Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-12-06
Says Failure to Record on journal
Does Not Affect It.
BUT IDENTIFYING REFERENCE NEEDED
Senator Titus Cites Case In Point
Author of Biennial Election Amend.
ment Regrets the Error Made in Its
Passage.

AoCidIOl Nu. 1iIuS, vi
author of the Titus biennial election
bill, by the provisions of which cleo
tions are to be held biennially instead
of annually as at the present time,
thinks the failure to engross the meas
ure in full on the journal of the house
of representative is not a fatal de-
feet.
A few days ago the discovery was
made that the bill in full had not been
copied in the house journal. The law
EXPLICITLY says that this must be
done, and it is now thought by many
that the omission is fatal to the meas
ure. Senator Titus, however, is NOT
of this opinion, and gives his reasons
in the following interview:
How He Reasons.
"By careful perusal of the case of
hoehler VS.. Hill Goth Iowa 555, the
prohibitory amendment case, it will be
discovered that in the discussion as
to whether to enter means to substi-
tute or copy in full, the court said
that 1t was not essential to the deter.
mination of the case before them that
they decide that point and that ques-
tion was not decided. While Judge
Beck in his dissenting opinion gave
every possible cause and theory that
to enter means to copy in full and
cited "A instances of the code where
to enter does not mean to CODY in
full The editors of the last addition
OF the American Encyclopedia of Law,
vol. 6, page sos, in commenting on
Koehler VS.. Hill says that this ques-
ton was not decided On the other
hand the great weight of authority IS
in offering of the theory that the iden-
tifying reference is all that is neces-
sary.
Reference Sufficient.
In the oath Kansas, 700, Judge
Brewer, now on the bench, of the ST.
preme court of the United States, SAID
the weight of authority upholds the
proposition that this requirement is
sufficiently complied by and in the en-
tering in the journal of the identifying
reference to the amendment, and in
the information declaring this to be- q
special compliance he says, means
and errors which work no wrong to
substantiate right are to be disre.
garded.' 1t might be added that the
requirements of the constitution of she
state or Kansas as to amendments are
practically, the same as our state
Lawyers are doubtless misled as 10
what was decided in the Koehler VS.
Hill case by reading part of the syl
tables which enormously indicated
such a decision. BY careful examina.
ton of the authority and decision it
Will be seen that the theory of Judge
brewer is most generally accepted.
Regrets Error.
While no one more than myself
could wish that just the right wording
had been used and every step taken
that would have avoided every oues
ton arising whatever, yet | believe
that the amendment is substantially
identified in the house journal and
that all lawyers on investigation will
agree with me on this point. Now
that We are so close to biennial cleo.
tons, who in Iowa would have that re.
suit vetoed by technicality when the
great weight of authority is opposed
to such decision. l have conferred
with Attorney General Remley and At.
torney General-elect Mullan by
phone. Neither of these have inyes.
tigated the question nor given opinion,
as reported, adverse.
We are arranging to have this cues.
ticn passed upon by the supreme court
and viii secure decision Just as
quickly as possible"