Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1871-02-17
lawyers who are themselves want

lawyers who are themselves want
ing in all those qualities that give
dignity, weight and authority to the
Supreme Court of our State, declar-
ing to jury of six Of our citizens
who make no pretensions to a knowl-
edge of the law that they are to be
the judges of the validity or consti-
tutionality of the law, and entering
into an elaborate argument before
them upon that momentous question!
1t was not the fault of the jury that
they were placed in this ridiculous
and unheard of position, for they
were not lawyers and could only
Judge of their jurisdiction by what
was told Them. Not only was nearly
the whole effort of the attorneys fol
the defense addressed to convince
them that it was proper for them to
decide upon the validity of the law
but they were so charged by the
court. They did as they were told
they had right to do-declared fol
the defendant on the ground that
the law is invalid. No doubt this
verdict was given according to the
best of their knowledge and belief
and I repeat it, they are not to be
blamed for performing the duties Of
our Supreme Court. They may
thank, principally, the lawyers fol
the defense, for having been placed
in an unenviablc position. In ref
erence to the Justice, Judge Roszell
let me say right here that he mani
tested an earnest desire, throughout
the trial, to perform the duties OF
his position with perfect fairness
and impartiality; that in view of the
fact that he entered upon the duties
of his Office only few weeks since,
and could not be reasonably expect
ed to be thoroughly posted in unu-
sual questions of propriety and ju-
risdiction, it is no discredit to him
as an officer, that he should make
the mistake above referred to-a
mistake which he has since Iractic-
ally acknowledged by not repeating
it in a case precisely similar.
The lawyers for the defense sim
ply took advantage Of the inexper-
fence of the justice and the igno-
rance Of law Of the jury, to mislead
them as to their duties and to place
them in All embarrassing position,
for the sole purpose Of wringing out
a verdict in favor of their clients,
for one of them was afterward heard
to declare, upon being questioned
as to the propriety of a jury dccid-
ing upon such weighty matters, that
sit didn't make q damned bit Of dit.
ference, only so they got a verdict
for the defendants. If this is not
pettifogging, what is? These at
torneys either kne'r that the validity
or constitutionality Of the law was
not proper subject to argue before
a jury for their determination, or
they are not worthy even the name
of pettifoggers. 1t made no differ
ence upon what grounds they argued
it, for if any informalities have ex-
listed, either on the part of the leg
is lature, or in the adoption of the
law by the people of Buchanan
county, they are properly matters
for determination onl y in the higher
courts of the State.
The attorney for the State, in a
calm and dignitied manner, attempt
ed to place the matter in a proper
light before the jury, but for nearly
four dragging hours the attorneys
for the defense had been worrying
and wearying them in a heated,
crowded room, whose very atmos-
phere was enough to middle the
brains of any mortal man. How
could they weigh arguments and
arrive at proper conclusions?
In view Of the fact that the legal
ity and regularity Of the several
steps taken in the adoption Of the
law by the people of the County,
were called in question on the trial,
let us examine the matter and see
what it all amounts to. OF course
the attorneys for the defense could
not overcome their natural propen-
sity to slang, and must berate the
Board of Supervisors as a body of
ignoramuses, and charge collision
to defraud the people of their just
rights upon public officers and the
publishers Of our newspapers. And
all for what? Why, for the simple
and only reason that in the publica-
ton of the notice to electors, the
words buchanan Co. Conservative"
happened to be printed "Inde-
pendence Conservative"-both nee
essarily referring to the same news
paper! This was the mole-hill that
was magnitied to mountain and
declared to invalidate the whole
proceedings! Let us examine the
law and see if every step required
by it was not strictly complied with.
Sec. 3, of the beer law (Chap. 50,
Acts Of Thirteenth General Assem-
bly, tells exactly what must be
done, and reads as follows:
At their regular session in June of each year, the
Board of Supervisors in each organized county in
this State shall determine whether the adoption Of
the provisions of this act shall be submitted to the
legal voters of the county ut the ensuing general
election and If the supervisors SO declare, by res
nlu inn to ha fbQ r1s n
Board also to be published for four consecutive
weeks next preceding said election In one or more
newspapers in aidcOrnty, if one there be, and if
not, then by posting the same in three public places
in each township of said county; there may be
ton, either of the sentences following, to-wit:
For Prohibition" Against Prohibition" and
II majority of all the votes cast at such election
In said county be 'for prohibition" then, and not
otherwise, shall the provisions of this act he in full
force in said county from and after the first Mon
dey in January next following such election, and
the Board of Supervisors shall SO declare by rcso-
luton to be spread upon their records And II
majority Of the votes cast shall be against prohi
bitiOn, then and in that chapter IA OF the Re
such county, and this amendatory act shall be null
and void In such county.
l. At their regular session in
June, our Board Of Supervisors
were to determine whether the adop-
ton of the provisions Of the beer
law should be submitted, and if the
decision were for submission, it was
to be expressed in a particular man.
ner; that is, by resolution. That
uU Tho RAo.I vx,nro IN do of