Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-01-10

iHleHueu 10 De spread at length upon
the record, is the fact that this is the
only legitimate source from which the
people could be informed of what the
Legislature intends to ask the people
to vote upon. Neither the provision
OF the section of the constitution in
question nor any or all law creating
the procedure leading up to the sub
mission of such a question does not
even provide that the proposed amend
ment Shall be reduced to writing; or
an enrolled bill'' containing the
same; or that it should pass to one,
Two or three readings;or thatit should
be signed by the governor, but that it
might (may) be proposed in either
mouse, and eff agreed to by majority
OF the members elected to each of the
two houses" shall be entered on their
journals"
From the provisions of the law itself
this expression entered on their Jour
nails" could in no sense be construed
10 mean anything but what it so plain
~ expresses, i. e., to set forth in full,
as the law nowhere else provides for
Its preservation, and for the sole rea-
son that the world could know from
some land in this case the only auth
entlc source what the legislature ask
ed the people to amend. If this is not
true then the court asks with proprie-
W. Where could the enquirer go for
substantial information? Not to the
rolls; there is none provided for. Not
to the caption or title of the act, be-
cause the law makes no provision for
either caption or title.
Inc same law provides that such
| proposed amendment shall be "re-
ferred to the legislature to be chosen
at the next general election, and shall
pc published as provided by law for
three months previous to the time of
making such choice, etc.
Again we submit, if such proposed
amendment has not been preserved
IN an authentic and legal form by
entering 1t on the journal" how will
elther the incoming legislature or the
publisher or printer learn with truth
on what they are expected to act, or
what to publish. Surely, the member
elected to the house of representa-
yves OF the 18th general assembly
would be compelled to seek some 9TH
er channel of information than the
former records of their own house,
Just where the law provides thew
4 shall look. No member of the house
OF representatives in the 28th gener-
al assembly ever learned on what
/ ne was expected to pass his judg-
ment, on this issue without some 9th
er source OF information than his own
record, and in this case the house
membership must have taken the
will for the deed" shut their eyes at
what was going on or wandered about
the Hobbies inquiring of some one
more Informed than their own record
disclosed to them to know on what
they were to vote. The law can in
no wise tolerate or countenance such
a loose, rambling legislative proceed
/ ing to prevail, when change in the
4 fundamental law of the state is in
volved; if SO, then the boosted declar-
alton that is reserved to the people
that "all political power is inherent
in the people" becomes rope of sand
is but sounding brass and tinkling
cymbal."
Another step in the inquiry may be
well taken. At the convention in 1857
the published and authentic debates
preserved, inform us that the debate
over the adoption of Art. 10. that I'M
amendments, was as thoro and ex-
tensive as almost any subject pre-
scented. The records of that convent
ton. set forth over twenty-five pages
of argument produced and was indulg-
ed in by the most able members of that
distinguished convention, in consider,
ing and finally adopting this article.
The record of debates clearly show
hot Tho 1nr
construed this clause of Sec. / the
same as indicate herein.
The gifted orator, the able DICTATOR
and distinguished jurist from Alama.
kee, John 7. Clark, in the course of
4 said:
'These considerations led the COM
mittee to adopt as one part of the re-
port provision by which the 1egis-
/ lature might submit proposition for
any amendments which they might
consider it necessary to make in the
constitution, that they might just
draw up the form of the amendment
and have it entered upon their jour
nal, with the yeas and nays thereup-
on. Then there would be distinct
question or proposition laid before the
i voters or the state, upon which at
/ their next election of representatives
they would be called to vote upon, not
directly, but by their selection of rep
resentatives. They would know that
the amendment would again come be-
fore the legislature, and if they were
| in favor of the amendment they
would endeavor to elect a legislature
in favor OF it, or if opposed to it, to
elect legislature which should be op-
posed to it. Now, is there anything
wrong in this? Is there anything
wrong in principle in it? We do not
take the people by surprise. They
are not required to vote in hurry
The amendment is proposed at one
session of the legislature and pub
lished in the papers. Then it goes
over until another legislature is elect
ed, partly perhaps on that very issue,
and if the legislature again approve
it, after all this has been done, the
question is finally submitted to the
people for direct VOTE
In the same debate the Hon. D.. H.
Solomon, from Mills, equally a bril-
liant lawyer, in the course of debate
| said: