Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-01-14

ofthis noble river, than they, who during
tho great var. bravelv covered il with the
natural emb,em. aud critasouei - waters
with their blood
AGRICULTURAL COLLEGE
The Agricultural Coiltge bulldog is
nearly completed This ST. itare, IN is
srchll ectural designs and necuanicsl exc
cut'on, Is one pt the most imposing and
substantial ia TIM State An arpropria-
ton viii be REQ ire,l to furnish and prepare
it for use The tafrn should also be stocked
and greatly improved recommend lib
ersl appropriations tor the purpose Of thor
ouehly te-iing by an cyperinen al orchard
the kinds of valuable fruits that may he
grown in the State. and the most feasible
aad economical inrt oos Of cultivation
We must not hrSi ae o do WHIST is re-
quired TO ru, this institution into practical
operation. When this shall Rave been
dors, ITS ric.i endowment. will tie sufficient
70 continue an sustain H. The
Board o. Trustees will submit their
report in due time for your information,
rendering the giving Of details on my part
unnecessary.
srAra HISTORICAL SOCIETY
The officers and members Of the State
Historical Society. whose report will
be submitted. have labored with great
care and eommendable zeal in collecting and
preserving facts nad relics Of various kinds
for the purpose Of completing and perpetu-
ating the history Of The State. This valu-
l AHA lah tss LaA -, prl rtne
Disadvantages f,r the want of that assist
ance which, in my opinion, il vas the duty
OF the State to render. Its operations have
80 far been conducted by individual enter
Prise, and to great extent by private
means. If this Society is 10 be regarded as
= State institution, it is necessary, in order
to promote its efficiency, that il DO taken
under State control aud furnished with
needed and appropriate aid.
CONVENTIONAL AMRNpngSrs
transmit for your action the Joint Yeso-
luton Of Congress, adopted June is. 1896,
proposing to the Legislatures Of the several
States . Fourteen Article TO tho Consti-
tuition Of the United States"
This proposed amendment embraces con-
siderations Of vast Importance 10 the peace
Of the country and 10 designed to secure
10 more permanent form the dear bought
victories achieved in the mighty conflict
carried on BY the loyal mon Of the county
for the preservation Of the American
Union. A large number Of the States havs
already ratified the proposed Article and
the decision Of tho General Assembly Of
this State Is now required. and recon
; mend that it be promptly and atlirma,ively
given.
discover on examining the Act, (chspssI
. 101, Acts Of 1866 proposing 70 the pres
ent General Assembly tho pending amend
,nents to the Constitution Of this State, ant
prescribing the manner Of publishing MOTTO
thereof, that grave doubts exist % 10 it
regularity.
The Constitution, Section ]. Article 10
I requires that three months notice Of pro
! posed amendment, BE- published "ss prori
: ded BY lac" In tho enrolled bill. ~hicl
: submitted il. and which required the Score
: tasv Of State to publish the proposes
: amsndm, mt 10 one paper in each Congress
= sional District in the State, the enactiol
. clause, which our Constitution requires a
Z laws TO contain, was inadvertently omitted
. In nv opinion the validity Of the Act ant
i Of the notice published in obedience 70 il
: admit Of most serious doubts, and you ma.
. find il necessary to re-submit the propos
$ ton Of tho last session. Tho question thu
s presented should be carefully CONSIDERS
4 before any Law is adopted by the pressn
: Legislature, finally submitting the proposes
. amendments 10 4 vote OF the people.
i feel assured. however, that you vii
= not falter w on this great question Of popu
lar rights, ~ | shall nos myself; and
Il know the people Of Iowa will not take an.
! backward step, or permit their flag 10 b
. owered.
Il OPINION OF JUDGES.
!, The Legislative and Executive depart
ments Of the State government are moi un
: frequently required, in the performance o
8 their functions, to act upon matters import
y ant to the public interest. where grave ques
tons of constitutional or statutory law ar
involved. The embarrassment experiences
: in such cases is greatly augmented by III
. fact that the immediate actlon Of the De
partment 10 required, whom On error 0
), judgment, in the legal questions concerned
!. may result in much detrimsnt, both I,
public and individual rights. AZ the las
now stands the members Of the judiciary
are not authorized TO render any opinion
upon questions, unless in the adjudication
. Of . case regularly brought and submitted
: To obviatc these difficulties, some mod
must be provide for resort to judicial -
;. sistance in . manner that will render it au
u theritative upon the questions involved.
In many other States their constitution
provide that the justices Of the Suprem
Court shall be obliged to give their opinion
: upon solemn occasions, when required b.
the Governor, Council, Senate or House Q
: Representatives"
This provision has | cen thoroughly ties,
ed in States where it prevails, And their ex
perienee has amply demonstrated its Wis
: dom and utility. BY this means also, mucl
uncertainty ard expensive litigation nigh
be avoided in settling tho constitu tionalit
of legislative enactlnsne. In the abscnc
of any provision in the Constitution on thi
y subject, entertain no doubt that you hav
power to pass . law establishing such
regulation. and earnestly recommend the
! it DO done.
The attention Of the General Assembi,
i 10 respectfully invited to the Importance Q
q introd cling some material change in tn
!. structure Of our judicial department, " hsra
!. BY the increasing business OF the pressn
!. Courts may Be curtailsd. and the promp
|. | administration Of justice moro perfectly &C
= cured
). The Constitution wisely provides tbs
= courts, inferior to the Surr, me Cour,, may b
!. | established from time 10 time BY the Gensl
al Assembly. An additional court Of eommo
y law jurisdiction. in lhs more populous poi
!, tions OF The State, has become nscessar
i for the speedy administration Of justice, On
70 the vindication II individual rights.
n meet the present requirement, ! chang
!. can be made in the organization Of Il
!, County Court, making it . Court Of Qua
- ter Sessions, giving il appellate jurisdictio
in causes determined before justices Of Il
), peace, and such additional Jurisdiction co,
q current With the District Court ~ you ms
:. deem il sxpedient to coefer. This provi
i lon should BE- limited in ito application,
~ counties above . prescribed minmu Dol
!. ulstion. The objection that the Judges
II the County Court ere not generally chose
y With view 20 the performance Of judici
:. dutiss, would probably cease aiier Il
= Court itself 10 thus reconstructed. Shou