Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1882-12-20
THE IOWA AMENDMENT
NOTAN DANGER,
AnG Judge Hayes Decision
Criticised by Mrs. EsOter
OF n. w. 4. Il. l..
(BY REQUEST OF MISS WHITE.

asking if it is true that the Iowa Prohb.
has been declared null aud
void, Mrs. Foster, the lady lawyer OF
Iowa, who more than any other de-
serves the credit of the passage of that
amendment, returns the following
answer:
My DEAR SISTER 1t is with deep
regret that | have read in the daily
press statements, with editorial COM
ments, as to recent decision by Judge
HAYES, of the District Court in Iowa,
concerning the adoption of the Prohib-
itory Amendment in that Stare.
Lest YOU should be confused in mind
or troubled in heart by such statements,
in view of like amendment pending
in your State l take this opportunity
to give you an account of the real stu
alton of affairs.
While | am fully aware that every
Legislative enactment, either constltu-
tioual or statutory, must stand the test
of popular discussion, in which both
innocent misrepresentation and malicious
miscoustruction are factors, and that at
last judicial approval must add its
verdict, still | am amazed beyond de-
gree, that any man wearing judicial
ermine should so become the victim of
misapprehension or Of fmisconstructlon,
as to have the decision given by Judge
Hayes.
The facts are these The amend
ment originated in the House OF Rep
resentatives of the Eighteenth General
Assembly, and not in the Senate, as
indicated by Judge Hayes. 1t passed
the House with little opposition, but
hung fire in the Senate for many days.
1t was amended and amended, and
finally passed the Senate in the follow
ing form: mo person shall manu-
facture for sale, or sell, or keep for sale,
as a beverage, any intoxicating liquors
whatever, including ale, wine and beer"
Upon its being sent back to the
House, thus amended, it was quickly
passed In due course of time, as pro-
vided by law, it (the amendment above
given) was published three months
prior to the general election, at which
time members of the Nineteenth Cen
eral Assembly were chosen. At this
Nineteenth General Assembly, after
much discussion and strong opposition
from the supporters and sympathizers
of the liquor traffic, the said amendment
was adopted by both Houses, and the
special election fixed, at which the peo-
pie were to vote upon the same. The
Governor, as constitutionally provided,
issued his proclamation for such cleo
ton and in accordance with the same,
the people voted on the 9th of June
last, by ballots, upon which were print
ed the words of the amendment, as
above given. One month from that
date the vote was olflcial Y announced.
OF every step as given above my
conviction is 50 absolute as not to ad-
nit of a doubt; and the evidence of the
same is SO public, so competent, 80
cumulative, so comprehensive, and SO
conclusive, that an assumption to the
contrary would appear supremely ridic-
uIous did it not come from so digniiled
source, and did it not concern so vital
question.
1t appears there was a clerical error
in the Senate record of the Eighteenth
General Assembly, in that the words
ito be used" which did appear in the
bill at one stage of its passage, but
which were not in the bill which was
finally adopted by the Senate, are re-
corded in the Senate journal. The bill
was, however, sent TO the House in the
words in which it passed the Senate,
and without the words ITO be used. y
1t was quickly passed by the House,
and received executive notice by publ
cation as | have stated above.
When the amendment which had
thus passed the Eighteenth General
Assembly, and had been published
prior to the election of members of the
Nineteenth, was brought before the
Assembly for its action, there was pass
ed a Joint resolution reciting as fol-
lows:
"WHEREAs. The Eighteenth Gen
eral Assembly of the State of Iowa,
did, in due form, by majQrlty of the
members elected to each of the two
Houses, agreed to the proposed amend
ment To the Constitution OF the State,
to add os Section 26 to article ! of said
Constitution, the following Article
|, Section 26-No person shall manu-
facture for sale, or sell, or keep for sale,
as beverage, any intoxicating liquors
whatever, including ale, wine end
beer The General Assembly shall
by law prescribe regulations for the en-
fcrcemept of the prohibitions herein
contained, and shall thereby provide
suitable penalties for the violation of
the provisions thereof; and the propos-
ed amendment was entered on the
journal of said House, and was referred
to the Legislature to be chosen at the
next general election, and the same
having been published as provided by
I law, therefore, be it
"Resolued, By the General Assem-
bly, of the State of Iowa, that the fol-
lowing amendment of the Constitution
of the State of Iowa be, and the same
is hereby agreed to; add as Section
26 to Article / OF said Constitution,
the following section 2G" (here the
amendment is set forth.)
Now before the Legislature could
agree to the amendment, and submit it
to vote Of the people, it was neces-
sary for the Legislature to find that
the proposed amendment was
ready for submission to wit, that is,
the identical amendment agreed to,
and passed by the Eeighteenth Gener-
al Assembly { that is, the House and
Senate,) that it, the aforesaid amend
ment. was entered on the journals Of
both houses that it had been referred
to the Legislature next to be chosen,
and had been published according to
law.
Notice-The Legislature was tho
trikunol to find and posa unon hesa