The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-05-05
SUPREME COURT CASES.
Reported for The Clarion BY w. n. Harper
attorney-at-Lsw, Jackson, Mss.
october Tern-1ss5.
PARrE. w. V. WREN. :

october Terrn-ISS5. I
Elk PARrE, w. V. WREN. ID
Appeal in habsas corpus,
CAMPBELL, J, delivered the opinion OF I
the court.
The precise question for decision Is
this: Is an act signed by the Governor,
after having been signed by the Presl-
dent of the Senate and the Speaker oil
the House of Representatives IN attesta-
ton of the fact that it had passed eotD
Houses, the sole evidence OF It's contents
as passed by both Houses, or may resort
be had TO the journals Of either to deter
mine whether the bill as signed by the
President of the Senate and Speaker OF
the House contains amendments whlch
appear to have been adopted; In other
words, whether the bill a signed oy the
presiding officers is that which WAS
passed by both Houses
1t is not questioned that bill entitled
As above passed both Houses, and the
dispute is whether the two Houses con
sented TO precisely the same provisions;
Ii is question as to the contents anu
provisions of the bill. There Is great /
lect to which this question relates.
One view Is taat the Legislature can /
act only as authorized by the c6nstltu- |
ton, aud that the journals must show
affirmatively conformity to the require
ments of the constitution in the progress
# a bill through its several stages to
| become a law, OF else that it Is not law,
| nd i to be 81 declared and treated By
the courts.
Another view IS that mere silence OF
| the Journals as to those matters not
| required by the constitution to be entered
| IN them will not inyalidate bill passed
| by both Houses, but presumption VIII
| ne induced in favor of conformity to-
| the constitution, and the act Will be
| Upheld on that presumption; but, II tue
| constitution requires the entry on the
Journals OF certain things, and they are
| not shown by the journals, or, IT the
journals afiirmatively snow failure TO
| observe those provisions CT the coustitu
ton which relate to the passing Of bills,
out are not required to be entered on
The journals, the -bIll will MT become
law.
third view is that the enrolled
act signed by the President of the Sen
ste and the speaker of the House OF
Representatives end the Governor Is the
sole exp0sitor of its contents, and the
conclusive evidence Of its existence &C
c0rding to its purport, and that it Is not
allowable to TOOL. futile to discover the
history of the act, or ascertain ITS pro
visions.
There may be notifications of these
several views, but they embrace sub
,tantialiy the different rules announced
On this much mooied sub Jet.
The first mentioned has but feeble
! support Its absurdity Is so manifest as
TO have found few advocates. It degrades
The Legislature below the level of au
) inferior court of special ans. limited
. iurisd ction, and demands that it.
daily record of proceedings shall atfirma
lively show the existence of all those
facts and conditions on which its power
10 act depends, aud INDUCES no pre-
sumption in favor of its proper action
even as to matters over which its power
to act is undonbted.
2 The second view mentioned has con
siderable support. There Is a quite gen
eral concurrence in the proposition that
] mere silence Of the journals as to those
steps in the progress of a bill througl
the two houses, not required by the con
stitution to be entered on the journals
Il will not inyalidate bill, which in suct
L case will lie presumed to have been pass
. ei in conformity to the constitution
but among the courts holding to thi,
n second view there is not complete accord
\ IS To when the failure of the journals &c
d show entries required by the cOnstitu
tion to be made on them will invaidate
Il an act of the Legislature; nor is there
q harmonyas to the scope Of judicial Wis
: ion beyond the enrolled act, in the eti0r
t TO ascertain the law.
This view puts the Legislature on Tho
e footing of an inferior tribunal with spe
i cial authority to act in prescribed
: state of case and manner, and presume:
Z in favor OF the regularity of its action
in cases in which its action is not re
g quired to be shown by its record, ant
{ against it as to matters required to be OF
( record on its journal, and decide!
:, against its action in the absence of sucf
record evidence, as well as where its
u record shows aiiirnatively on-cOmpli
ance with directions of the constitution
: as TO the mode Of exercising Legislative
Q power.
The third view mentioned above meet,
: our unqualified approval, because it i
y the simplest, the surest to avoid error.
and difficulties, in accord with the con
stitution, and supported by an array o.
authority, and a cOgency of argument
r that command our fullest assent Every
other view subordinates the Legislature
u and disregards that coequal position il
81 chr system of the three departments o
It government. If the validity of every
act published as law is TO be tested b,
y examining its history. as shown by tn,
+ journal of the two houses of the Legs
; lature, there will be an amount of liti
x cation, difficulty and painful uncertain
" appalling in its contemplation. anC
multiplying hundred fold the alleged
Is uncertainty of the law Every suit be
u fore every court, where the validity oil
l. a statute may be called in question a.
. affecting the right of a litigant, will bc
" IN the nature OF an appeal or writ of err
:, ror or bill of review for errors apparent
: on the face of the legislative records :
i | and the journals must be explored tC
determine, if some contradiction doe,
: not exist between the journals and the
r. bill signed by the presiding officers OF
; the two houses. What is the law Is tC
be declared by the court 1t must in
d form itself as best il can what is the law
; 1t may 60 beyond the enrolled and sign
e1 bill, and try its validity by the rec
e ord contained in the journals, it mus
: perform this task as often as called on
, and every court must do it, A Justice
I of the peace must do it, for he has a.
/ much right, and is as much bound tc
e preserve the constitution, and declare
T and apply the lay as any other court
: and we viii have the spectacle of exam
! nation of journals by justices of the
I peace, and statutes declared to be not
law as the result of their journalistic
: history, and the circuit and chancery
i courts will be constantly engaged in like
manner, and this court will on appeal
have often to try the correctness of the
determination Of the court below as q
the conclusion to be drawn from the
legislative Journals on the inquiry as to
the validity of statutes thus rested. II
2 is difficult enough often to say what an