The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1890-04-22

Canmiessmx xpinisn ~ 10 the Importance
~ sl.s Omitted Clause.


DRs MorxRs, April ~.
The recens excitement over the siicovery
THAI 4 line hal boeh omitted from the
railway bin PASSED by the late Legislature
has auistea down somewhat. but opinions
attn amer a. 20 what importance is TO be
attached IL the omission. Some think
that sss ln~ N jnst NJ strong and will be
inst ss effective without the clause that
w&x omitted. Others think that IT win be
hard TO enforce the laa IL the rail-
roads choose to resist ~. The omitted
line siates that the rates are TO be
taken ~ prima farie evidence Of being just
and reasonable. Leaving that ont there is
nothing iu the law TO indicate that the COM
missioners' rates are fair and eompensa-
tory, and II the railroads should refuse TO
put them In force the state might have
hard work to prove that they we're reason
able rates. AZ least the burden OF proof
would be upon the state. and Il would be
hampsred somewhat In It's effort AZ en-
foxcing the commissioners rates. Some
of she railroad men say that the Law il
unconstitutional and would have been
deciAredinvalid anyway, so that fhe omitted
cianse will make no difference In the re-
suit. The railroad commissioners. who
have given the subject very careful aften-
tioa. insist that the Law is constitutional
and can be enforced Satisfactorily In spite
Of the omitted line. Governor Boies IL
inclined TO tske the same opinion also.
Ths discovery Of this error has started
inquiry m 10 how snch mistakes occur, ani
IL appears that there has bean great
careiessness IN legislation during the
last few years. In this particular in-
stance the trouble grew out OF the practice Of
substituting the printed btll for the orig
inal bill. The latter is all right and had
in a just what the writer intended to say.
The printed copy. however, through the
eareiessness af the printer. omitted lite
of the copy. The committee then TOOK chs
printed copy instead Of the original and
made their amendments In that instead OF
In fhe original copy. They then
started the printed copy on ITS
pssssee. through the Legislature, and
co. a6u acing further aud further
$50 ftem &c original bin, which was the
OILY oAkciAl piil before the house. The
psacsioe Of using printed copy Of bin
inetead of tho original bill itself has beer
&&InanQ Tor the last years. IL gives oppor-
t1khIty fcr sex1aas fhfstskss, for the printer
IN not supposed 20 he "A earefrfl inprinfing
she l,iil - tia aushor was IN drafting IL
krroFa easily creep In. aud unless the iegis.
lnture sticks close TO the original bill, il is
iiaels, a. Tn this case, TO overlook some
important omission or fault. There is
szsAt deal Of carelessness In ~ Iowa legis-
iafnrs. The defeat of tha pro-
htbafory amendment few years
n1e 90 account of technicai error In tha
per.ees q ths sssolasiea fos sabmlssioa
Vim be surprising " several OF the bills
nasssd by tho late legislature ara not found
20 be wanting In some impoE1ant partiru-
lars. a great number were fusbed through
ia the closing hours, when there was no
time 10 watch closely the details OF legisla-
tion. A hubhub Of noise and confusion
nearly Distracted the clerk and speaker,
and il would have been very easy
for serious errors 70 have occurred
Indeed. II is claimed that one bill,
that providing for soldiers monument,
was passed In the house with t~o votes
less A1k8u n G0&4e&t&attot&&s ktf"f~&sN4r
quires 81 votes TO pass bill in the house
ana this bin received 40 nndisputed votes.
The clerk, however, declared twosmem-
bers as voting for il who insist that they
iia NOD. There was great confusion ri
the time and ths clerk says be understood
thess two gentlemen 10 vots aye, and 30 re-
corded fhena. Ths yots VAS an
nounced. the speaker declared the bill
| passed, and afterwards when the two mem
bers attempted to have their setes changed
| shsy were told that II was too late Thi
clerk, however, eth insists that they votes
ave. Thsrs was great confusion at tn
| tins snd II wss pretty hard to tell hov
4 anybody was voting or what was beinl
done. u has been suggested that the nex
legislature better hire q superintendent
legislation, to spend his whole time IN see
Ing that the members don't make mistake
In making laws.