The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1858-10-25
For tho Gate City.
KxoKuk, Dot. "a, 1858.

MKssRs. EpsroRs According to the new
il was incumbent on the people
of the State to elect District Judges at the
recent October election. The Legislature Of
1855 divided the State into eleven Judicial
Districts according to the Constitution. The
first District is composed Of the counties Of
Lee, Des Moines, Henry and Louisa. The
writer drew the bill as Chairman, for that
purpose, of the joint Districsing Committee
OF the Senate and House Of Representatives,
and has in bis possession the copy printed at
tho Capital Of the State from the enrolled
bill. The county Of Louisa occurs in the bill
as ii passed the Legislature and as il was
signed by the President of the Senate and
Speaker Of the House and approved by
the Governor, but in the circulated acts the
word .Lucasn is used. At the recent cleo
ton Francis w. Springer received majority
Of the votes cast for Judge in the first Judi
cial District. II 10 commended that the print
er's blunder, above cited, defeats the cleo
ton that is, that printers devil, by the
change OF word, can Illustrate the demands
Of the Constitution, defeat the design of the
Legislature and cancel the effects Of the pop
ular will. That is the point made by many
persons who believe in popular sovereignty /;
and it Is the first time that the error Of the
type has been made to prejudice so many in
terests. 1t 10 generally conceded that wise
men and iurists ofdistinction discard such
small matters and regard laws as meaning
what the law-making power intended them to
mean. II is contended that because the word
ssLucss' was used in the published law, the
law never was published. The force of the
argument is that the omission by the printer
of any word, no difference how trihing, or
the insertion Of any word, defeats the law
This is too absurd to merit reply. This ro-
sition defeats almost every act passed under
the old Constitution, for there is hardly one
Of any length that does not show on It's face
some insignificant error. The new Oonstitu-
ton provides that "the District Court shall
consist Of Judge who shall be elected by
the qualified voters Of tho District in which
he resides" Springer resides in Louisa, not
Lucas, hence ii is said he is not Judge. Now,
Springer does reside in Louisa, and Louisa is
in the law by fair construction. The code Of
Iowa instructs law expounders TO look at the
spirit Of the Law and not at its mere Dress
Where Louisa is certainly meant, and Lucas
is used, it directs them to read Louisa. Lou
lisa 10 contiguous in position to the other
counties in the first District, and Lucas is
from SO to 100 miles distant and other coun-
ties intervene. Lucas is in the second Dis
trict, and hence it is by law in two Districts,
or else Louisa is the Lucas of the frat Dis
trict. The Legislature OF 1858 passed Il law
fixing the times of holding courts in the diff
ferent Districts, and this law, three days
younger than the Distributing law above cited ],
provides tina, the court shall be held at Wa,
pello, in Louisa county in the first District,
on the frs, Monday in April, &c. Here the
irst District is defined as much as in the for
mer law, and here the Legislature interprets
its own law and says that the word Lucas
means Louisa.
The new Constitution does not require laws
to be published in order TO have effect. The
provision is as follows:
"Sec. &c. No law OF the General Assembly
passed at IA regular session of a public ma
ture shall take effect until the fourth day Of
July next after the massage. Laws passed ut
a special session shall take effect ninety days
after the adjournment Of the General Assem-
bly, by which they were passed.
The law Of the Code was pissed before the
adoption OF the new Constitution and in obe-
dienco to the old one which did require the
laws to be pnhlished.
II the Distrieting Law Of last winter Is not
in force on account Of the mistake made, then
the old Dstrc;ing law is still in force, and By
that law the first Judicial District is COM
posed of the counties Of Lee, Henry, Des
MONIES and Louisa. The new Constitution
required the election Of Judges at the Octo-
Der election, and Springer was elected, and
holds his Office under the old law, unless the
new one il in force. In any view Of the mat
ter, Springer is elected Judge.
j. w. RANKIN.
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