The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1863-12-24


county Of the electors residence NAV b
constitutiouly authorized. II is expres.l
30 held 10 the case above cited from Oou
necticut, and this fruling certainly accord
with the object and purpose of State Con
stitution AID the powers we'll understood ,
bs possessed By iAe. Legisletwe-f9r III
Constitution, A. applied to the Legislative
Department, is limitation and not a gran
OF power. Or in other words, If the Legi,
'aturs is not restricted. it has full power I
provide who shall have the right Of suffrag,
and prescribe the TINA, place. and manne
ofits essrcise--tOr ths Legislature ciearl
has the power to legislats on al rightft
subjects of legislation, unless expressly prc
hieited from 50 doing, or where the prohi
bition Is implied from some express PROV
sion. This theory must never be lost sigl,
OF by courts in examining tho powers o
the Lesislaturs. Il ID elementary, cardinal
and possesses frequently controlling weigh
In determining the constitutional validity O
their enactments. Where the prohibitio,
Is express, Of course there can be no exer
else Of power So where 1t is neces,aril,
implied from some express provision, tn
law-rnaking power cannot interfere.
In either event the Constitution Is to b,
taken as clear and full mandate, and tn
Legislature. 80 to speak, an inferior, canno
change. extend or control its meaning
Thus If the Constitution declares that ,
thing shall be done in particular msnn e,
or way, it Is impI ed necessarily that i,
shall not bs done any other. T, illustr, te
ifit declares that the votes for the electors
shall be cast At q particular place, Il was
not necessary to prohibit By express words
their being cast at any other. But if there
is no such express declaration and none
fairly to be implied. IL il within the mower
OF the Legislature tc Ak the place. And
this We repeat, upon the principle that the
General Assembly possesses all legislative
authority not delegated to the General Gov.
ernment. or prohibited by the Constitution,
We need hardly remark, to avoid misappre.
hension, that this general statement Of the
proposition, has no reference to the rights
retained by the people as contemplated by
the last clause Of the first article of the Con.
'titution. for an exposition Of which, see
The State sg. rel. %. The County Of Wsp.
sllo, IS, Iowa SIS.
In view Of these authorities and general
principles what construction shall be give n
o the provision under consideration ? It
observable that the constitutions of some
# the States, ard especially the Western
i'"' "'u"o ." Ss~vo7 -.--..--.--.-a-
n tho States Of Conne.4icut .na ~ 'n
Hampshire, q "town meeting" is conteh.
plated, the electors are warned to be present
md their votes are to be cast there in the
presence Of the selectmen-er, asit is ex-
,rs.sed in the Constitution Of Massschu-
Istts, the votes are "to be given in" at such
Meeting. to the selectmen 20 presiding.
In most Of the States South, and some Z
hose West while no ''town meetings" are
provided for, it is clearly and expressly de-
.lared that the elector shall not be entitled
10 vote except in the county in which he
may reside at the time of the election. I'm
addition to those alrea eady cited, see Ala
bama, Art s, 5S6) In such cases, there
could remsin no reasonable room for contro-
vesy-for the affirmative words imply .
negative so strongly that the use Of mega.
tive words Was unnecessary in the Ian
guags of Chancellor Kent the means for
the exercise Of q power Cor r,ght) are 80
clearly given or prescribed. that no other or
means could be employed, Il Com
515)
The Constitution Of this State Is not
however, so explicit. There is certainly nc
cypress provision like that found in Ala.
bama and the other States referred to. pro-
hibiting the exercise of the right. except in
the county ofthe electors residence. II nc
express prohibition, is any necessar ly i'm.
pliedf
II il not claimed, nor could it well be
that soldiers in the volunteer service Of tn.
Goverpment. by their absence, have lost OF
changed their residence. Il still remains
unless changed by some other act, in tn,
county Of their re sidence At the time Of en-
tering the service. II at home or in th'
county Of their residence, on the day Of cleo
ton, they would unquestionably have tn
right to vote. il otherwise qualified. Thu
far therefore there is no difficulty. The in
quiry then ia. whether the Constitution Axe
the place Of voting, Tin tho county,, as
test Of qualification--or whether it gives tn
qualifications and leaves the place Of votinI
to the Legislatures
And tie argument is Legitimate that a
our Constitution differs from those Of othe
States, there Was an object in the phrrseols
gy employed. For when il is remembers
that very many States had before 1857, b
their Constitutions. nsed such express an
clear language. prohibiting tho exercise I
the right. out Of the county or precinct
the voters residence, and that our CONVEX
ton had the benefit Of such provisions IN
lights, It 10 fair to presume that the same
similar language would have been used.
il had been intended to Ok tho Same qual
fication The words Of the Constitute
furnish the test to which the statute is
be brought, and generally all arguments d.
rived from general principles must be a
dressed to the Legislature or the people an