing, did
he give j, effect! The act of Gath of
Jan. which is supposed to give him this
authority. says he may so publish laws
of a general" nature. Is The &c. so
published by him one Of a general ma
,ure. The usual legal distraction Of acts
is into public and private. Blu, there is
a distinction of legislative character DO.
tween the general and special, which il
recogniz eddy Sec. % Of the Code, and
see z Bac. Alb. (ls32.) p. 444 note. or
the special character, are The Two acts we
ara now coosidar;n0 rhav ars w;thoo,