The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-22
Supreme Court Holds None of the
Contestants Points Well
Founded.

resolution shall be passed except with the
assent of majority of all the members
elected 10 each house of the legislature,
and after it has been read three times.
The vote upon the final passage of all
biils shall be by yeas and nays; and no
law shall be revised or amended by
reference to its title only; but the act as
revised, or section as amended. shall be
re-enacted and published at length"
This section prescribes the enacting
clause of every law, and requires the as
sent OF a majority of all the members
elected to each house thereto after il has
been read three times, and a vote by
yeas and nays upon its final passage, and
forbids the revision Of any law by refer
ence TO its title, but requires the act re-
Viseo or section rs amended to be en-
acted and published at length. This sec
ton does not expressly require the yeas
and nays to be entered on the journals,
nor does it say by what means the acts
specified shall be evidenced.
Section "A of the same article declares:
THE presiding officer of each house in
the presence of the house over which he
presides shall sign all bills and joint reso-
lutions passed by the legislature, after
their titles have been publicly read, i'm
mediately before signing, and the fact of
such signing shall be entered upon the
journal"
This section requires the title of each
bill passed TO be publicly read in the pres
ence of each house. and the bill 10 be
then signed, and the fact of signing TO be
entered on the journals
Section S, of article 7. of the same in
strument so far as necessary to quote
ii is: Every bill passed by the legisla-
ture before 1t becomes a law, she'll be
presented to the governor; if he approve,
he shall sign it, and thereupon it shall
become a law
This provision in effect SAYS that every
bill passed by the legislature becomes a
law upon being signed by the governor
but il does not say how the passage OF a
law shall be evidenced.
MODES OF ENACTING.
Constitutional provisions prescribing
modes of enacting laws should be OBJ
served. But whether the proof of such
observance consists of the enrolled laws
deposited in the office of the secretary OF
state, duly signed by the presiding Off
GERS of the respective houses, and the ap-
proval and signature of the governor, or
of the entries found on the journals of the
respective houses furnishes a question as
TO which the courts of last resort N the
various states differ. Objections may be
urged to either means of proof Minutes
and memoranda may not always be cor
the minutes and memoranda are some
times made amid circumstances calcula ted
to confuse and distract the attention, and
TO divert il from the business in hand
Bills may sometimes be enrolled and
signed by presiding officers and approved
by the governor that have never been
duly passed. Either source is subject to
possible error. Courts and lawyers VIII
differ as to which is the surest and best
source of information. However, when
statutes are published people shape their
actions and conduct with respect TO them,
they incur obligations, acquire rights ana
discharge duties in reliance upon them.
If such a law, in any instance, should
turn out to be void, because some require
ment of the constitution had not been
observed in its passage, great injustice
would be likely to follow. We must re-
gard the enrolled bill duly signed, APP
proved and deposited in the public
archives, as more acceptable ana con
venient source OF Authorization, and Il
referred to. less liable to overturn law.
and quite as reliable as the journals CT
the two houses. The people ought not 10
ne required to ransack such journals to
ascertain whether laws have been duly
passed. and they cannot be expected TO dc
so. Nor should lawyers before advising
clients. be required 10 search such
journals Statutory enactmentS should
not depend nor stand upon such sandy
and uncertain foundation, If better one
can be found.
ENROLLED BILLS SUFFICIENT.
We are of the opinion that the en-
rolled bill, duly signed. approved and de-
posted in the Office OF the secretary OF
state is quite as reliable, and more ac-
ceptable and convenient than the entries,
or the absence of entries OF legislative
action which may be found on the flur-
nails of the two houses. And II relied
r9on as unimpeachable will be less liza
bic to overturn laws upon which the
people have relied, and under which they
have acquired rights. incurred oDiiSa-
tons and performed dutles-leSS liable
in that way to cause litigation and con-
fusion The question involves considera-
ton of public policy.
In Lafferty VS.. Huffman Ga late csse
decided by the Kentucky court of p
1cl l7a oh n o
on the final passage in the senate of the
bill as amended in the other house, the
vote was not taken by yeas and nays
After a thorough examination of the
question, similar to the one now under
consideration. the court said:
From every point of reason, there
fore, we are convinced that the enrolled
bin, when attested by the presiding ON
GERS as the law requires. must be ac,
ceDted by the courts as the very Dli
adopted by the legislature. and that It's
mode of enactment was in conformity &c
all constitutional requirements. sFhen
so authenticated, II imports absolute YER
ity and is unimpeached by the journals
When we look TO the authorities we ind
as indicated before, great diversity OF
opinion. They are too numerous to be
reviewed here We notice, however, tna'
the more recent cases are adopting the
English rule, and holding the enrolled
bill conclusive. In several of the cases
where the courts felt constrained TO fol
low their former rulings, holding the
Journals competent, regret is expressed
that a different rule had not prevailed.
Lawyers reports. annotated, page w
Pangborn VS.. Young, 30 y. Y %.
Sherman vs.. Story, 30 Cal. 20
State of Nevada VS.. Swift. 10 New. 1l6
In Field VS.. Clark, 14S, L. S. $40, the
court after stating that il was not neces-
ss-ry TO decide in that case TO what ex-
tent the validity of legislative acts may
be affected by the failure to enter or
the journals matters which the consti-
tuition expressly requires TO be entered
used the following language:
1.-THE signing by the speaker OF tht
house of representative and by The
president of the senate. in open session
90 an enrolled bill. IS an official attesta-
ticn by the two houses Of such bill as
one that passed congress IL is declar
alton by the two houses, through theil
presiding officers. to the president. thai
q bill thus attested, has received, in due
form. the sanction of the Legislative
branch of the government gnl that il
is delivered to him in obedience TO the
constitutional requirement that all bills
which pass congress shall be presented
to him. And when a bill. thus attested
receives his. approval. and is deposited
in the public archives, its Authorization
as a bill that has passed congress should
be deemed complete and unimDeach'
able"
The constitutions of many of the state:
expressly require the yeas and nays or
the passage of bill as well as Other
matters TO be entered on the journals
while the constitutions of other state:
do not expressly require such entries
The decisions holding that the court MAY
lock beyond the enrolled bill in the pub
lie archives, duly signed and approved
IN nearly every instance, were made IL
states whose constitutions expressly re-