The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1855-11-09

he State OF Iowa ! DfsrRIcr CouRr. September
term, 1855. Of Lee Co. Iewas
Search Warrant 70 Sei5c q
GEosAs SAyTo e. al Iiquars, &C. IS
(Concluded.1


that concedins the power in question, yet II
has been 80 exercised by the legislature a. TO
violate the rights Of the people in authorizing
unreasonable seizures and searches, and TO
that extent it is unconstitutional, under the
! sth section Of the bill of rights.
Certainly no law has ever been passed, au-
thorizing searches, less obnoxious TO this OBJ
lection than the act In question. Under It's
provision a search warrant cannot issue ex-
cept upon the complaint of three persons I'M
der oath, and not even then unless the peace
officer before whom the complaint is or may be
made. shall find probable cause for such in
formation. or is Of the opinion tshou'd 1t pc
! private dwelling to. be searched) that SAID
compliments have adequate reasonsfo Their
belief. Then. the warrant is required to des-
cribe as specifically as practicable the IN
toxicating liquors to be seized, the place or
places where kept, and the person or persons
hy name who are charged, leaving no room
for abuse or oppression IN the use OF tins pro-
cess. The procedure after seizure is con-
Quoted in all its details with the most scru-
pulous regard for the rights of the accused
and owners Of the property, down to the u
innate condemnation or discharge OF the
same 1t is surely unnecessary to notice at
large the specific requirements OF thus law 10
/ show the proundlessness of this objection,
! and how ineomparaby better the rights OF IN
dividuals are guarded under it than they IRE
under similar acts Of Congress passed to
guard against evasions and frauds upon the
! revenue laws of the country.
Lastly, the invaidity OF this law was in
sisted upon, by reason of its submission to
the people Of the State, making the time OF
/ It's taking effect to turn upon their accept
| ance Of the law, by n vote of n majority OF
the electors Of this State.
| It is not concealed that the force of this
| objection, more than all the others, Is feitb by
| the Court, and that the same merits dis
tinct answer.
| The principle involvedi in this objection has
been raised. and eicited no little learning
| in it's discussion, in several of the States OF
| the Union In the State of Delaware the OBJ
/ lection was sustained. In the State or Penn
sylvania the principle has been ruled both
! WAYS, In Vermont the objection was over
ruled and the law sustained. Ia New York
the Supreme Court of the eth district ruled
against the objection, and the Supreme Court
Of the 5th district and the Court of Appeals
ruled in favor Of the objection And in
Michigan the Supreme Court was equally di-
vided, leaving it still an open question, with
no particular preponderance OF authority
either way
In this. as most of the other States Of the
| Union, the law making power is vested IN
Senate and House of Representatives; hence
it is conceded at the threshold of this inqui-
| ~, that the people at large cannot iegislate
| and make Laws, and that every enactment
| should be an unqualified expression OF the
| wisdom of the law-naking power, to constr
| tute valid and authoritative act III the
meaning and sense Of the constitution
| Bat it is believed and II is INSISTED that
when this i done the validity OF the law IS
not impaired by gwng TO it the impress and
seal of the peoples appreciation, even al
| ia agh its operation al giYei. tlme should
BE- made contingent upon their acceptance.
Eaw the general argument upon one SHE
J of this question, rs il may be gathered from
! he decisions thus far made upon It, Is, that
The submission Of Il INV to the people 70 vote
| .heir judgment in accepting or rejecting the
| same, is at war with the representative prin-
| cpEe which lies at the foundation OF al leg
isiation in this country: that 1t shifts the
responsibility from the legislature, the SER
wants Of the people, TO the people themselves,
! mat the law becomes the express Will ana
creature of the people, intead OF the two rep
sentative bodies, to whom the constitution
has alone assigned legislative authority that
The law making power thus set aiioat, aud
vascillating between the people and the legs
| iature, would be exercised without due de-
liberation or Just responsibility; that the
! checks Of the constitution against nasty ana
| inconsiaerate legislation would be superseded,
and that mlnorities would be at the mercy
and caprice of irresponsible numerical ma
jorities; and finally, that the executive and
judicial functions of the government could
a Il al ifp DOH
gated to the people, ac., &c.
Now, this reasoning proceeds upon the idea
that the law has been submitted 10 the peo-
pie in form 10 make its adoption or relec-
ton by them, equivalent TO an act of leglsla-
ton, and thereby making The enactment the
expression Of their will, instead of the will Of
the legitimate law making power. tn such a
state Of case, the argument is believed TO be
unanswerable. And this is understood to be
the character of the free school law of New
York, upon which the same question arose IN
that State for judicial determination, and re-
suited in .he overthrow Of the law. The 10th
section Of their act .ade provision that ''the
electors sh MI determine b. ballot at the an
nudl election to be held IN November ner.,
uhe.her this act shall ornot become d iar. -
: 1t is claimed that ii is fairly deducable from
the language here employed, that the legiss-
} ture intended to confer upon the people a,
! large the whole power to pass or reject the
act IN question, and that their own will and
judgment were not expressed upon ii, blt
that they simply drew up the bill and sub
mitted the question TO the electors Of the State
to decide and determine the fact whether il
should become the law of the State or not
J They did not say that il should become this
law Of the State, in the event the people
/ 81 60 ha hall hnx thoiv
acceptance Of it, and thus give i the sane.
ton of their own will upon the happening OF
such contingency, but they evaded the whole
resnnnsi hilitx hr rnfarrinr fEa na ssana of thu