The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-04-24
NO. 261
A Decision.

LES AOlH6s, IA decision IN the
amendment case was filed this after
noon; both majority and minority
opinions are very VoluminouS. The
majority OF opinion is in harmony
with that rendered at the first
hearing declaring the amendment
null and void. The opinion of the
court was delivered by Chief Justice
Day. The only new question raised
In the argument or rehearing is
that of the jurisdiction. The
court is positive that the
courts are instituted for the
purpose of adjudicating the acts
OF the legislature. Its asserted in
the petition for rehearing that the
Judicial department of the state has
no Jurisdiction over political cues
lions, and that the court has re,
viewed the action of the general as
sembly and of the people IN the
matter of the adoption Of an amend.
ment to The constitution OF the state
The provisions of the constitution
for its own amendment are simply
directory, and may be dIsregarded
with impunity, for it is idle to say
these requirements of the constitu.
ton must be observed if the depart
ment charged with their observance
are the sole judges as to whether
or not they have been
complied with. This proposition
was advanced for the first time upon
the petition for rehearing. If cor
rect, it is of course an end to the
controversy. The case Of Luther
US. Barden, cited in argument, gives
no cOuntenanoe whatever to the
doctrine that the sovereignty of the
people extends rightfully to new
ones, without regard TO the forn2S
OF the existing provisions. We fear,
says the court, that the advocates Of
this doctrine have looked at but one
phase of the question and have not
fully considered the terrible eonSe-
iquenceS which would almost
certainly follow precedent
established by a recognition,
of the doctrine for which
i they contend courts can never over
turn our institutions or subYert our
liberties. They command neither
the purse nsr the sword of the state;
but the people who are educated to
disrespect the decision and disre-
gard the adjudication of a court, are.
prepared for anarchy. We may
perhaps be excused if, in the inter
est OF social order and public Sc
curity, and the permanency Of
? republican institutions, We enter q
most earnest protest against the
J hereSy which has been advanced in
this case. The court saws the authOity
without conflict is that only must
the constitution be amended in the
! manner prescribing in the existing
constitution; but it is competent
! for courts TO enquire whether in
the adoption of an amendment the
provisions of the existing cOnstitU-
, ton have been observed. The Sec
J ond question raised was that the
judgement of the 18th general as
sembly on the proceedings of the
18th general assembly is conclusive,
and cannot be reversed. The court
holds the question involved in the
case at bar does not fall within the
principle laid down by such author
titles. The court shows wherein the
provisions of the constitution re-
lating to this amendment are not
complied with. 1t was claimed
III the argument that certain
papers produced cured the defects
shown by the records of
the legislature and the records are
the ultimate and conclusive proof Of
the proceedings of the legislature.
1t would be a startling doctrine, in.
deed if it should be held, that che
Journals of the general assem- bly,
could be contradicted by a paper
produced on the street three years
latter the action was had, by {. pOr-
son who will not permit his nametC
be disclosed, and whom the court is
not permitted to know. The court
says, in conclusion that If all the
obstacles in the way of sustaining
the amendment already considered,
could be overcome, there are still
Others Hkly to be unansWerable we
have given this most important
question careful attention. The SUI
premacy of the constitution must
be maintained. 1t is the safeguard,
the protection both of the majOEities
and minOrities. and its provisions
cannot be disregarded as has been
sought by some of the contestants
: in this case. & violation of the coz
! stitutiOn would be blow to the
cause of temperance, law and order
to which the loss of this amend
ment cannot be compared. The Pc
titiOn for reheariDg is oVerruled.
Justice Lever, although unable to
be present, has consulted with the
{ United States upon ali points in
volved. and fully accords with US
! upon all positions of foreign opinion.
. Justice Beck delivered strong dis
D senting opinion, adhering to the pc
J, sition that he had previously
assumed. 1t IS more lengthy than
g that of the majority.