Telegram-herald., 1890-09-14
JUDGE BURCH'STITLE
Asssrs. Norris L Norris Are Wad-
ing IN Deep W warer.
TIE LElDERS EDlTORIlL ARTICLE
A KsnarkAhIs Inst4aee or ths Bnaa
Lsadfas the BIiads sad the Chsacss
Are Thsy VIII An Go late
ths Dltsb foE~thsr.

The lELE8kAa- ffAEALb lertctuay
morning mentioned one error IA The
senate record OF the passage Of the bill
providing tor sn additional Judge IN the
Seventeenth ludicial circuit, but I'D
lot conssief the error n detail. As
considerable stress i laid upon Il, by
those who attack Judge Burcn's title, Il
becomes necessary 10 point out that IN
consistency IA tue record, which shows
the error 20 be merely clerical and not
essential
IL - claimed bY Norris & Norris that,
when the senate Fe-tFsnsmitted the bill
a. the House, At the request OF that
body, lt recOnsldered the vote py which
Il passed the oil and then never passed
itsgaln. Tney rely upon an entry n
the senate Journal on page sll. which
runs as follows
'Mr. Wesselius moved 10 reconsider
the vote by which the senate passed the
BIZ;
Which motion prevailed.
''The question being on the passage
of the bill.
son motion OF Mr.. Wesselius,
The bln wss returned to the House,
pursuant TO the request of the House"
At no stage Of It's record in the Senate
was the bill put upon It's passage again,
bat when Il was returned By the House,
for the last time, the Senate concurred
N AL the House amendments and or
dered the oili enrolled. Now, II Norris
& Norris can induce the supreme Court
10 stop short here and shut It's eyes to
common sense aud knowledge OF legis-
latIve proceedings, they may accom-
pilsh something. But the Supreme
Court vii not only take the whole Jour
nal, but Will also take judicial cogni-
rance OF certain laws that seem not yet
% have entered the comprehension of
Norris & Norris.
But Senator Wesselius made motion
10 reconsider the vote by when the bill
was passed, snd the Senate never re-
considered that vote. "But the Jour
nal says so, and parole evidence can not
be admitted TO vary II" say Norris 4
Norris. The journal does not say so,
and there IS Official record evidence to
prove it, IN the journal itself, which
NOrrls * Norris could have found, If
they really possessed one-quarter OF the
astUteness they pretend 10 have and
charge their clients for. But TO the
whole case:
On the very first day of the session the
Senate adopted the following resolu-
ton:
Resolved. That the reading of the
Daily Journal be dispensed with for this
session. and that the Secretary be au-
thOriLed To make all necessary cOrrec-
tiOns IN the journal from day to day"
(See journal, .. g.
The purpose of this resolution is 10
save the time OF the Senate, and 10 au-
thOrze the Secretary to make cOrrec-
tons m the daily record.
Al the close of the session a concur
rent resolution was adopted by both
houses, "Ihat the secretary of the sen
ate and the clerk of the House of Re
presentatives De and they are hereby
directed to compile and prepare for
publication, make indexes and super
intend the publication of the Journals
and documents Of the present Legisla-
ture," etc. This concurrent resolution
NAr uNAN hfftlVHE4 AN ttlf 'fOftlHUI
accordance with the constitutional pro-
visson see C0ust., Art. ~, Sec. IA, has
AL the force and effect OF law aud It
was Published with the laws Of last ses-
slon see Pub. Acts, p. 453l.
The above concurrent resolution
authorizes the inal preparation of the
journal for publication IN book form.
As the economical Republican admins
Of 2 ~. "a
journal from the same type from which
the daily journal IS printed, TO save
double composition, any error over
looked in the daily journal viii appear
IN the official journal. Hence the ne
cessItv for final revision before the
journal receives tee official certificate
OF the secretary or clerk. Until that
certificate = attached, 10 identify the
journal as Official, Il IS simply mass OF
printed matter
Now what happened in this case.
The informally On page Sll Of tine
journal was discovered by the sccre
tarv aud reC0gn nzed as An error in
making up the journal, arising from q
Misunderstanding OF the motion by the
journal clerk. ON page l553 of the
iourusl VIII be found a list Of ''Errats,
among which : the following. cor
page Sfl, lines iu and H. the vote
recouHdered wss rot the passage of toe
bill but the vote by which the Senate
coucurred in the House amendments &
tie bill, on page 1a7.' Tins additional
matter was officially made part OF ths
Official Journal cy the secretary IN pre-
parinE g for publication IN book form
and on the page following 1854 sp
pears the seCrctarv's certificate ''thal
the foregoing isa correct journal. etc
To make this correction sull more pub
bic. cross reference % it was asserted
IN the index story of the bill In Qnes
ton. found on page 1922 All tai
might have heen found BY any lswvei
Of one-hsif the preteusiOus Of Norris 4
Norris.
So rluch for the record. Vow for ths
law of the ease. The House never "a,
snd car not get possession If s Senat,
b,l. WITH any Jurisdiction whatever
until such h.n has been passed rv En-.
senate. otaerv So the House euuid tax.
M Senate bills and pass them While We
urder consideration by the senate
This hin had been returned 20 the sen
a. bv the House with surdrY amend
rle'ets see psgs T9Tl, III winch The sen
ste bad concurred. When tie Ho8s'
ssSed for return of The ba Psge $40
it. Of course, vas enttled ~ receive th.
t oacs p Iust che ssn-e condition 20
whieh g vas returned &c the >enste
To 90 ths. tae senate would fcrmsl !
rrzvnt = action NE to tde point Of ta.
receipt of tne hi'l from the House. II
tfs ease It reConsderod the vote hl
veh e concurred IN the Hous