The Meeker herald., 1901-08-10
In Favor of the Railroads.

UO-u1y euOuuAyJ IcuuoIeu ul0 ucCioiOu
In the case Of tho railroads against the
state board Of equalization to test the
validity of the revenue bill enacted by
the Thirteenth General Assembly. He
held that the revenue bill enacted BY
the general assembly was unconstitu-
tional, and that in fact 1t had never been
in effect but only the amendments as
by the conference committee.
The decision holds: First. that the
action Of the house of representatives
In placing the bill on final passage was
in violation of section %, article s Of
tho consultation, because said bill
carried with it substantial amendments
which had not been printed.
Second, that the action of the senate
in adopting the report of the conference
committee was constitutionally an
adoption only Of the amendment con-
tained therein and was not a final
passage Of the bill.
Third. that the bill being rendered in
operative by constitutional mandate,
the relators are entitled to the relief
prayed for.
The decision continues:
"Entertaining no doubt whatever Of
the correctness of these conclusions. l
deem 1t unnecessary to express any
opinion on the first objection urged
against the validity Of the statute.
However much this result is to be de-
plored it cannot be avoided. No pass
ing necessity, however urgent. can ever
justify clear infraction Of the funda-
mental law. In such a case to all argu-
ments based upon public convenience or
public policy the court can make but
one reply, what is written is written
1.-The distinguishing feature Of our
American system Of government is the
liberty of the individual. and 1t is just
as essential to protect the individual
from the oppression Of the many as it
is from the tyranny of the despot. To
this end constitutional government is
ordained, and under ths broad ahisid oe
the constitution. II Justice reigns in the
land, the hnmblest citizen may take
refuge and say, though I be alone yet
will not be afraid 1t is we'll for MS to
that the views and policies up
on which we are now divided are ephem-
eral but the constitution is permanent.
1t is we'll to remember that the majority
Of to-day may be the minority Of to-
morrow, that the statutes Of one session
may be swept from the books at the
next, and that those who now think
they are justified In constituting away
the constitution may shortly be implor-
ing its protection. Our interests as
of this policy or that policy
may pass away in night while we
sleep. Tho only interests that abide
with life are our interests as individual
citizens of the commonwealth. which
are sacred and guaranteed by the con-
stitution. 1t behooyes us. therefore, to
look upon the instrument not as dead
parchment to be hidden from view or
brought to light as the emergencies
which arise may demand, but as an ever
living, ever present supreme law, the
rigid enforcement Of which at all times
and under all circumstances Is essential
to our liberties and as individuals. The
writ is granted"
The specific objections urged against
the bill as summed up by Judge Dixon.
are:
"First-That the bill was passed after
the legislative session had terminated
by constitutional limitation in violation
Of section 8. article s.
"Second-That the bill as authenti-
Gated by the presiding officers Of the two
houses and signed by the governor was
never in fact passed by the senate.
"Third-That IL the bill passed the
general assembly, 1t carried with it sub
stantial amendments which had not
been printed, in violation of section 2,
article s."
The opinion covers forty pages Of
closely written copy, and took one and
one. half hours to read. Willard Teller