The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1883-01-25
PLAIN DEALER.
EVERYTHING IN THE LINE OF
JOB WORK,
Bill Heads, Cards, Posters, Circulars.
Ero, ETo, ITO.
oAy5S1Acssax n xlAgxIsS. f1ox7gNls1 kas
pa3o1 GUARANTEED.
~ Owe Us A TRIAL BEFORE ORDERING
EI.HEMHE "a
ETc., ETo., nro.

Now. we .are asked to ignore the constitu-
tain for ourselves by inquiry Of those who
are supposed to know a. 10 tho existence Of
d fAct which is contradictory to tho journals
kept, certified TO aud preserved by sworn Of
hccrs ~ provided by law To our mind this
h . startling proposition. II ignores fnnda-
mental rules which have always existed.
Parole evidence never can be introduced or
considered when there h written evidence
of any fnct which can be produced IL tho
Journals had been lost or destroyed II 10
possible that we could and should resort TO
Tho next best evidence AttainAblc. II there
sort, we presume, would frst DO had to that
II there was mono such, u may be parole ev-
idcnce should he regarded - competent
hut II is useless u speculate. The conrtttu-
tional evidence II before uH, and by that wa
are bound IL was snggcstoi In argument
erai i AN Assembly I are re % written % and Kept M BY
clerks and that this duty II cnreleksly per-
formed, and, therefore, cannot bc relied on
~ accurate.
-The rules adopted by each house require
that the Journals Of the proceedings OF the
members thereof on the morning Of tho
succeeding day. II II said such reading Ii
frequently dispensed with. This Ii believed
to be- true, but this can bc done only with
tho consent of tho House Tho journal Of
the Senate Of tho. Eighteenth General
on the morning Of the day after the pro-
posed amendment was adopted by the
Senate Now, TX the words or 10 he used
were stricken out by common consent, or
otherwise. Is II not exceedingly strange no
member called attention to the fact that
the journal failed to 40 show Can, or
should It be presumed, tho members OF tho
Senate failed 70 perform their dntyy II the
words aforesaid wcr0 stricken out by COM
mon consent or ny an action of the Senate.
Il IL clear tho journal should show IL. under
the circumstances and In accord with the
presumption hc indnlgcd that every otficer
or other person does that which by law
he is cnloincd to doy Il is true the
Journals are written nnd kept by clerks,
but they are sworn officials who perform
their duties under direction Of tho respective
houses of which they are officers The rec
orsis and proceedings OF all courts are kept
by clerks under the direction OF the court,
and they imnart absolute verify In the ab-
sence ot fraud. Why. therefore, should not
the import of the Journals be the samcs Es-
recially should this be 70 held when the con-
stitntion has NJ clearly defined that amend
mcntS to the constitution must he entered
On the journals of not one house only. hub
both The Joint resolution. aS we have seen.
was first agreed to by the House and sent 10
the Senate, and there substitute was adopt
cd which was returned to the House and
Agrced tn by IT, It WAS not enrolled by tile
officers or clerks of the senate under the su-
rervision OF that body, but by the Enrolling
Clerk Of the House under the supervision Of
a ccmmittcce ef that body. Ii was no doubt
corrcctiy enrolled as Il passed the House
fern depends ON the question whether tho
Secretary cf the Senate reported To tho
House the same resolution which had passed
the Senatc, Here there is great liability to
mistake, Beside this the cnrolling Is the act
Of clerk, under the supervision
believe. two members OF the House or SEN
ate This clerk and committee might mako
4 mistake In enrolling the resolution They
are IA liable u do 50 n the Secretary OF tha
Senatc IN keeping the journal under the di-
rection and supervision cf the whole body oe
Senator's The argument, then that the en-
ruled resolution is better evidence Of what
the Senate did than the journal, because moro
likely IL ac accurate, falls to the ground
Each tscncral Assembly II independent and
supreme A. the law, w,making power within
the limits prescribed by the constitution
The last General Assembly that convened
may undo all that it, predecessors may hsvo
done. hut cannot, 10 IL speak. put words in
- tho mouth of any OF Its predecessors
The constitution provides that all political
power il inherent in the people tarticlc |.
II = limitation on such power, The power Of
the people can only be exercised through
the executive legislation and judicial depart
ments of the Government, nnleN
change In the constitution
through convention constitutes
an exception u the general rule The power
il inherent III the rs>onle, must lie expressed
and exercised in lawful manner We ara
aware III the rale which universally obtains
that statute should not he declared uncan-
ststntienal unless it clearly alpeafs - he So
II follows that this rule should be applied 70
amendments of the constitution Mindful
of this rule, and feeling its fall force, Il y
pcsSihls u hc regretted that we have felt
farcel 10 declare that the amendment IN
question. which was ratified by such large
hsiv of the electors, has not tsscn ccns.l,n-
tienalls adorteds hut We can not ignore an
other rule which also universally obtains,
which il that IN il mot only tho province,
hut the duty, of the Judiciary to fesric~slv
declare statute or amendment to the CON
ssitution u hc unconstitutional when such In
clearly the ease We would he acrelict to
duty il W. did not do SO Asthe constitution
Is limitation on the power ol the
ncaple. this proposed amendment is Of tn &
character As we have held st Is not a Part
ef the constitution, II is perhaps 4 subject
of conyratulatsoM that the General Assem-
h,v can hy the enactment If 4 law ctcctaatc
the chSrct intended ~ hc accomplished
thereby, The result is the Judgment Of the
District Court must hc affirmed
The .liSSen cf Judge BECK Is longer than
the opinion He takes the opposite Hrouns
e. the sieM above, and says in addition that
lnasmuch aS the People had elected mem
hers q! the Nineteenth Assembly on the
issue II the amendments they themselves
had cured the irregularities IT the Eigh-
teenth Assembly. Judge hcck also declares
the much .meoted short publication of the
uskalensa paper Ia have hecn substantial
cemnl,an,c with the law The case was
/ heard hy an audience thai nllcd the Senate
chamber nearly full