The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-08-21

TO be decided that the constitution OF the
State required the vote on the passage o.
a bill 10 be iakin by yeas and nays ana
entered on the journal, and requiring q
certain number Of votes 10 pass u bill.
In The case of Purdy rs. The People
Loan lill, p. 5isl, il was decided by the
Court of Errors Of New York that the
journal kept by the two houses Of the
Legislature may BIZ resOrted to in asccr-
tanning whether M act was passed by n
twothiris vote
II was decided by the supreme Court Of
Michigan in the case of The People rs,
Mahoney, (l3l Mich. Reports p. 4sl,l that
rs the Courts are bound judiCially to take
notice Of what the law is, it Is their right
rs well rs duty, to take notice not only OF
the printed statute books, but also OF the
journals of the two houses, to enable them
10 determine whether all the constitutions
al requisites TO the validity Of a statute
have been complied with. . D..
The same doctrine is held by the JUS
tees Of the Supreme Court Of New Hamp-
shire reported in 30 N. H. Rep. p. $40. T..
The case of Spangle rs, Jacoby, l4th
Illinois Rep, p. 201, is more nearly in
point than any Of the cases found. - The
Constitution Of Illinois provides that
" each house shall keep a journal Of It's
proceedings. On the final passage OF all
bills the vote shall be by ayes and noes
and shall be entered on the journal, and
no bill shall become law without the
concurrence of majority OF all the mem
hers elected in each house"
The Court says "a majority of all the
members elected to either branch OF the
General Assembly must concur in the
final passage Of a bill. This is indls.
pensible . 10 It's becoming law.
Without il the act has no more
force than the paper on which 1t is
written. The vote must be taken by ayes
and noes. The Constitution PF@cribes
this rs the test by which To Determine
whether the requisite number OF members
vote in the affirmative The vote must
also be entered on the Journal, The office
Of the journal is to record the proceedings
of the House, and authenticate and pre-.
serve the same. 1t must appear on the
journal that the bill passed BY a constitu-
ti0nal majority. These directions are
clearly imperative, They are expressly
enjoined by the fundamental law, and
cannot be dispensed with by the Legisln-
turr."
This case wNs reviewed and confirmed
in the case OF The People as. Starne, 1876
III. Rep, p ll2' 81
1t was held by the Supreme Court of
California, III the case Of Fowler a..
Pierce, . Cal. Rep, p lGj, that the court
may go behind the record evidence of a
statute and inquire whether II was passed
and approved in accordance with the
Constitution. The court says, ave are
called upon to decide whether the courts
Of the land, to whom belong the guar.
lianship and exposition of the laws md
Constitution, have power TO go behind
the act itself TO inquire whether the Legis.
nturC or the Executive rs II component
part Of the legislative power, have In
passing md approving such act violated
or lisrCgardcd the mode pointed out by
the organic law Of the land. " II
such matters cannot he inquired into the
wholesome restrictions which the Constl.
tuition imposes on legislative and execu.
tive action become u dead letter, and
courts would he compelled to administer
laws made in violation Of private and
public rights without power TO lntorpose."
The Supreme Court Of the United States
had this question In the case Of Gardner
~, the Collector, 18th Wallace, page 4OO)
anil the following language Is found In
the opinion OF the Court IN that case
GLOW can II be held that the Judges upon
whom is imposed the burden Of deciding
what the legislative body has done when
il is in dispute, are debarred from resort.
ing to the written record which that body
makes Of its proceedings in regard to any
particular statute. ~ We arc Of
opinion, therefore, on principle as well as
authority, that whenever question arises
in Court of law Of the existence Of a
statutC,Or of the time when q statute took
elect, or Of the precise terms OF statute
the Judges who arc called upon TO decide
II, have right to resort to any source 0
information which, in its nature, Is Capa
bic OF conveying 10 the judicial mind q
clear and satisfactory answer TO such
question; always seeking first for thai
which in lis nature Is most appropriate
unless the positive law has enacted II diff
lcrCnt rule"
Cooley, in his work on Constitution lin
itations, (page 1850 states what he under
stands to be the law in this country as FOL
lows: Each house keeps u journal of II!
proceedings which Is public record, and
of which the Courts arc at liberty to take
judicial notice. II II should appear from
these journals that any net did not receive
the requisite majority, or that In respect
to II the Legislature did not follow any
requirement Of the Constitution, or thai
In any other respect the net was not Con
stimtionally adopted, the Courts may nc
upon this evidence and adludge the
statute void. But whenever It IL acting
In the apparent performance oil legal func
tions, every reasonable presumption Is Il
be made in favor Of the action OF {
legislative body; IL will not he pre-
sumed in any case from the inert
silence Of the Journals that either hOust
has exceeded It's authority or dlsregardet
constitutional requirement In the pas
sage of legislative acts, unless where thu
Constitution has expressly required tn
Journals to show the action taken, Ms lO
instance where 1t requires the yeas ant
nays to be entered
| conclude from these authorities, toge
tlcr with others examined and not nance
here, that MS the Constitution requires eaCl
branch of the Legislature to keep n jour
nal, and provides that on the passage o
every bill the vote shall I've taken by yea
: and nays and be entered on the journal
and that no bill shall be passed by eithe
/ branch without an affirmative vote Of I
!, majority Of the members elected thereto
4 this Court should look beyond the au
thCntCation Of the net to the journal o
Q the Senate, 10 see IL the bill was passed
, H., tI,n rnn,,;rnI nun,I,pr nj vntna