The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1883-04-27
JOWA'S ORGANIC LAW.

with the Majority.
The Judges of the Iowa Supreme Court
have again decided adversely 10 the ITO
hihition constitutional amendment, adopted
by the people last fall There are TWO opih-
ions, Judge Beck dissenting, us In the ior
mer rendering Following is the summary
of the majority decision;
The question of the courts jurisdiction 10
.,ohoratelv considered. and the case of Luther
90 BORDEN. upon which the appellants mainly
,eliod mon the rehearing. is considered at length
II Il shown that that case involved the question
- 20 the right OF n court holding its powers
under a constitution 10 pass upon the Vallully OF
The constitution under which ~ ~ ltseli vi jan
Jed and that 1t has no application "hateseL 70
an amendment not affecting the Juuiclal autsoi
inv of the court that the rgnl OF
pt ople to alter or reform their Govern
ment at pleasure Consists ssttntior IN
the right TO change-the existing CONSTITUTION IN
the manner provided in IL, or by reVoiuIion'
which is right not under but above the ooh.
stitution; that the right OF revoluton can ,h n
made effective only by superior force, anu enas
failure subjects those undertaking 10 lhhueurdOo
the change TO the penalties OF treason; that I'M
less voluntary acquiescence Is yeiuen 70 nssion
| posed change in the Constitution, the question
can be determined only by an appeal 70 tue
courts, appeal TO arms, ana that tne hln
| tenance of social security and OF republican
institutions requires that the courts shouin ue-
| termine the question. ,.,...
| The opinion maintains that this Jurlsdictlon
| has been exercised in the seven states OF Ala
| bama Missouri Kansas, Indiana, Michigan,
| North Carolina and Wisconsin, ana mas Deen
denied in none. In the course OF the oplhlon
| upon this branch OF the case the court says:
| III il well that the powers OF the people
| and their relations 70 organized society
| should be understood No heresy mas ever been
| taught in this country 80 fraught with evH
! as the doctrine that the people have consul
! tutional right 10 disregard the Constitution,
and that they can set themselves apose
| A. ,foIff into ~
| tuition for the administration or law. IL TENDS
! directly TO the announcement OF revoiuton ana
anarchy. 1t is incumbent upon all who influence
| and mold public opinion To repudiate ana dis
! countenance so dangerous doctrine before IL
| bears fruits destructive OF republican INSTITUTE
| tions. 1t will be well If the people come to un-
| derstand the difference between national ana
constitutional freedom before license becomes
| destructive OF liberty.
As TO the conclusiveness of the recital of the
! Nineteenth General Assembly that the Eight
! zenith General Assembly had duly agreed TO ana
! entered upon its Journals the same resolution
| that the Nineteenth Gen raj Assembly was
! about TO submit to the people, the court holds
that there is nothing in the constitution or the
| statute or the nature OF the subject making the
| recital conclusive; that the District Court Is
court Of general jurisdiction; that everything Is
presumed TO be within its jurisdiction until the
contrary Is shown, and that the burden
! ia upon those who deny that the Jur15-
/ diction of the court extends To inquiry into
| this recital 70 establish that fact, ana
! that they have failed to do so; that the
| jurisdiction of the Nineteenth General Assembly
| to submit the proposition TO the poop depended
upon tn fact that the Eighteenth General As
| sembly had agreed TO the same proposition, and
| that rhe Ninetee lth General Assembly could not
stop the courts from inquring into this jurisdic-
tional fact ny mere recital that the facts exists
/ especially as the journal OF the Eighteenth Gen.
eral Assembly, which is the constitutional record
Of its proceedings sho ~ that the TACT did not
exist. The court maintain that even the
action of court is void and liable 70
| be collaterally | reached ii its records show
that the fact upon which its Jurisdiction de-
| ponds does not exist After 1ull review or 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
! necessary for the adoption OF an amendment
! viz. -: the proposal OF an amendment in one Cen
| eral Assembly and its entry upon the journals;
| the agreement thereto by the next General
! Assembly and its submission to the people; and
! the approval and ratncation thereof by the peo-
| pie These steps are distinct, independent and
| essential. No one Of them can be dispensed
with. IL Is necessary that the proposition shall
! be concurred in by two successive General AS
semblies. II, however, one General Assembly
can cut of all inquiry into the action of its pre-
| decessor by mere recital of what il has done,
! 1t follows that amendment may be incor-
| porated into the constitution which has never
received the sanction of more than one General
Assembly. Such construction might lead to q
clear violation OF the constitution. We cannot
| give IL our sanction.
Upon the question as to whether the resolu-
ton az enrolled is better evidence of the legisla
! tive action than the reso ution as entered upon
the Journal Of the Senate OF the Eighteenth
/
constitution requires ca n house of the Cen
eral Assembly to keep journal of its proceed
ings, and the statute provides that the proceed
ings are proved by the journal; that there IL
neither constitutional nor statutory provision
nor rule of the General Assembly requiring the
enrolment Of resolution proposing an
amendment 70 the constitution. The court
holds that the journal upon which the
constitution requires an entry OF the amend
ment TO be made constitutes the better evidence
OF the terms OF an amendment propos ed: Upon
this branch of the case the court says: no au-
thority has at any time been cited during the
progress OF this case which holds that as to a
paper required to b. entered upon the journal,
the enrolment can override the journal entry
TO bill We concede the correctness of the
authorities cited. Under the custom of legisla-
ton the enrolled bill IL presented to the Speak
er OF the House and the Pres dent of the Senate
for their signatures, and IL approved by the
Governor. 1t Is In all respects treated as the
original act No entry OF il il required TO
be made upon the journal, and hence the jour-
nal could not contain any evidence of its con-
tents. But, with regard TO q proposition for an
amendment OF the constitution whether il be in
the form of a resolution or Of a bill. the pro-
visions OF the constitution different. That
Is required to be entered upon the journal, and
IL this requirement Is observed the journal does
that the AUTHORITIES which apply to the of
an ordinary bill nave no appl cation whatever TO
the resolution in question"
The court discusses and answers the various
position OF counsel on the argument upon re-
hearing, and concludes the opinion "a follows:
We have approached and discussed this grave
a.
sibilitics which IL involves and we have given to
its consideration the earnest attention which its
Importance demands. We have sought to main
tain the supremacy OF the constitution at what
ever hazard. it is for the protection of minori-
ties that constitutions are framed. Sometimes
constitutions must be interposed for the protec-
ton OF ma1orities, even against themselves
Constitutions are adopted in times OF
public repose, when sober reason holds her
citadel, and are designed 20 check the surginr
passions in times of popular excitement But
If courts could be cocrccd by popular maiorties
into disregard Of their provisions Constitu-
lions would become mere roDes of sand and
there would be an end Of social security and of
constitutional freedom. The cause OF temper
ance can sustain no injury from the loss of this
amendment which would be at all comparable
20 the injury TO republican institutions which a
plain and Tapable violation of the constitution
would infiict. That large and respectable class
OF moral reformers which so Justly demands the
observance and enforcement OF law cannot
AFFORD TO take its first reforma DRY step by a
violation OF the constitution. How can IL con-
sistenty demand of others obedience TO a con-
stitution which IL violates itself? The people
can in a short time re-enact the amendment In
the mattel OF a great moral reform, tn loss of a
few years Is nothing. The constitution is the
palladium of republican freedom. The younp
men coming forward upon the stage OF political
action must be educated to venernte
it; those already upon the stage must
be taught TO obey IT., whatever interests
may be advanced or may suffer Whoever
or whatever may be voted up or voted down no