The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1858-10-29

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- qnssssay,
Are OuS STATUTES In Torcey
A Distinguished legal gentleman contrib
utss very learned technical argument to the
soisnns Of tho Journal, in which be takes
dispositions. First, that tho Statutes do
not take elect till distributed 10 the various
c6pnAies OF the State; and second. that the
Slasatss % distributed must have q eertin-
49, Of the Secretary Of State appended to
the.
HeW, undm The old Constitution and Code,
- 1rst proposition was true. But We con-
tsnd that The nsw Constitution repealed that
provision Of ths old Uonstitution which re-
quired publl| Ation Of the Statutes, and
tAah publication isao longer constitutional
prerequisite 10 ~ taking elect Of the
Statutas o.. Iowa. And = consequence,
thai Tie sse@i)n Of tho Code, passed 10 order
to carry o. Mis- rsquisition Of the old Con-
stitatiea N14ch u no longer in force, i rem
dsrsd ahs6 lsly null and void BY the new
ns6GaAeptsd b. the new Constitution for
givink t0sct to Statutes. Our new Consti-
tuition does not require tho publication Of the
laws = condition precedent TO their taking
sGsct, but provides in the place Of publica-
ton, and doubtless to secure the Same end,
in general way, that they shall not take
eiEsob ill the Fourth Of July. While under
the old Constitution and the old Law in 40
oordance with it, the Statutes took effect
when distributed in the several counties Of
the State.
Il was evidently the spirit and intention Of
tie nov Constitution to dispense with the
necessity Of actual or technical publication
Of laws, q condition precedent to their
going into effect. Then it follows that the
provision OF the Code IL in violation OF the
spirit Of tho new Constitution, for the pro-
vision OF the Code vas enaoted expressly to
secure the publication Of the laws, in 40
cordanoe with tho old Constitution, whose
spirit and letter made publication essential
10 the validity Of Statutes.
The second position, - stated BY the
writer, Is, that - another condision prece-
dent to the taking effect. Of the Statutes,
"They must be bound in volumes, and moi
"only 60, but there must be . certificate ap.
sspcnded thereto, signed By the Secretary Of
estate, stating these are the statutes, and
sseorrsctly copied from the originals on fls.'
And, "Now there il no such certificate up.
spendsd to the pamphlet, which purports Il
sconssSa the laws Of the last session, and
stwhich 10 the only one that has yet been dis
tsibutsA 10 this county"
taxa it for granted that X, ant
Jud1y Mason are identically one and thl
same individual, and we find this doctrin
stated in still stronger terms in speech pur
porting to have been delivered by him, whicl
was secretly circulated in the county anon,
the faithful, prior to the election, but who
Ne kisd in vain to get hold Of, until yester
d1y. That speech evinces the Judges par
f1ality for certificates, in q remarkably mod
nanner, there being prsixed to Il oeI
!, ksihsste, signed by Charles Mason and Others
= stating that, in their opinion, the speech
uHAnswcrable. IThey took particular pair
TO keep the thing out OF the way Of beir
answered prior TO tho election.l In til
II 1peech, great fault is found With the Sscr
taryso1 State for not appending cersi6ca
10 the lkws, and il is asserted that . certi
-. 4. -. l..ol No.; acca ~ tha nuHIHustv
the laws, and that without n thefeN no Q,
dsnoe that tho pamphlet ls~s are the Statu'
Of Iowa.
! Now, the speech and the communicate
both assume, or assert, that such \ cert
cate 10 essential, in sone way, to the valid
Of the Statutes.
But the law to which be refers makes
certificate only prima tacie evidence, a
not ct all material to the validity Of
Statute, for that the Pamphlet Statutes
the laws Of lows, 10 susceptible Of proof
. variety OF modes. The certificate Ii
more matter Of convenience, in the way
evidence. II the certificate should be t,
on, il would be none the less the 1Ssatu
OF Iowa. and 30 II it was never append
they are still the Statutes OF Iowa.
The Statutes Of the session OF 1854
and probably others, have no such certi6cs
yet they have been in force for several yer
and will continue valid sill repealed, Ger,
cate or no certificate.
The Supseme Court 10 not at oil likel,
turn round nov, after having decided in
vof Of the validity Of the statutes Of II
notwithstanding the lack Of tho certificate
tho Democratic Secretary Of State, and
eide that tho statutes Of '57 are invalid
cause Mr.. Sells has not appended his Ger
cate. The law directed them both to app
thsir certificates to the session statutes,
NO Uourt, win grain oi legal learning
connon asnse, ever decided that the fai
u comply with such directory provis
reaAersd esen one statute, not TO say the
= utss 81 IN entire session, null and void.
~ cannot think there Is any force at all in