The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1858-11-03
Are our staturesi In force.

Are our Statutes In Force.
Jndge Mason, under his signature Of X,
makes lengthy rejoinder to our editorial in
reply to his first article. As his second COM
,munication is but repetition, in substance,
Of his former argument, with some further
particulars, reply at length would require
= repetition Of our former remarks. Withou.
repeating, however, we will simply re-state
our position, which was, that the object in
changing the old Constitution was to do away
with the necessity of a technical publication
Of the laws. This cannot be denied, for the
clause Of the old Constitution which declared
that no law should taKe effect till published
and distributed in the counties, is superseded
in the new Constitution by the clause that
no Law shall take effect until the fourth Of
July.
But the Code, in order to carry out the
provision Of the old Constitution requiring
PUBLICATION, enacted that the statutes should |
DO published and distributed in oil the
counties before the frst day of June, and |
then that they should take effect on the FIRST
day Of July.
Now, the new Constitution expressly says
that no statute shall take effect until the
younrn Of July, and thus clearly nullifes tho
lsttsr Of the Code in its leading provision on
the subject Of publication. The remaining
provisions Of the Code upon the subject are
merely subsidiary and exceptional. They
are, in case it should happen sometime or
other that the laws were not distributed
in time to take effect by statutory publica-
tiSn BY the first Of July, then they should
. take effect when distributed.
4 cannot be denied that the substantial
i Eovision OF the Code is nulli6ed by the new
Constitution in its express letter, but it is
eonsended that because the Constitution did
Not follow up this provision Of the Code,
and literally cut off the tail as we'll as the
head, that that portion remains in full life
and force. The clear intention of the
Trainers OF the new Constitution, the spirit
Of that instrument, the literal destruction Of
the head and body Of the publication pro-
vision Of the Code, (by the express words Of
the Constitution,) must go for nothing, be
cause Judge Mason ia sharp enough to make
the contingent" tail Of that provision wig
gle little through the columns of news
paper. With such literal, technical lawyers
turned statesmen, and such statesmen turned
lawyers. it is no wonder there is so much
difficulty experienced in the administration
OF our laws.
But We must notice another point, though
not new one, for it is involved in that al
ready made. II is alleged TINT the new Con-
stitution, and also statute Of last winter,
provide that so much of the Code shall re.
main ia fierce a. has not been repealed BY
subsequent statutes or by the Constitution
What force has this citation Of statutes, ant
why il the act OF last winter logged int
this argument For no other reason, tina
we can perceive, but to pettifog the case ant
humbug the public. The Constitution di
annul this publication provision, or it di
not. II it did, then that statute of las
wiEtsr did not revive it. So the statute ha
the Constitution literally cut of the head an
mashed the body of the reptile, and aime
in spirit and intent to kill ii eli, then Il
statute OF last winter don't assist the Judl
one particle in his effort to make the Ia
squirm and wiggle.
But the Judge says the Legislature mig
enact law under the new Constitution al
provide that il should not take effect till a
ter the fourth Of July. Certainly it coul
Bat that has no legitimate bearing on Il
issue. The main body Of the old law is g
pressly repealed by the new constitutio
and the question is, shall par, Of that sal
statute which is merely adjunct, contingt
or exceptional to the main subject, remain
force, and thus defeat the spirit Of the Ct
stisution and the important legislation
last winter. The Jndse says yes. We
no.
The other point the Judge says he sta
and argued AS matter Of doubt and not N
ter Of certainty. But be still persists in
doubt aud seems anxious 10 instil his dou
into the public mind. What il the aim
purpose Of this persistent effort to unse
tne minus oi sle people VI the 9tats III fsrp
70 the validity Of the statutes adopted
winter7 Why did Judge Mason, in |
"unanswerable speech" Of his, state that
the proceedings under the Bank laws
upon every other suhjectwere wholly inva
-. .SS11oS1... =. .t.e s.:lr-e - he sec-e.a-
distribute and certify them Aud why /
he still persist in scattering doubts Of the
lidity d the laws broadcast amongst the i
pleS Why no. reserve ali these ohiect
and doubts for the proper tribunals Of
State to meet and dispelf
The Judge doubts whether failure Of
Secretary 80 comply with the directory
vision n the statute In regard 10 app.
ine his certificate is not fatal to their ii
isy. Tbs same statute provides thai the
rotary shall cause marginal notes TO be pi
ed with statutes. Ii the Secretary sh
hare neglected that direction, would
neglect Lave raised serious doubts OF tb
hdity Of the laws 10 the mind Of Judge
son. The one provision ID inst ns pos
- 81 49, H.