Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1883-04-23

the existing constitution, but 1t IL
competent for the courts to inquire
whether In the adoption of the amend.
ment the provisions OF the existing
constitutions have been observed.
The voice of the people can only be of
legal force when expressed In the man.
ner pointed out by themselves In their
constitution. Here the court cites
numerous authorities In support of
this doctrine.
The second question raised was that
the Judgment of the Nineteenth
general assembly on the proceedings
Of the Eighteenth general assembly
Is conclusive and cannot be renewed.
On this point the court discusses all
the authorities cited by counsel, and
say In their opinion the question in
volved in the case at bar does not fall
within the principle laid down by such
authorities. Having disposed of this
question the court shows wherein the
provisions of the constitution relating
to It's amendment we're not complied
with. It was claimed In the argu-
ment that certain papers pro-
duced carried the defects shown
by the records of the Legislature The
records are the ultimate and conc!u.
sive proofs OF the proceedings of
the Legislature. 1t would be a star Ting
doctrine indeed If It should be held
that the journals of the general assem-
bly, could be oontradicted by o paper
produced upon the street three years
after the action was had by . person
who will not permit his name to be
declared, and whom the court ID not
permitted to know. We might we'll
tremble at the permAnenoy Of our
constitution If such proceeding could
be sanctioned. It IL q matter Of the
greatest regret that paper should
have been brought In this case 70
clearly not entitled to legal consider.
alton, and which could have no ether
effect than to further infsme and OK.
oite an already excited and infsmed
public mind. If all obstacles In the
way of sustaining the amendment al
ready considered could be ov ercome
there are still others In the way likely
to be un answersble.
IN CONCLUDING THE OPINION
the court said: Placing the most lib
eral construction upon the provision
Of the constitution under conAiders-
ton of which 1t is susceptible, w
think 1t requires at least that entrie
upon the journal shall show the term
of the amendment submitted. Thil
Is not shown upon the journal
either of the senate or house of tn,
eighteenth general assembly. w,
have approached and discussed thi
grave question With full appreciation
of the responsibilities which 1t In
wolves, and we have given to Its con
slderation the earnest attention whicl
its importance demands. We hav
sought to maintain the supremsc,
Of the constitution at whatever
hazards. 1t Is for the protection o
minorities that constitutions ar
framed. Sometimes constitution
must be interposed for the protection
of msjorities, even against themselves
Constitutions are adopted In times O
public reposs, when sober reaso
holds her citidel, and are designed t
check the surging passions In times c
popular excitement, but II court
could be coeroed by popular ajoritie
into disregard of their provisions
constitutions would become mer
ropes Of sand, and there would be a.
end of social security and constitu
D tionsl freedom.
. THE CAUSE OF TEMPERANCE
can sustain no injury from the loss I
> this amendment which would be at q
!, comparable to the injury to republics
! institutions which q violation of th
u constitution would inflct.
: That large and respectable GLASS
: moral reforms which 30 justly demar
o observance and enforcement OF Il
law cannot afford. TO take its first r
formatory steps by revision Of 81
II constitution. How oan II consistent
% demand of others obedience TO 9 90
n stitution which II violates Itself. T.