The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-26

General Assembly of Maryland, should be stated
in the law itself. But it was claimed on the
other nand that II the authority that adopted
the law can be ascertained from other sources
then this provision relating to the style is not
essential, ana the court so held.
This case was followed in the City of Cape
Girardo VS.. Riley t52 Mo-, 424 land The City of
St Louis VS.. Foster t52 Mo-, 5l3); Now. if in
these eases a statement OF the authority under
which the law was enacted in tho law itself is
not of the essence of the thing because such
authority can be otherwise shown. why Is il not
equally true that the provision in our cOnstitu-
ton that the amendments shall be authenticated
by entry upon the Journals is not OF the essence
OF the thing because other equally good means
OF authorization eXistl
If the above he true, then the provision con
sdered as mere means OF publication, has been
sufficiently complied with. When the oonstltu-
non provides that each house shall make and
publish journal of its proceedings it does NOT
mean that copies of this journal shall be printed
and distributed throughout the State. 1t
means merely that the journal shall be, as the
enrolled bills are. public records, and that any
inhabitant of the State may have access thereto
and ascertain the conduct of each OF its repre-
sentatlves. Apply this rule with reference to
these amendments, and is the publication not
sufficient Each amendment has been entered
upon the Journal by its title-a means of anthem
tication has been provided by the enrolled joint
resolution with the same title. Any person IN
spectiug the journal can have equal access to
the JOINT resolution, These resolutions have
been pubnshed with the session lave, ana nave
actually been, at least, es public AZ the Journals
themselves The yeas and nays have been
entered upon the Journal, Tho vote has been
cast under the responsibility to constituents
prescribed by the constitution. The las. cleo
ton has cen held with exactly the
which the new members wore chosen as
1t these amendments had been actually
spread at large upon the Journals. Every sub
stantial condition has been complied with, both
as to publication and authorization, which Is
necessary for this Legislature to ascertain the
Will OF the last, or which was necessary for the
people to elect proper representatives to tins
Legislature. Everything omitted has been
matter of the merest form; simply the mode pre-
scribed has not been adopted, although another,
equally good, has been. In such say
that the provision is merely directory.
Let us suppose that these AMENDMENTS had
been spread at length upon the1ournal, and au-
leaves of the journal containing them had heen
torn out and thrown into che waste-basket,
would 1t be claimed that the leaves so distracted
could not be identified for the of the present
Legislature? Is the submission of the constitu-
t1onal amendments subject to he defeated by the
theft or abstraction OF the leaves OF the journal
on which it Is cOntained1 Could not secondary
evidence be received as TO what the journal
contained, II these leaves were destroyed
would not any evidence which would be
satisfactory to this Legislature that the
amendments were agreed to ana spread
upon the Journals he sufficient If so, then the
provision as TO entering upon the journals ia sim
ply IA convenient mode of authorization which
may be dispensed with in of necessity. And
Is there not equal necessity where tina clerk
has fa1led, through inadvsrtence, to spread the
amendments at large upon the journals, and the
error has not been discovered by the Legislature2
Can mere ministerial officer thus defeat the
will Of the whole peOple3
But these provisions are not merely directory,
out they directed to the las Legislature
only. The argument that II directory provision
is as Imperative upon us as mandatory one
would apply IL were the General Assem-
bly, whose duty il was To enter it upon onr
journals But it was the last General Assembly
TO whom this direction was given, and the ques-
ton for us to decide is, that error fatal II
the provision is directory merely, it certainly is
not