Evening journal., 1910-06-08
N. B. DANFORTH
Market and Second Sis.

not the legislative power, should be
supreme; and that safe and sound
public policy demanded that there
should be some means fixed by which
the legislative will could be ascer-
tanned, and some method provided by
which a wise and prudent constitu-
tional limitation could be enforced.
when the constitution provides that
no bill shall pass either house unless
the final vote shall be yeas and nays
and the names of the members voting
for and against the same shall be en-
tered on the journal, nor unless a ma
jority OF all the members elected to
such house shall concur; and further
expressly provides for the keeping Of
that journal and the publication of the
same Immediately after every session
Of the General Assembly. can there
be any doubt that the constitution
thus intends to provide and clearly
does provide. for the preservation. in
this form. Of the evidence to establish
whether that which may be represent
ed to have become a law did in fact
and is valid and binding statute7
| BY requiring the evidence to be entered
on the journal. and carefully providing
for its preservation, the trainers of the
constitution must have intended that
it should be regarded as the best ew-
dence to establish the fact of a bills
constitutional passage.
Our conclusion upon this branch OF
/ ~ l. Al. -.
tuition of a State contains a provision
that no bill shall pass unless the yeas
and nays are entered on the journal,
such provision is mandatory and not
directory. and must be enforced by the
courts. and when II appears by an in
! spection Of the journals that such
mandatory provision has not been
/ obeyed. or complied with. the courts
should not hesitate in declaring the act
| invalid. We are clearly Of the opinion
/ that the provision in the constitution
OF this Stae respecting the entry OF
the yeas and nays is OF such manda-
tory character, and that il is the duty
OF the court to declare that act in
question void If it clearly and satisfac-
torily appears from the journals that
such provision was not complied with
in the passage of the act in question"
Judge Woolley's Words.
Judge woolley. in the course Of the dis
sentng opinion said:
There is no provision in the constitu-
ton nor is there any statute In the laws
whereby clerks are required to keep their
minutes and publish their journals in a
manner that would show their correctness
or determine their authenticitl nor Is
there any check upon the clerks or upon
the persons printing the journals. TO pre-
vent mistakes made by the stupid or mis-
statements made by the dishonest After
the adjournment Of a session, a clerk Ia
/ tho sole custodian of his original memo
randa until after their publication, and Is
responsible to himself alone and by him
self alone he may make up. add 10, take
from. or otherwise change, alter OF amend
such a Journal as no will. The best OF
journals Is nothing more than an imper-
fectly indexed reproduction Of printed
forms hastily Allied IN by the clerk and by
such unofficial assistants as may volunteer
their aid in the hurry Of business ses-
sion Those with experience know. that for
a record that should be most certain. moth
ing could be more uncertain. II the val
idity Of every act published as a law is
70 be tested by an examination OF such
a history OF it's enactment as the clerks
may have written in the Journals. then
indeed there will be an amount OF litigs-
ton uncertainty and confusion appallinE
70 contemp' ate Considering the effect
rotrospectively, any law enacted since
1897. under which the people have lived
and upon the faith OF which the com
munity has acted. involving property
rights. the imprisonment Of those con-
yicted Of crime, municipal franchises, bond
issue, may be declared void Il research
disclose that the clerk OF either heuse
failed TO make accurate or sufficient jour
nal entries"
"The conclusion Of the minority Of tn.
court is that the trainers of the existing
constitution, having in view principles OF
public policy grounded on ancient and well
known rules Of law. intended no change
IN the method Of asserting and proclaim
lnE the validity of the laws OF this State.
and that under the provisions Of the ex-
isting constitution. an enrolled act. az
tested by the presiding officer OF the two
houses OF the General Assembly approved
by the Governor. and lodged in the Office
o fthe Secretary Of State Is the conclu-
sive proof Of the constitutional enactment
of a statute. and that an enrolled act 50
sttested and approved cannot be contra
dicted or impeached by legislative jour
mails. In conformity with this view is the
pronounced weight Of authority in those
jurisdictions that derive their jurispru-
dence from the common law, and that
have in their constitutions, provisions sim
liar either in language or in substance to
the provision in our constitution"
~