Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1858-03-29

shfoe oeaIy popesA Ous tns AsB"'
turs did not 70 % fhr - TO refuse 70
submit i 70 NE people. At The time
Of the elsction for officers under Il, It y
to b submitted 70 he Pe2alss vote.
and we confidently believe that It will
be rejected.
oonssatussonslis q the Amended oA@-
/ When men propose the violation OF
fundamental Law, they resort TO the
most specious and fraudulent methods
of executing the design. Such . de-
sign, when undertaken by great but
wicked minds, u often 20 carefully and
speciously framed, as to perplex courts
Of law in their Judicial Investigation Of
the scheme; but when little minds
undertake the task, the absurdity and
illegality Of the villainy is patent upon
its face.
This il true a. applied TO the Amend
ed City Charter published in our paper
Of yesterday. 1t was gotten up for
base and dishonorable purposes, and
by men who have designs upon the
public purse to the extent Of thousands
| of dollars. Therefore this Amendment
is as leaky ~ seive. and full Of illegal
,ty and unconstitutionality.
lst. The Supreme Court Of the State
Of Iowa in the famous Maine Liquor
Law decision, found in Of Clarke's
REPORTS page 2oa, uses the following
language:
"zAe General assembly cannot L.
galiy submit to the people, the PROPOSE
tion whether an act shall become lar
or not and the people hare no pover,
in their primorg or individual capacity,
to make laws."
This legal proposition has been sim
ilarly decided in every State OF the
Union where the question has been
raised, unless in those instances where
the State Constitution expressly re-
quires the legislative act to be submit
ted to the people. Notwithstanding
this recent decision we find in the
amended charter the following clause
which comes clearly within the objec-
ton set up by our Supreme Court.
"And at said election in April next,
"a seperatc ballot may be given by ev-
"ery person having right to vote At
"said election, to be deposited in q
separate box those in favor of the
amendments shall have on their bal
''lots the words "For Amendments"
"those opposed to Amendments shall
"have on their ballots against
Amendments" if a majority Of
"the ballots 80 cast be against amend
"ments" then the present charter Of
"the city Of Davenport shall be and
"continue in force as if this act had
mot passed"
This is a a part Of section 6 of the
Amendments, and in most unequivocal
phraseology provides that if majority
Of the votes polled arc against the act
It shall not be q law. There is no
equivocation, no lodging. NO escape
from he.inevitable conclusion, that
the Act is unconstitutional. The leg
stature knew it, because the Attorney
General Of the State SO reported to
them his opinion.
I'd. Again, the act is unconstitution-
al as being in conflict with Art. 8,
Sec. 80 of the Constitution of the
State which provides that "The Gene
raj Assembly shall not pass local laws
or special laws in the following cases
-4th. For THE INCORPORATION OF
CITIES AND TowNs," and the same Sec
ton continues as follows:
"In all the cases ADORE enumerated.
and in all other cases ,here general
lao can be made applicable, all laws
shall be general, and Of uniform opera
ton throughout the State"
Now, the Amended Charter clearly
comes within this plain provision Of
the Constitution, and so the Attorney
General informed the Legislature, but
the band Of treasury suckers would not
be stopped by constitutional objections
fnr the 'higher law" Of public plunder
was the motive that energised their
scheme Of overturning our chartered
rights. Such q general law As the
constitution contemplstes has been
enacted by the Legislature, but the hot
haste Of gerrymandering partisans
could not be stayed by such consider
atoms, and they must commit the foul
usurpat'on of dividing our wards, and
Council districts a. q cannibal carves
his victim for the feast. Such legisla-
ton, and such motives for legislation
might be satisfactory to some people,
but we have mistaken the character Of
our people, if they quietly submit to
such unparalleled impotence and ras-
cality. Geo. G. Arndt may hope to
get $4,000 more Of the City's money
IT the thing succeeds, but We believe
that it will not succeed.
A6Airs q the Capital.