Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-01-08

The trainers OF the constitution now
under consideration, still mindful of
the high purposes Of democratic form
|iof government. retain the same declar-
alton of the right of the people as de-
clared by the early founders of the fun
damental laws of the state, so much 80
as to retain the exact language former
ly employed, and it Is now section 2,
article I of the present constitution
Among the provisions of the present
constitution is the provision providing
for its amendment, article 10, section 2
of the present constitution, which pro-
vides:
Any amendment or amends
ments to this constitution may be
proposed in either house of the gen
eral assembly; and If the same shall
be agreed to by majority of the
members elected to each of the two
houses such proposed amendment
shall be entered on their journals,
with the yeas and nays taken there
on. and referred TO the legislature to
be chosen at the next general cleo
ton and shall be published as rro-
vided by law. for three months pre-
vous to making such choice and II,
in the general assembly so next
chosen as aforesaid such proposed
amendment or amendments shall be
agreed to by a majority of all the
members elected to each house, then
II shall be the duty of the general
assembly to submit such proposed
amendment or amendments to the
people in such manner and at such
time asqthe general assembly shall
provide; and If the people shall APP
prove and ratify such amendments
by a majority of the electors quali-
fed 10 vote for members of the gen
eral assembly, voting thereon, such
amendment or amendments SHALL
become a part of the constitution of
the state.
Section . of the same article pro-
v.des proceedings for the submission of
two or more amendments under like
rules as section l..
Section 8 of same article provides
that at the regular election held III
1870 and each tenth year thereafter, the
people shall declare at the general elec-
Istien, By their votes whether they de-
sire a1convention to revise the consfltu-
ton, and il SO that the next legislature
shall provide for election of delegates
for that purpose.
The first section is the one sought to
be followed in adopting the amendment
under confederation.
Judge Dewey then relates the various
steps taken by the leg Stature on the
Ircso'uticn to submit the proposed
amendment to the people. az shown by
the records of the legislative proceed
ings and continuing says,
II VIII be observed that nowhere ir,
the record Of this house proceedings
does the record disclose To- US the text
LOT the amendment proposed to be sub
mitted to the people except aa 1t is re-
ferred TO by title as coming from the
senate.
"on the issue Of the case our atfen-
ltion is, called to that part of the con
fstitutlon providing for its amendment
land contained in section 4, hereinbe-
fore quoted. and especially to the Lam
guage used. when it says, and if the
same Shall be agreed to by a majority
|of the members elected to each of the
two houses such proposed amendment
shall be entered in their journals. with
the yeas and nays taken thereon. etc.
To properly understand the meaning of
those terms 1t becomes necessary TO
return 70 some thoughts suggested in
the fore part Of this opinion.
The trainers of the constitution
under consideration realized fully. as
had their predecessors Who framed the
constitution of 1886, that the constitu-
8tion OF the state was the Inherent law
of the state. and all authority for its
passage. adoption or amendments must
remain With the people, and altho that
article provides for liberal action on the
part Of the legislature in framing and
passing laws feh. the government of the
specpls, yet there Was Withheld to the
people the absolute control of the con-
stituticn.
Ard altho laws might be passed by
the legislature that would be objection
able and even obnoxious TO the
people. yet no word or phrase
OF the constitution could be
disturbed, altered or amended without
their consent,
Section 3 of Article 10 gives the
psople an opportunity to express them
selves every ten years as to whether
or not they desire a revision of the
constitution. and this right is SO di-'
rectiy guaranteed that no authority.
either executive or legislative or Judi
cial shall or can interfere.
However. Section of Article 10
does confer on the legislature the right
TO propose amendments to the const IT,
tuition. but the high right to finally de-
termine whether any such proposed
amendment shah prevail rests with the
people, whose approval is necessary be-
fore the same can be declared a part OF
the organic law
With that right conferred the twen-
ty-sevef1th general assembly sought to
offer 10 the people an amendment
originating in the senate and known as
joint Resolution No. L and known as
joint resolution proposing to amend
the constitution so as to provide for
biennial elections. We find no com
plant as to the course taken by the
senate, andits records show full COM
pliance with the law and precedent pro-
vid!ng for such designed purpose.
1t might be suggested here. how
ever, that we find no authority ex-
pressed in the law for joint resolu-I
,tion. Nevertheless 1t appears to have
been resorted to by our legislators from
the inception of our state government,
ard we know of no session of the segis-
lature from the first in which this Gus
tom has not been indulgeya in. and may,
With propriety. be considered as .iegis-
lated into the law AS far as we are
advised 1t is the same course sought to-
be pursued in each and every effort to
amend the constitution since the adop-
tion of the original in 1857
THE record of the house fails in any