Telegram-herald., 1890-09-16

Ins 4tsentQn shea a4s ks<l eale1
. ts4s sFzcE - t1e SsLass ge1naAl, Ia
~ rseoxd sf ths passage oI tae h.ll
psoralng Ter an saalE0a4i 391ge for
tbs s.Te1ll, esgkt - ts pKca 1eGye q
soaas gacd- fnsse . noss &Ga uaasr
cur system eaanot Be, sumeseag care
gissa q ths making Of % Important q
reeoEd. Ihe fate Of = statute Fesls
upon its evidence TIE SupTeGas Co lt
can 40 no iess than l0ok to i aa1 rely
upon it. Aad yes the very maznsE "a
xnseh 4 = made up does not ensitle 4
60 80 muea credit an consideration.
Neither House IN Nlen gzn keeps a
written journal That practice w4s
abandoned ia 1851. Il = .mprzeticable
n connection With the printing Of the
journal daily, unless larger force OF
assistants Is provided 10 Go the wri.ing
The record OF the proceedings kept By
the journal clerk Of the House and the
assistant secretary OF the senate : sim-
ply printers copy. Il IS made up hur-
riedly 80 as 70 be put into the printers
hands as soon as possible. II : hur-
rledly pat into type. Those who make
the copy IN the day time can not read
the proofs ~ midnight. The journal
= never read ana corrected during the
daily session, rs it would consume too
much time. The secretary ana clerk
are Instructed 10 make corrections, but
they have neither the time nor assist
anee necessary TO reading OF the en-
tire journal by copy. The official jour
nal, in book form, il printed contempo-
ransOusly with the session, from the
same type as the daily journal, SO that
errors or Inconsistencies overlooked IN
the daily record 90 into the official
one. These latter cannot be d.Seov-
cred and rectihed until the secretary
or clerk, after the close OF the session,
under the sanction of law and his oath
of Office, makes the final preparation
Of the journals Tor publication. He
then, and only then, has time and OPP
portunity to examine the whole record
critically and compare 1t with the other
records which he keeps at the desk.
Such was the case in the error made
IN keeping the journal record of the
bill IN question, found on page sil of
the journal. The question then arises,
"Will the Supreme Court give credit
to correction so made?" We
think 1t Will. While the court
is bound BY the record, 1t is not
bound to give credit to manifest alb
surdltIes or inconsistencies. The recon-
slderation OF the passage of a Senate
bill, for the purpose OF sending 1t back
TO the House for further consideration
IS an absurdity in legislative practice.
The House asks for something and gets
nothing, for 1t has no jurisdiction what
ever over Senate bill, which has not
passed that body. The very purpose of
the House request was 10 get back the
very thingiit sent. Did 1t ask for bread
and receive a stone. for a fish and re-
ceive n serpent Certainly not; it
asked for the same bill II sent over and
got it back. The Senate could not
legally send anything else. The idea
that the Senate killed the bill by recon-
sideration and then deliberately in
structed its secretary 10 transmit the
dead carrion to the House, is a gross
absurdity. 1t wouldIbe parliamentary
insult to the House IN a case where
courtesy Is never refused.
Some means should be provided, by
which it would be possible to give the
! journals more care and attention, es-
pecially if the Supreme Court will not
heed the final corrections made by the
secretary and clerk. 1t is surprising
that more errors do not occur, for no
man, whatever his skill, and exper-
fence, and natural qualifications, can
successfully work at high pressure all
the time. 1t is true the state had
some safeguard IN the fact that both
the secretary and the clerk had spent a
score or more OF years II Legislative
practice, and the routine work had be
come second nature to them. But
Horace has left it on record that "ths
good Homer sometimes nods," and i
cannot be- expected that any less tai
ented individual can direct his owr
work and that OF his assistants, advise
the presiding officer and Impart ency
clopedlacal information TO members
State officers and lobbyists al at once
without occasionally Slipping a cog
And then, to deny him the privilege o
repairing the break. is absurd. Th'
Supreme Court will not do 1t.