Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-23

the purpose olimleAc"'"s ~
act. -. ~ the opinio9 that
sm oonntty the enrolled OCT on lne
IN 'n's .,n,s duly signei, spptoNeu
hfss.nss,tsd win the proper GUS.
anu n,,ms facie bu mol o)nolu''Ne
ulsn, nj Ne constitutional enau',
evlu.n era of VIVA, tte law y; tns'
menu ,on,is may take jndiciai ooEpl'
tuu W. Tie legislative loutheIF'
,,anired 10 10 kept by tne .o las,sss
~ and that SUCH Journals IvIs
~ nberacter Of public teooIus' - ~
Linz in each csso being qu'sioh 'oi
uhIuo ~ In laet. some OF tue cou u
VIC t ovs ,ssnonJents,i In heir argnmeht',
". ~ mat the courts had thG tlb u
,.so indjcial cognizance OF 'ne
70 I mi claimed tnat they cor
!Sasa nolhipr lerogRt1ry 10 the
iain 1.S,r ' ~, Inc ac', AMI in this think
they were correct, IT,, o,ao.
Clearly the affirmative OF va, " n
linn 4 supported by the N'iE.' .a
sn,hoti,y 10 The several states OF wy
linton, as well as by eminent ''A'
wrter' Ill T. 80. t,ont,so mn
ron,,,Iu,ioual limitations on page lo2,
says:
Each house keeps a journal of us pro,
ceeIing., which Is pubic rtepIu, ~
al woloh the courts are a merry 70 .Hho
indcisl notice. II 1t should appear Iivih
,hase journals that any act ulu ny ~.
eeye The requisite majority, or nm mn in
re.pect 10 II lhe Legislature dlu lo''oN
any rtauifement Of the Cons'l'ulon' Vt
ibat ia any other respect tho act was no.
conNiluionally adopiei, the courts may
net upon this evidence, ana auluuge 'ne
statute void. 49, .- o,
Iulrs sutherland, 10 his worR on
statutory Construction, SECTION 40
slnies tho law as follow;
when an act Is found lodged In the
ofice of the Secretary OF State, with the
annie acts passed at the same session
,irned by the presiding officers, hp-
nrnyed and signed by the Governor ana
Il publlshei by authority as one OF me
nnhlie statutes of the State. or Is other
wise authenticated according 10 law, aud
in proper custody, the presumption Is
that II was regularly piE liunl9s' there
l. evidence Of whicn the courts take
iudlca notice showing the contrary.
The Journals are records, and In all res
meet, touching proceedings under the
mandatory provision Of the Constitution
will be eilecual to impoach and AVOID
Tho acts recorded rs laws and duly au-
thentca,ed, 1t The Journal ailiruaively
show that those provisions have been
disrerardei. In tho absence OF such an
affirmative showing, and even in cases
OF doubt, It will be presumed that u
uuorym was present; that the necessary
readings occurred; that the amendments
made BY one branch, though exiensive,
were gerlnane; that they were oncmed
in by lie other branch, though the JOUR
mails may be siloni.
And in section AZ he says.
The tendency, however, ,of the laws
growth is 10 preserve The supremacy Of
constitutional authority, leaving 1t to
the wisdom Of the Legislature to mili-
gate any incidental Inconvenience by
closer observance OF the prescribed pro-
cedure, and more diligent attention TO
the making and preservation Of pub
lie record Of the essentials. Tho cases
cited in Tho preceding section hold the
constitutional injunc ions Imperative;
AMI as the Constitution requires the
keeping and publication Of legislative
Journals, these arc treated as sources of
information to be relied on by the courts
as well as the public.
In sfu,ion Al, i'd, he says.
The Journals, by being required by
the Constitution or laws. are rotorls. AT
lat Ia
NOT strictly records; while admissible in
evidence Ior certain purposes as official
meu0rials or remembrances, they were
my Admissible To show that an act of
Parliament had not been passed accord
ing to its own rules. But when required,
rs Is OK ensiyely the case In this coun-
try, by paramount law, for the obvious
purpose OF showing how The mandatory
provisions OF that law have been fol-
lowed In the methods aud forms OF
legislation, they are thus made records
IN dignity, aud are OF great importance.
The legislative acts regularly authenti-
ealed arc also records; the acts passed,
duly auihenIioa, Cd, and such Journals
are parallel records, bus tho later are
superior when explicit and conflicting
with the other, for the acls auIhenti-
Gated speak decisiyely only when the
journals arc silent, anu no. even ,nen Us
10 particulars required 10 be entered
therein.
See also section !, Id.
80 Black, IN MS late work on Inter
probation u Laws, pnblisbed In 1896
psge 20, after speaking OF the right o.
releIfilg 10 tue journals Of the Lpgis,
ia'ure In all Of tue Interpretation o
statutes, say:
1t Will DO observed that this question
Is an entirely different matter from re
sorting 10 The legislative journals 10 as
@r'aln whether an act was contributions
my passed, that is, passed with tho re-
qnlslle majority, or aitor tho required
nuhhoer OF readings, or with the cal o
the mouse on Its final passage, or other.
VS. III conformity with the require
heh!s OF the Constitution. On thii
point we rule settled by 4 majority o
nv courts Is thai Il Ia competent 10 <
pehihu Ihe enrolled act aud consult ia,
the journals, but that the net viii MOI n
declared void for lack of compIiauc,
with the constitutional form, unle.,
lhelr non.obServauc8 Is ahOwn nilirnn
hvely by the journals. II tho iournnI.
are silent a. 10 these matters, il viii Ia
presumed iha. the legislature c5nplIs
win AL the constitutional reuuislte. Il
any event, no evidence can be receive,
10 contradict the journals.
In the state Of New Ii mpshire. 4,
1905, an oct WEE found ioua,d in lii
once OF the secretary OF etalr. wir,
other puhiip apta ,.,s.,t . > "''-