The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1858-10-23
For tho Cato City.
Lucas W. Louisa.

MEssKs. EDITORS: The question which mas
been raised, as TO whether Louisa county 10
part OF the lst JudiciAl District, did not
assume Sufficient Importance 70 demand .
serious answer until s'the opinion Of m en-
inent lawyer living 10 Quincy, Illinois," was
published in the journal. That opinion was
given without that consideration which the
legal reputation OF Archibald Williams
would seem to require. The premises an
which that opinion is based are false, and the
conclusion, therefore, is erroneous
The opinion that Louisa county is not
part of the let judicial District, is founded
on the publication Of the laws under the
Code.
Now. we assert that under the New Con-
stitution, all laws Of public nature passed
at a regular session Of the General Assembly
take effect on the 4ih day of July next after
the passage thereof; that the new Constitu-
ton changes the time and manner OF the
taking effec, Of laws, fixing certain and
definite time, and not leaving the time IN
certain and dependent on contingency
the publication--As under the old Constitu-
ton.
That there has been change made, and
what that change is, viii appear from citing
the provisions of the old and new Constltu-
tons in reference to the matter.
Section 81 Of the old Constitution reads
as foiisxs: ssNo Law Of the General Assem-
bly,, of public nature, shall take effect till
the same shall be published and circulated
in thu several counties Of the State by au-
,hority. II the General Assembly shall
deem any law Of immediate Importance they
may provide that the same shall take effect
BY publication in newspapers in the State"
Section 26 Of the new Constitution reads :
"No law Of the General Assembly passed at
a regular session, Of public nature, shall
take effect until the 4th day Of July next al
ter the passage thereof. Laws passed at
special session shall take effect ninety days
after the adjournment Of the General As
sembly by which they were passed. II the
General Assembly shall deem any law OF i'm
mediate Importance, they may provide that
the same shall take effect by publication in
newspapers in the State"
II will be noticed that the language used
in both sections is precisely the same. Inc
clause, ssuntil the same shall be pupashea
and circulated in the several counties OF this
State by authority" found in the old Con-
sti,ution, is taken out, and the clause, "un-
Ill the 4sh day of July next after the pass
age thereof is inserted in the new Constr
tuition, with the sdditial clause, not IN the
old Constitution "Laws passed at specia
session shall take effect ninety days after the
3 adjournment of the General Assembly BY
which they we're passed."
Now why this change, If it was not IN
0 tended to change the time and manner o.
laws taking effecls Why the insertion o
the additional clause as to laws passed at !
special session.
Anply the same rule Of construction TO th
language Of the new Constitution that ma
. been applied to the old, and the conclusion
il irresistible that the law fixing the Judicia
8 districts of the State took effect on the-4t
day Of July Inst, before the State Printe
q made the typographical error in printin
@ Louisa, Lucas, and that error possesses n
4 such legal omnipotence as TO nullify an
: render void that which has already becom
effsctual.
/, Under the new Constitution tho only law
e which take effect by publication are such Il
"the General Assembly shall deem OF imms
3 date importance
This ought 10 dispose of this whole que'
ton.
But it may he said, Az Is said IN the opit
ion OF Mr.. Williams, Of Quincy, that IL
law itself provides that ''thls Act shall
in force from and after its publication a.
= cording to law.n This may be regarded I
" simply surplusase, and the law stand. III
law would be perfect and complete witho'
- this clause, as many Of the laws arc witho
= any provision as to when they would take
: feet, and vet they have taken effect under t
Constitution.
And again: this clause, If in conflict wi
ian the Constitution, is null and void, just
Mt, the law of tho Code which provides for
md taking effect Of laws by publication ia nj
to and void il in conflict with the paramou
nse law.
1t is not, then, ssentirely clear that this
naa can have no force till such publication
ia This question was raised at the Capital, q
discussed in she District Court, and
Judge thereof decided that publicat
under the Code was no. necessary. And
the Secretary Of state, being fully advised
the the premises, did not nc, under the publ
lich ton law Of tho Code ia tae distribution
iny. the laws. Liza
an
otes
rrel A new source OF wealth has been str,
and upon in Iowa, and it promises to be p
,nIe life one. IL is the Nth Of the Chin
in sugar cane, and the manufacture OF su
thin and molassss therefrem. Already has sc
the OF the molssses been brought to the
t;on buuue market for sale. Every dollar
Ina. oat in the purchase OF this home made
ON iasses is u dSllar saved TO the State,
every consumer should make it q poini
~. purchase the home production, even tho
s''ss il should not be quite 80 good IN quality