Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1903-06-11
Two Theories Of Legislation.

Two Theories Of Legislation.
Judge Carpenter of Colorado has in Il
recent decision fatty negatived the con-
tention that court having the validity
of legislative act before it may not in
quire whether it was passed in accord
ance with constitutional requirements
Otherwise he declares oppressive laws
may be imposed upon our people with
out any remedy.
The Supreme Court of. Pennsylvania
in case of Kilgore vs. McGee held the
opposite, though not without misgiving,
as the record shows. Between the two
opposing theories the people will have
no difficulty in seeing that the Colorado
decision establishes check on legisla
tive fraud and irregularity. The Penn
sylvania judicial theory refuses any
remedy The Constitution of Pennsyl-
vania, like all American constitutions,
deemed it vitality necessary that all leg
islative proceedings shall be conducted
| under certain limitations, for the as
surance of fairness, deliberation and
common honesty. But the Pennsylvania
ruling lays down the principle that these
constitutional requirements can be null
| lifted with impunity if false certificate
is obtainable that they have been re-
spected.
1t has not before this year been as
serted that the Governor acting as
part of the law-making power may net
withhold his approval of bill which
| he knows to have been unconstitution-
ally passed. The joint effect of the ju-
dicial and Gubernatorial holdings is to
give notice to INSCRIPTIONS legislators
that if they can get bill through the
| two houses without majority vote. or
without the readings required by the
Constitution, their fraud will be sue
| cessful. By this view the presiding Off
| GERS and clerks of the Legislature are
the real lawmakers.
This is one of the gravest questions
raised in our State politics 1t affects
the integrity Of representative legisla-
ton. Nor is it any merely abstract is
sue. A Harrisburg paper has declared
itself ready to prove that bills were
passed in the last session by the device
of one member answering for, and vot-
| ing in, the names of members who were
/ hoe foI tho
| challenge. A veteran legislator in a
hearing before the Governor referred to
the practice of 'clerking" bills through
| the Legislature The testimony in a
noted political case involving legislative
practices in 1901 leaves no doubt as to
the possibility of placing enactments on
the statute book by fraud.
Of course, the people have one rem
edy left. The dcty is the more impera
lively laid on them to elect members of
the Legislature who will neither engage
| in such frauds themselves nor permit
others to carry them out. But the rec
ognition of that duty does not lessen
the popularity of the doctrine that if
dishonest men secure fraudulent enact
ment of laws the form of certification
is more important than the fact of the
fraud. .-Pittsburg Dispatch.
News Notes.
Four New Kensirgton boys were
drowned in the river, Tuesday.
The village of Black Walnut, along the
Missouri River, was surrounded by
water, last Saturday. Two hundred
people were prisoners until steamer
arrived from st. Louis.
The woods of Maine, Northern New
York and New Jersey were burning,
last week, and all the coast cities, in
cluding Boston, New York and Phila-
delphia, were enveloped in smoke.
Part of ST. Louis was under water
| this week; the water in the channel of
the Mississippi was about forty feet
deep; the Union station in East st.
Louis was temporarily abandoned, no
trains crossed the bridges. twenty lives
| were lost ard the property loss was es-
timated in the millions; $4,000 people
| were homeless and 200, 900 acres of farm
| land was covered.
A cold-blooded member of the Mich
| igan Legislature has introduced bill
into the State Assembly, which provides
| for the killing of all feeble-minded and
deformed children who are regarded as
hopeless cases. The name of this heart
less representative of the people is Rod
gers and he halls from Muskegon. This
gentleman excuses his measure upon
unitarian grounds and backs it up with
the plea that humanitarian interests de-
mand the removal of children whose
minds are such as to render them bur-
den to society and incapable of happi
ness for themselves. The bill is based
upon the report from the superintend
ent of the State asylum to the effect
that many of the inmates do not pos
sess, nor ever will have, mind enough
to know that they are alive.
Birthday Surprise.
On June end. which was the 55th
birthday of s. N. Harvey, highly re-
twp. Butler Co. who had gone ont as
usual to perform his days work. for he
is man noted for his industriousuess.
when to his surprise the friends and
peighbors came driving in and began to
prepare tables in the barn. which was a
very suitable one for the occasion.
and when the tables were ready the
ladies filled them with the most sump-
tuous food, and two hours later when
almost two hundred felt as though each
and every one had done justice for
once. After which the Presbyterian
Minister. O. J. Hutchison. made some
very pleasing remarks. The meeting
was then called and Mr.. John c. Norris
was appointed president and L. S.
Lardin. sec. An address was made
followed by instrumental music also
vocal music by the young ladies and
Mr.. Elridge Harvey and Mr.. w. C.
Gibson, aud the day passed quickly by
and each and every one thanked Mr.
Harvey and his wife for their kindness
and the good time, hoping they both
may live to enjoy many more such oc-