The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-20
THE IOWA AMENDMENT.
Text of the Decision of the Supreme
Court Declaring 1t Invalid.
Constitutional Amendments Must BE En-
tered at Length in the Journals
Fatal Variance in the Text.


only felt. called upon to render an opinion
upon a single question-whether the discrep-
ancy in the journals of the House and Senate
of the Eighteenth General Assembly would
materially affect the legality of the measure
though it was agreed to by the Nineteenth
General Assembly in due form. In tracing
the course of the proposed amendment
through the journals of the Eighteenth Cen
eral Assembly the court finds; THAT the
proposition originated in the House, was
agreed to and sent to the Senate, where SUBJ
stitute was adopted, agreed to, and returned
to the House. That substitute, by the Senate
journals, is shown to read as follows: No
person shall manufacture for sale, SELL or
keep for sale, as a beverage, or to be used
for such purpose, any intoxicating liquors
whatever, including ale, wine and beer
When it appeared in the House
the words, or to be used were
omitted, and with that omission,
was agreed to and referred to the next gem
eral assembly, by which body it was passed.
The question before US is as to the validity of
a constitutional amendment, and we think
there is a material distinction between the
rules which must obtain in such case, and
when statute is assaled as not having been
constitutionally enacted. The constitution
provides for its own amendment and the
manner in which this may be done is pre-
scribed with particularly, and yet the pro-
visions are simple and readily understood.
An amendment may be proposed in either
house of the General Assembly, and If the
same shall be agreed to by majority of the
members elected to each of the two houses,
the proposed amendment shall be entered on
the journals. with the yeas and nays taken
thereon. Much has been said by counsel as
to whether the provision as to entering the
proposed amendment on the journals is man
datory or directory. We do not regard it as
essential to determine this ques-
ton. We deem it sufficient to
say that if there is any provision of the
constitution which should be regarded as
mandatory it is where the constitution pro-
vides for its own amendment otherwise than
by means of convention called for that
purpose. The powers of convention are,
of course, unlimited. The members thereof
are the representatives OF the people called
together for that purpose The object of the
provision cannot be doubted or misunder-
stood. 1t is to preserve in the manner Judi
Gated the identical amendment proposed and
in an authentic form, which. under the con-
stitution, is to come before the succeeding
General Assembly. No better mode could
have been adopted, when it is considered that
to be effective the proposed amendment must
be agreed to by the succeeding General As
sembly. This thought is much strengthened
by the consideration that the proposed
amendment is only required to be entered
on the journals of the first General Assem-
bly, which acts thereon. This distinction, to
our minds is significant. and enhances the
importance OF the constitutional Injunction
that the proposed amendment shall be en-
tered on the journals of both houses of the
General Assembly which first agrees thereto.
1t is immaterial, however, whether the
constitution provides the best method for the
preservation and authenticity OF the pro-
posed amendment or not, for the constitu-
tional mode must prevail even lift be conceded
some other would have been better. 1t seems
to us that a simply entering on the journal
of the title or object of proposed amend
ment does not accomplish the intent OF the
constitution, and the thought that this must
be SO is much strengthened when regard is
had to all the provisions of the constitution.
That instrument provides that upon the final
passage of a bill the yeas and nays must
be taken and the same entered upon the
journal. This neccssitates the entering upon
bill to be voted upon. This being so, if no
more than this was intended in relation to q
constitutional amendment, the provision
of entering it on the journal is unnecessary
and meaningless. There is no provision re-
quring bill to be entered on the journal,
but the constitution does require that a Dro.
posed amendment thereto shall be entered
on the journals with the yeas and nays.
This must mean that the amendment shall be
spread at length thereon and the yeas and
nays set out in full or at length. No distinc-
ton between the two can possibly be drawn.
Amendments were proposed to the consttu-
ton in the eleventh General Assembly. some
OF which were agreed to. but all were spread
at length on the journal The amendments
afterward ratified by the electors striking out
the word white where it occurred in the
constitution were among the amendments
proposed at that SESSION. tThese amendments
were spread at length upon the journals OF
both houses. Here we have a legislative con
structiou of the constitution which should
not and can not be ignored. 1t will be OBJ
served that the constitution does not provide
in what manner the amendments shall be
proposed. Whether it shall be done by bill
or joint resolution seems to have been left to
the discretion of the General Assembly to tie
termine. But in whatever way proposed,
when agreed to it is provided that it shall be
entered on the journal. The Senate substi
tute for the House resolution when intro
duced was entered at length upon the journal
of the Senate. There was added to it the
words. Including ale wine and beer These
words are set out ut ien-th in the journal.
The substitute when introduced contained
the words 'or to be used for such purpose
The words for such purpose were stricken
out as shown by the journal. Thereupon the
Substitute was agreed to. and the Joint reso-
luton thus amended was agreed to by the
Senate. The words or to be used were in
the substitute when it was introduced They
were not. so far as the Journal shows strick-
en- out by any action taken by the Senate. 1t
necessarily follows that so far as can be de-
termined from any competent evidence, the
words or to be used were in and formed a
part of the substitute when IL D,sse1 and