, 1888-04-21
The DWISIONlSTS WIN.
Judge Maginnis Orders the County
Injunctions Dissolved.
Converse and Sheridan Counties
Can be Organized.
A Brief Review of a Remarkably
Clear Ruling.
The Question Hinged on the Anthem
ITCHY of Records.

Judge Maginnis last evening rendered
a decision in the Converse county iniunc-
ton case, which virtually authorizes the
commissioners to proceed at once with the
organization of the big county. The rul-
ing was somewhat lengthy, and very clear.
The audience was composed of attorneys,
interested persons and members Of the
legislature:
Il have given this question a very ex-
haustive examination so far as the author
tiles cited by the attorneys are concerned.
In regard to Converse county three quest
ions are presented-The bonded indebt.
edness apportionment, which can scarcely
be advanced by the plaintiff for the reason
that he does not r eside in Albany county,
the locality affected.
THE second proposition submitted is
that the veto Of the original county was
not acted upon and the claim is made
that the matter could not be again
preached during the same session. This
questions the power of the body. The
Legislature is a thing and lasts forever, the
same as cong ress. The sessions are sim
ply meetings and numbered for conven-
fence. Bearing this in mind you cannot
say that because a bill is vetoed and the
message not acted upon the act cannot be
again passed. 1t might as well be made
a rule that no matter can be discussed
twice by a body of this character. The
governor might veto the same bill every
day. OF course this would be child's
play, but it could not be prevented by
courts"
This settled the second question. The
bill stood as if passed Notwithstanding the
objections of the governor.
The third and most important point
was then taken up-the time of passage.
Some very fine points had been made by
counsel, but these his honor did not care
to discuss. 1t was generally understood
that a legislative day is not a calendar
day. This was recently illustrated in CON
gress, where Wednesday lasted for nearly
a week.
The record shows that the county bill
was passed on the sixtieth day OF the
session, but it was a notorious fact that
the record was untrue in this respect.
However, law must be administered with
a view Of doing justice to the majority.
If records could be c~ontradicted by
parole evidence d~issentions would be end
less. If a member of the assembly were
permitted to belle the journals the effect
would be disastrous. Interminable suits
would be instituted so soon as sessions
terminated. Official and duly attestcd
records must be accepted as absolutely
true.
This brought his honor to what he con-
sidered the only question in the case
whether or not the journals were records.
If they were they could not be impeached.
1t had been claimed that it was abso-
lutely necessary for both houses to keep
Journals. If this were true they could not
be impeached. If the keeping of these
records was not compulsory they could be
contradlcted.
In New York a defect in a law was dis
covered to be a Journal error, but this
could not be construed into authority for
the contradiction of the written proceed
Ings.
Another authority cited held that in
cases of this nature a plea must be made,
be said nothing of parole evidence.
In one instance a statute was mis-
printed, but was not impeached by testi-
mony. the court holding that the enrolled
act must be presented.
The law says that the judge may resort
to any source of information which ONE
in the regular channel, but does not in
clude parole evidence. Legal sources of
information are alone evidence.
No citation made by counsel for plaintiff
supported the proposition that verbal evil
dence could be adduced for the purpose
of impeaching the records.
Were the journals presented in court,
the records Of the territorial secretary,
kept in conformity with the United States
statutes2 If so, they were unimpeacha-
BILE. Every presumption was in favor of
the validity of the act making the secreta-
ry alegislative secretary. The United States
statutes constitute Legislative clerks dep
uties for the territorial secretary. This
being the case these records are u%nchange-
able.
! Judge Peck's charges against the legis-