The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1897-08-07

sapplsnsuial Psiiilsu fsr I n.A..r,ne Il
Ne We Casa.


~ MED two weeks ago. since then
we attorney general has made further
investigation Of The subject and IL his
supplemental petition be covers 4 mum.
Yer Of new points and elites 9 great
many additional authorities.
One OF The most Interesting featares
@ The original petition h q quotation
lton the ease Of ~ rel Heed W. Jones.
sliosnsy general. ~ Pacific Reporter
~ ~ which II was held that the court
aould not 30 behind an enrolled bin
lnat vas regular on its face. Discussing
We night Of the legislature 10 no behind
ihe enrolled bill that court said: swith
such . construction once sanctioned by
ihe courts II would follow that on how.
ever good faith an individual or an
officer might act In Visw OF the Law a
y appeared Ia the enrolled bin. anch
seeming Law OF such good faith eonld
- no manner protect him from the
result OF bis acts II Ia fact the journals
tAilsd 70 show that the act had been
regularly paased BY the Legislature.
Hence peFsoa might while supposlnR
ile V acting directly In accordance with
NE laws Of the state. be In fact com
milling crime, aud an Officer who
should venture TO pay ont money in
paFsnance OF chat thus seems 10 BE-
The law eonid be called upon 70 account
TOT The same ~ having been paid out
10 violation Of all laws IL 10 fact snch
seeming Law has not been consultation.
ally passed a. shown BY the legislative
journals. That such must be the result
u The signing By the presiding odIeeu
and the approval By the governor are 10
b. considered only ~ steps Ia the act Of
making the hill law. and not In
themselves proof Of such fact, seems
eisaF under well settled rules relating
20 construction. There
q enough injustice requiring the eiti.
Eens to take notice Of the statute law
when TO do % has only 10 determine
The iegai effect OF the enrolled act on
ala 10 The oiiee OF the secretary OF
stale. aud. " be Is further required 10
take notice Of all that Ia shown By tina
journals Of tho legislature which may
Aaers the regularity with which said
act had been passed. he win indeed Be
IN . sorry condition"
In the supplemental petition the
Ont point cOnlended for 10 that the
legislature h the sole judge Of the
facts constituting argeacy. The sc.
ond paint ID that ~iiual passage ID .
ischnl1sl parliamentary phrase and
THAI amendments subsequent 10 Hnal
passage In either house do not need the
nys and nay Vots NOT anything more
than the result Of the vote. 4 large
nnmbeg of authorities arc cited "a
sappost of these eoatenuona.
4 The third point raised ss that sub.
ssit1ss i not a neS I'LL and that
nmsSdmenia arr ndmlnAable daring the
lpFogFess Of = bili and sneh substitutes
arr not snblcct 10 The same rules n The
e'n 70 fsgafa 70 The Number OF FeadingA
On tha Poana s"atherinisas work on
statutory Construction is quoted ~
tuaio@a tbs Feadinm tcQnsred on
h'lla are ihlet'dei 10 Afford oPPoTtnni'
ura Tot ar'ieeFAiH CONSIDERATION Of
them In detail and foE amendment
hsncu amendments are admissible
dHrtng The PreErsA. OF 6'li Through
The FgurENa % enactment; thRy are not
sublsrs TO The sane rule a. e.lla 70 ~
gard 70 Tho namoet OF Fsad'neA a
gIr@s Hamerr OF o,i'es sn'ho''1es are
Essra and some Of u'em are quoted
from a length.
On The question OF the nsht o. =
eoaFt 70 80 eshiad tl'e ento''cd o'H tne
snPpaeusenta peuuoa q"otes a. 'engtn
from the decision Of The IH'.ed stats
supreme eou't ~ Justice Harlan W .ne
case "t oe'd w. Claik. IN thAt dec's'on
Justice Harlan said; TIE signing "
the speaker Of The house OF representa-
tivcs and ~ the president OF the senate'
In opcu session, oil =" enro''eu o." v an
oaicsal aites'Ai'on ~ ''e Two hoasrA OF
! such bill a. one thai has passed eoHete..'
Ana ~hen = o'n'
, thus attsss"d, receives bis. .'ne pse. =.
! dsnisD approval ana - aepo.a'eu -
, The public aFch'vcs' !" au''en'cNe'O'
! as a bill that has passed e0neIe-'
! should be deemed complete ana n"'a''