, 1902-02-19
BRAMEL'S DECISION
ON THE CONSTlTUTIONAlITY OF
THE STATE LAW AGAINST
GAMBLING.
Judge Held That the Approval of the
Governor Was Evidence That the
Enrolled Act Had Been Properly
Signed by the Speaker, and Alb
sence Of the Little Words Should
Not Invalida ate Law.

The Casper Tribune OF last week
gives All extended account OF the hand
ing down of an opinion by Judge Bran
FL, holding court in that county, up
holding the validity OF the laws passed
by the last Legislature. The Tribune
says:
In the district court now in session
in Casper the question Of the constitu-
%tionality of the jury law. enacted by
the last Legislature, was raised last
Saturday by Prosecuting Attorney But
Ter. Mr.. Butler said that two Of the
o important cases that had eve
been before the court OF Natrona u
ty were to come up and he desired
that the court decide upon the con
stitutionality of the new law before
the cases were to come up.
The reason for the doubt OF the va
lidity of the law was the omission
Of three words in the house journal
when the speaker announced that he
was about to sigh the enrolled act. The
three words missing in the journal
were he thereupon did, sign said bill
in the presence of the house.
Mr.. Butler cited numerous opinions
to show that the new jury law was not
valid because of the omission of three
words from the house journal, and he
also cited numerous decisions showing
that in other states where similar err
rors had occurred, that the enrolled
acts themselves, signed by the speak.
er of the house, the president of the
senate and the governor, and the bills
having been referred to the proper
committees and having been read sew
eral times and passed both houses by
| elected to both branches of the legis-
lature, was evidence that the law thus
enacted vas q valid law.
After Mr.. Butler had read the
GUS opinions, he made a splendid argu-
ment in support OF his motion, after
which the court reviewed the matter,
explaining that the silence of the jour
nal in this matter could not nullify
the law, after SO much evidence could
be produced by the house and senate
journals that the law had been regu-
larly passed. He said that h APPROX
al of the governor was evidence that
the enrolled act had been properly
signed by the speaker, and il the clerk
neglected to put in three words 1t did
not invalidate the law He therefore
decided the court now in session was
in accordance with the requirements
of the new law, and that the new jury
law. changing the terms of court in
Natrona county from May 10 July and
the November term to January, was
valid.
II the supreme court takes the same
view Of the matter as Judge Bramel
has, the anti-gambling law. which it
is claimed by some OF the Cheyenne
attorneys, is illegal, will stand, so far
as this point is concerned, but there
are several other defects in the pass
age of the bill, which, it is claimed,
will knock it out, i. e. The tiil was re-
ferred by the speaker OF the house, on
motion of Mr.. Plat OF Carbon county,
to the committee OF the whole. instead
Of to q standing committee. This, 1t is
said, is contrary to the constitution.
The other point to be raised is that
the trainers of the bill stated more
than one object in the title which is
contrary to the constitution.