Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1883-05-05
Prohibition in Iowa.

The Supreme Court of Iowa has rem
dered a decision in the P%rohibitorv
Amendment case. reatfirming the deci-
sion as before rendered and declaring
the action of the Legislature and the
people null and void. The opinion was
corcurred in by all the Judges but one.
Judge Beck delivered a strong dissent
ing opinion adhering to the grounds he
had previously taken. The new ques-
ton raised 10y which this rehearing was
made possible was that 'the judicial
department of the state has no iuris-
dicuion over political questions and can
not review the action of the nineteenth
general assembly and of the people in
the matter Of the adoption or amend
ment of the constitution OF the state"
This position practically amounts to
this: that the provisions OF the con-
stitution for its w amendment are
simply directory and may be disregard
ed with impunity, for it is idle to say
that these requirements Of the consti-
tuition must be observed if the depart
ments 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,
and if correct it is OF course an end to
the controversy. After citing and dis
GUESSING all the cases brought to their
attention, the court thus concludes
their judgment: constitutions are
adopted intimes OF public repose, when
sober reason holds her citadel, and are
designed to check the surging passions
in times of popular excitement; but if
courts could be coerced by popular ma
j%orities into a disregard of their provi-
sions constitutions would become mere
"ropes of sand" and there would be an
end Of social security and constitutions
al freedom. The cause Of temperance
can sustain no injury from the loss of
this amendment which would be at all
comparable to the injury to republican
institutions which a violation Of the
constitution would inflict. That large
and respectable class Of retormers
which so Justly demands the observ-
anc and enforcement Of laws can not
afford to take its first reformatory step
bya violation Of the constitution. How
can it consistently demand of others
obedience to a constitution which it
violates itself +? The people can in a
short time reenact the amendment. In
the matter of a great moral reform the
loss of a few years is nothing. The
constitution is the palladium Of repub-
lican freedom. The young men COM
ing forward upon the stage of political
action must be educated to venerate it.
Those already upon the stage must be
taught to obey it. Whatever interest
may be advanced OR may suffer, Who
ever or whatever may be voted up or
voted down, nc sacriligious han d must
he laid upon the constitution. Abid-
ingly and firmly convinced Of the cor
rectness OF our former conclusion, re-
cognizing no superior higher than the
constitution, acknowledging no fealty
greater than loyalty to it's principles,
and fearing no consequences except
those which would result from a deri-
LECTION in duty, we adhere to and reaf-
firm the doctrines already announced.
The petition for rehearing is over
ruled"