The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1874-01-22

osH'il AHN' al o"o'> -
ac,m.n,s upon the same subj CT viz
Acts Thirteenth General Assembly,
Chapter .6. and Acts Fourteenth
General Assembly, Chapter IS; bat
i, is unnecessary 10 consider them, as
they are no, relied upon III this ease.
/, will be observed tina, the enact
mvnt which we were called uron TO
consider ana apply tchap,er Ia,
Acts Of Thirteenth General Ascend
~ is law in its language a"l form
| in no sense diff. rent trom the usual
xpression of legislative statutes. IL
is an xp!iult AMI positive provision
that stock may be .aken in Tic &C, OF
doing damage may DO dis,ralned,
whs Their the fences surrounding the
premises upon which they are toani
are lawful or otherwise. Bat the
last section Of the act provides that
il shall not be in force in any county
unless adopted by vote OF the pco
pie OF such county. Here is the sim
pie case Of an enactment Wlich IS
male to depend upon popular vote
" neither IL shall or shall not have the
torce of law. A similar provision OF
the statute was passed upon 10y this
court. The u tor the suppression
OF in,emperance (Acts OF Fifth Gen
eral Assembly, Chapter -, contains
provision Identical in its character.
In. last section OF this act provides
tia, i; shall not take eject unless il
be aiop,,i hy an affirmative vote OF
the people OF the whole State. This
cout, held in San,c, ~. Tie State.
, Iowa, l65. that the Conceal As
>emb!y Cannot submit, to the people
a proposition TO lie voted upon by
Them, whether il stall become q law
or not; Tint legislative power Is
vested IL The Gpnsral Assembly, ami
tot IN the people, and that law can
not depend upon a popular vote Tor
its validity. The section providing
,o- Tie Submission al the .aw to the
people, was held to be unconstliu
tional, AMI other parts OF the act
were sustained aud held 10 bc valid
! without regard 10 the vote taken III
pursuance OF the last section. and II
vas determini that the law vas COM
| pietc without that section. and was
in iorce wilhou. compliarce with It's
provisions. The sole difference be.
tween that act and the one under
consideration, is IN tie extent OF the
popular vote 10y which the statutes
were to become operative. In the
frat instance, the whole State
adopted or rejected the law In the
last, it may be adopted or rejected
il the several counties hy vote OF
the electors thereof The principles
inyoly,l in ach case are the same
the law depends in each instances up
on popnl II vote for validity. Fol
| lowin, Santo rs. Tae State, when
has been 100 long ae.aics:ea IN, and
too often approved by this court 10
be now questioned, we now hold
Tin. the Ac, OF 1868 Chapter I'D is
4 force without regard TO the vote
which is provides shall be taken TO
determine the question O: It's a!op,
lion by the people. 1t is tic ex.
preston OF the legislative will ofihe
State, and does not depend 20 give
i, force upon the people. 1t IS II
!orce in all tie counties OF the State
as any other law enacted hy the
General Assembly
Daily ts Wolf & Pal merit Iowa
lbs, is not il conflict with these
views. That case involved the con
slitutlonail, OF section IA of the
Code OF 1851, and chapter 1913, laws
| Of 1857. The frs. enactment au-
hofiz "a the people ct each county to
~ II al
,unty the question whether stock
should be permitted to run at !arge,
or at what time it should be permitted.
The sec nd applied 10 the p DIVISIONS
of the first 10 swine aud sheep az d
contained provisions Tor the enforce
mtnt OF the regulation. Distinction
between these statutes AMI one IN
viewed 10 this ease are obvious IN"
former laws permitted The people to
adopt CERTAIN police regulations III
regard to stock, ana provides tor the
manner # their adoption and enforce
ineui. ne sthlus4 GeioTe CS 10 d !'osi-
i've enactment by the legislature
m.lc to depend for its validity upon
the approval OF the people by vote.
In the one case, the people OF the
counties ara perm ttel to make Ger
tam police regulations to have
the force OF law; in The other, a
law is enacted by the Legislature,
which css have no force il any coun-