The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1883-04-27

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time been cited during the progress
Of this case which holds that, rs to
paper required to be entered upon tn
journal, the enrolment can override
the journal entry. AS to u bill. W
cOncede the correctness Of the anthOri
ties cited. Under the custom of legis
lation the enrolled bill is presented +
the speaker Of the house and the pre-
sideDt of the senate for their sigma
ture, and is approved by the Governor
1t is in all respects treated as TN
original act. No entry of it is re
quired to be made upon the journal
and hence the journal could not con
tain any evidence OF its contents bu
with regard to proposition for al
amendment of the constitution
whether it be In the form of resolu
ton or of bill, the provisions of tn,
constitution are different. That il
required to be entered upon the jour
nal and if the requirement is observed
the journal does contain evidence o.
it's contents. 1t is evident that the
authorities which apply to the case Of
an ordinary bill, have no application
whatever to the resolution in ques'
tion." The court discusses and an
swers the various positions of counsel
on the argument of rehearing. and
concludes the opinion as follows: eve
have approached and discussed this
grave question with a full apprecia.
ton Of the responsibility which it in
wolves, and we have given to its con-
sideration the earnest attention which
its importance demands. We have
sought to maintain the supremacy of
the constitution at whatever hazZ ard,
1t is for the protection of minorities
that the constitutions are framed.
Sometimes the constitution must lie
inteaposed for the protection of ma.
jorities. even against themselves.
Constitutions are adopted in times of
public repose, when sober reason
holds her citadel, and are designed to
check the surging passions in times
of popular excitement. But IL courts
could be coerced by popular majorities
into Il disregard of their provisions,
constitutions would become mere
ropes Of sand, and there would be an
end Of social security and of cOnstitu.
tional freedom. The cause of temper.
ance can sustain no injury from the
loss of the amendment, which would
be at all comparable to the injury to
republican institutions which a plain
and palpable violation Of the consti.
tuition would inflict.
The large and respectable class of
moral reformers which 50 justly de.
mands the observance and the en-.
forcement of law cannot afford to
take the first reformatOry step by
violation of the constitution. How
can it consistently demand Of others
obedience to constitution which it
violates ITSELF The people. can, in
short time, re enact the amend
ment. In the matter of great NOR.
al reform the loss of few years is
nothing. The constitution is the
palladium of republican freedom.
The young man coming forward upon
the stage of political action must he
educated to venerate it by those al
ready upon stage: must he taught to
obey it, whatever interest may he
advanced or may suffer. Whoever or
whatever may be voted down or up,
no sacrilegiOus hand must be laid up.
on the constitution. Abidingly and
firmly convinced Of the correctness of
our former conclusion. recognizing no
superior higher than the constitution,
acknowledging no fealty greater than
loyalty to its principles, and fearing
no consequences except those which
would flow from direliction in duty
we adhere to and reafiirm the doc.
trines already announced. The pe.
tition for rehearing is overruled."
Justice Becks dissenting opinion
takes the broad ground that. The
adoption Of the amendment by the
people of Iowa is purely political
that the courts of the State
have no jurisdiction over the matter
whatever, and that the vote of the
people having declared the amend.
ment part of the State constitution,
no errors that may have occurred in
passing or publishing the amendment
should have any weigh whatever in
determining its legality. The judge
quotes from many authorities that
sustain the position taken by him.
The dissenting opinion is very ex-
covering every phase of the
question, and fills about 40 pages of
legal cap.