The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1883-05-03
THE IOWA AMENDMENT.

-Reusons for Declaring the Action OF
the Legislature and People Null and
Void.
The Judges Of the Iowa Supreme Court
have again decided adversely to the Pro-
hibition constitutional amendment, adopted
by the people last fall There are two opin-
ions, Judge Beck dissenting, as in the for
mer rendering. Following is the summary
of the majority decision:
The question Of the courts jurisdiction Is
elaborately considered. and the case Of Luther
vs. Borden, upon which the appellants mainly
relied upon the rehearng Is considered at length.
IT II shown that that case involved the question
as to the right OF court holding its powers
under constitution to pass upnn the validity OF
the const uton under which IL Is itself organ
lied, and that it has n6application whatever to
an amendment not affecting the judicial author
lily of the court. that the right Of
p. ople to alter reform their Govern
ment at pleasure consists simply IN
the right to change the existing Constitution In
the manner provided IN II, or by revolution,
which Is right not unlcr but above the Con-
s.itutien; that the right of revolution can be
made elective only by superior force, and that
failure subjects those undertaking TO inaugnrate
the change to the penalties OF treason: that un-
less voluntary acanicscence IL yielded to a pro-
posed change In tie Constitution, the question
can be determined only by an appeal to the
courts, or an appeal to arms, and that the MAIN
tcnance Of social security and of republican
institutions required that the courts should de-
terminc the gu stion.
The opinion maintains that this jurisdiction
has been exercised in the seven Stat . " Ala
bama, Missouri, Kansas, Indiana. Michigan,
North Carolina and wisconsin, and has been
denied in none. In the course OF the opinion
upon this branch of the case the court says:
1t is well that the powers Of the people
and their r.lations 70 orlanized soenie,y n,
taught in this country so fraught with evil
as the doctrine that the people have consti-
tutional right TO disregard the Constitute q,
and that they can set themselves above
the instrumentalities appointed by the Constl-
tuition for the administration Of law. II tends
directly to the announcement Of revolution ana
anarchy. 1t is incumbent upon all who influence
and mold public opinion to repndiate an dis
countenance SO dangerous doctrine before II
bears fruits. destructive Of republican institu-
| tons 1t will he well Ii the people come to un-
/ dcrstand the difference between national and
constitutional ire dom before license becomes
destructive OF liberty.
As to the concusiveness Of the recital OF the
/ Nineteenth General Assembly that the Fight.
! ecnth General Assent ly had duly agreed to and
/ entered upon It's Journals the same resolution
\ that the Nincte. nth Con ts.l Assembly was
/ about to submit fo the reaple, the court holds
that there il nothing in the constitution or the
! statute or the nature OF the subject making the
/ recital conclusive: that the District Court is o
court Of general jurisdiction; that everything Is
presumed to be within its jurisdiction until the
/ contrary Is shown, and that the burden
II il upon tHOss WHO dtHN liadt thC JmAs-
diction Of the court extends 70 inquiry into
/ this recital to establish that fact, and
that they have failed to 90 so: that the
jurisdiction OF the Nineteenth General Assembly
/ to submit the proposition to the poop depended
upon tha fact that the Eghte nth General AZ.
1 sembly had agreed to the same proposition, and
\ that the Ninetae .th General Assembly could not
stopthe courts from inquring into this jnrisdic-
tona fact by mere recital that the facts exists,
| especially as the journal of the Eighteenth Gen.
| eral Assembly, which is he constitutional record
nf itS l,rnra ines M :
/ exist. The court maiatiln that even the
action of curt i void and liable 70
be eollateraliy reached u It's records snow
/ that the fact upon which its jurisdiction de-
| penis does not exist. After a full review OF the
! authorities cited upon this branch OF the case,
the court closes this point Of the opinion as fol.
! lows: The constitution makes three steps
1 necessary for the adoption OF ali amendment
| viz: the proposal Ut an amendment in one Gen.
eral Assembly and it entry mon the Journals;
the agreement thereto by the next General
| Assembly and its submission TO the people; and
til. approval and ratincasiun thereof by the peo,
lie These STEPS are ei stinct. independent AM
| essential No one Of them can be dispensed
| with. 1t Is necessary that The proposition shal
be concurred In by two successive General As
sembl'cs. II, however, one General Assembly
can cut OIL all inquiry into the action OF its pre-
decessor by mere recital OF what II has done
II follows that an amendment may be incor
| porated into the constitution which has never
received tie sanction II more than one Genera
Assembly. Such a construction might lead to
clear violationof the constitution. We canno
give it our sanction.
Tron the question AZ to whether the resoln
taa as enrol ca il he tnr evidence Of the le2is1a-
tive action than the reso ution as entered npor
the Journal OF the senate o. the Eighteenft
General Assembly, the court holds that th'
constitution requires cath house Of the ten
eral Assembly TO keep journal OF its proceed
inss, and the statute provides that the proceed
ings are proved by the journal; that there u
neither constitutional nor statutory provision
nor rule Of the General Assembly requiring thu
enrolment Of resolution proposing ~
holds that the journal upon which th'
constitution requires an entry Of the amend
ment TO De made constitutes the better evidenc
OF the terms of an amendment proposed. UIol
this branch OF the case the court says: NO au
thority Las at any time been citei during tn
progress OF this ease which holds that, as to
| Taper rcluir Il to b. entered upon the journal
the enrolment Tan oys rrnle the journal entry q
to a hill. w conceie the correctness OF q
authorities cited. Under the custom II legisla
tion the enrolled bill IL pres ssnted TO the Steak
.r of the House anu TIE Pres dent Of the Sanat
for their signatures, and is approved by tn
Governor. II Is In all respects treated as tn
original act. No entry of II Is required :
be made upon the journal. and hence the jour
nal could not contain any evidence Of its con
tents. But, with regard TO 4 proposition for q
amendment of the constitution whether it be i
the form of a resolution or Of a bill, the pro
visions of the constitution are different. Tha
is required to be entered upon the journal. ali
II this requirement. !, observed the journal doe
contain evidence OF its contents. Ii Is etidcn
that the authoriti which apply 10 the case G
an ordinary bill have no application whatever t
the resolution in question.
, The court discusses and answers the yariou
position of counsel on the argument upon r.
hearing, and concludes the opinion as follows
I we have approached and discussed this gray
, question with full appreciation OF the respon
sibilities which 1t involves, and we have given I
its consideration the earnest attention which II
importance demands. We have sought TO main
tain the supremacy OF the constitution at what
ever hazard II Is for the protection OF minor
ties that constitutions are framed. Sometime
constitutions must be intcrnosed Tor the psotet
tioa Of maiorities. even against theinselse
Consultations are adopted in times
, public rcpose. when sober reason holds h.
citadel, and are designed to check the surgin
rassi ms in times af popular excitement. Isl
ii courts rotAa he co.rcea by popular majoriti.
into disregard " their Provisions. ,oastitr
) tiens would become mere ropes u sand, an
there would be an end II social security and
eonStitut oilal freedom. The cause of temper
anee can sustain no injury from the loss Of th
/ amendment which would BE- at all comparab
, 10 the injury to republican institutions which
! plain and al,able violation Of the constitutio
l would iatics. That large aud respectable ca'
Of moral reIorniers which 50 Justly demands II
oh. e. .ance and enforcement of law cam,
AFFORD To take its first reforma ory step by
violation OF the constitution. How can II cor
. | sietelty demand VI Others uhealencs 10 col
! si.tn;iun which 1t violates Itself The Poop
l can in u short time re-enact the amendment.
the matt 7 of a grsat moral reform, the hss OF
ssN years is nothing. The constitution is Il
palladium Of repnelican freedom. The yon
!aea coming forward III on the stage OF politics
!. action must H. fdncat u - senera
1T: those alrea'y ulon the stage mu
Y be taught to obey L.. whatever Interest
may be advanced or may sniisr Whoey
: III whatever ma. bc voted up or voted down. I
: sa.r4leGious hani must he laid upon the canst
a latIen Abidingly ard firmly convinced of Il
eurrrcta ness ol our tormcr conclusion, recogni
! lng 10 superior higher thsn the constitution
I aeEn iatl1 1iag 10 tealty greater than Loyalty
: il ni iaripl2S AMI fearing 10 consequences e,
y ceit those Which sould result from derele
{ iiaa in duty Ne atlhere 10 and reaiIiim the do
!, tflnes already ann sunced The petition for r
: liag.ng s ossfrpl a.
slEnIsrENfIsa OPINION.
, Justice Heth's Ill, saating opinion takes u
a hgaad ., ouna that the adoption of an amen,
= mat hy the people ot Iowa Is purely polite
question; thai tn courts at the State have
i jurisdiction over the matter whatever, and til
4 the vote II the people having declared Il
/ AN 5nfimeHt 4 laft "a the safe constitution.
= errors that fnay have occurred In passing
i publishing the am 'nGmant should have III
\ wi sht whatever III determining its legalit
Tie Judge quotes lr0nl many authorities tn
q sustain ,lie position taken By him.
/ PENCIL AND SCISSORS.
e Baron RouoE, La has a band of organic.
thieves composed VI boys.
4