Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1858-02-06
Correspondence of the Journal.
IOWA LEGISLATURE

License Lao Unconstitutional Cen,n,is-
sioners 70 Revise the Las0s.
DE>HoISEs, Jan. q, 1885,
EDITOR JOURNAL - The Supreme Court
adjourned this morning. A very important
case has just been decided. The case is
state o. iowa. Appeal from Desmoine.
Geo. Giebricht, County
Indictment for selling Intoxicating H.
quors without having obtained license in
accordance with the act entitled an act to ii.
cense and regulate the sale of malt, spirit
uous and vineus liquors in the State Of Iowa,
approved Jan. 29th, 1857. A demurrer to
the indictment was overruled, and defend
ant having pleaded not guilty and submitted
his case to the Court, was found guilty and
adjudged to pay fine of fifty dollars and
cost of suit. Defendant appeals"
The only question before the Court was
upon the Constitutionality of the (license)
law. The question is examined at length
and the opinion is pretty elaborate one
and closes as follows:
"This act is not, however, so framed that
= portion of it, liable to constitutional oh
lection, can be invalid, and the remainder
of the act be permitted to stand.
"The matter relative to submitting to a
vote of the people the question of licensing
the sale of liquors is in such sense the We
ry body and substance of the act, that if it
is declared void, there is nothing left to
stand as the will of tho legislature, OF the
Flaw of the land.
cit is in no manner declared by the act
that the prohibitory liquor law is repealed,
and license law adopted in its stead -
This was the question to be voted upon and
decided upon by the people Of each county.
If the portion making provision for a vote
by the people is held to be void, nothing re-
mains commanded by the legislature as a
rule Of civil conduct. We cannot under
take to say, that the prohibitory liquor law
is repealed, and license law adopted in its
stead according to the forms prescribed in
the constitution. ....
"It results from the foregoing considera-
| tions that the act entitled an act to license
and regulate the sale Of malt, spirituous
and vinous liquors in the State Of Iowa,
approved Jan. 29th, 1857, is unconstitution-
al and VOID"
The question of Commissioners to revise
or codify the laws was taken up in the House
and decided in favor of Commissioners, and
recurring them to 90 to work at once by a
vote Of 81 in favor to II against, appoint.
ing Judge smyth, Winslow 7. Barker and
c. Ben. Darwin the Commissioners. The
Senate has made that subject the order Of
the day for tomorrow at 10 O'Clock A. NJ,
and the action Of the House will be concur.
red in, except as to the Commissioners; and
it may be that no change will be made, 81
the gentlemen named are IN the ground
ready to enter upon the duties Of their COM
mission. Yours, POLK.
appointment of the Codifyin9 Commission
= County 1reasurers required to make
.Settlemeni-S Suamp Lasas and Scamp
Land AgSni.
DEsMo,SEs. Jan. 90, 1858.
Eprron JOURNAL - The Senate has just
passed, substantially. the concurrent reso!'i'
ton from the House, appointing &. Ben
Darwin, Jndge Snyth and Barker so'nmls'
sioners t, revise and codify the laws, during
the presen, session II the General Assem IN
bly,.
The amendments made in the Senate wer,
not material, and will be concurred in by thu
House, and the commissioners wiilenternpor
their duties ut oncc. Wien the question
was frst intr oduoed in the Senate, NJ
Thompson, Of Linn, moved to strike out TN
name il Judge Smytl, and insert tenr.
lo'0rsncr, sud pending that motion th1