The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-03-09

~ 4. WV "|"|@ W "|It|'i* "I'h ihn ouhnN-
klII} Of lhe present Sunday law. Other
= ~ Az e|so|fsIe'gei 70 and decided 10 the
,sies An uaener W tho Slaie Of Texas, Ap.
y = from Harris county, OpIalon by White,
.na W. haye presented for adjudication
", IN case The sole question Of the oonstltu-
>AAlIiy Of tho sunday law and specially
q |a<olyng the merits Of this case that
(no<lion OF u found 10 Article 1856 Of tho
(1onAl Code which declares that
|1'4ny merchant, grocer or dealer In wares
- merchandise, or trader In any law
ful business whatsoever who shall barter or
s f<ell on Sunday shall DO fined not less lhRn
y twenty nor more than fifty dollarl provided,
this article shall notapply 10 markets or deal
ers w provisions ~ 10 sales made by them
before nina o'clock q. N, A number of OBJ
jeotions are urged 10 the eonstituIlonnlily Of
this law which, IL good, arc not only fatal TO
II, but, as boldly, maniully insisted aud mr.
gu0d by counsel, apply with equal force 10
Tho entire Penal Code and Code Of Criminal
Procedure, NJ adopted by our last Legislature
(thesxtoenlh), the 2lst OF February, 1879,
These codes were passed and adopted M one
net, ind tho objections go To the mode and
manner of their adoption, II Is urged that
In their passage the Legislature ignored tho
a9d section of article 0 Of tho constitution,
wherein II Ia declared "that no bill shall have
tho force of n law until II has been read on
three several days In each House, and free
discussion allowed thereon but In cases Of
imperative public necessity (which necessity
shall be stated In u preamble or In the body
of tho bilD, four-aiths Of tho House In
viii the bill may BIO pending
may suspend this rule-the yeas and
nays being taken on the question Of
suspension and entered upon tho Journals"
In Il nut she'll tho argument Is, that this pro-
vision Ia mandatory, and that the journals Of
tho houses must aillrmatiyely show In case Of
suspension of the rules that lourflflhs of
the members voted therefor, and that the yoas
and nays were tallon, and In fact entered upon
the Journal, and In cnse they tail TO do SO any
enactment passed under the suspension Is pso
laolo unconstitutional aud void. In other
words, that tho journals Of the Legislature are
tho best evidence and standard by which the
constitutlonallly Of lis proceedings are " be
tested and measured, and that no act, howso-
ever formal in all other respects, can or
should be permitted 10 stand tho test, unless
the rocitas Of the journals in every parlicu-
lar show literal compliance with the con-
sttutonal provision. We do not propose to
follow tho argument Of the learned counsel,
or TO review the many cqses-nost OF which
have been read--cited by him in tho able and
exhaustive brief he has submitted for our
consideration. We shall content ourselves
by setting out tho act OF tho Legislature
which Is complained of, and cto in support
of the proposition that the courts are
not required to consult the journals
of the legislative houses in determining the
constitutlonality of u law such authorities ms
best commend themselves to our judgment,
both In soundne,s of opinion and conclusive
ness of argument. The act complained of is
as follows "An act to adopt and establish
penal code, and n code Of criminal proceed
ure for the State of Texas. Section |. BE it
enacted by the Legislature OF the State of
Texas, that the following articles shall
hereafter constitute the Penal Code of the
State of Texas. Whereas tho fact that the
session of the Legislature is restricted to
short period by the Constitution, and the
fact that there is large amount
of necessary legislation demanding attention.
constitutes an imperative public necessity
which iustfies the suspension Of the consttu-
tional rule requiring this bill TO be read on
three several days, therefore the said rule is
hereby suspended. Whereas the Penal Coda
and Code of Criminal Procedure of the State
of Texas has been printed and laid upon the
desks of members at the commencement of
this session, which has afforded them ample
time TO read the same; and whereas, it is
impossible to read the same through on
three several days, as contemplated
by the constitution, therefore resolved
an imperative public necessity ex-
lists that the constitutional rule re-
curing bills TO be read three several days
be suspended us 70 the reading, but the same
shall be considered on three several days"
Notwithstanding it is admitted this bill was
passed. was signed by the presiding officer of
each House in the presence ofthe House over
which he presided, was presented to the gov
ernor, and became law according to all
other constitutional rules, and has been pub
lished and promulgated rs part of the law OF
the State; and notwithstanding 1t comes to
us fully accredited as valid, subslsting law
upon our statute books we are asked to wade
through the dsiecta membra of the anteced-
ent proceedings with reference to it as they may
be found in the journals, and if upon inspec-
ton should find any omission Of literal
compliance with the above provision Of the
constitution to seize upon and hold it as the
hest evidence of its invalidity and conclusion
of its unconsttutionality. Mr.. Cooley says
land this great author has been earnestly
invoked by the learned COUNSEL; "For the
same reason it is required by the constitution
of several of the States that no bill shall have
the force of law until on three several days
it be resd in each House and free discussion
allowed thereon; unless, in case Of urgency,
f.,,, Gcthe on eop,n othnr Snppitipl majority