Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-16
DISPUTE OVER BLUE SKY LAW
CAUSING WAoERs TO De
MADE AT STATE HOUSE.
MAJORITY CONFIDENT
ATTORNEY GENERAL - RIGHT
cosson Makes Strong Showing Against
Decision Of District Judge -vPeint
Has Never Been Passed Upon by
Iowa Supreme court-lntent Of Leg
isiators Plain.
pecial to Times-Republican.

special TO IlmeS.Republtcan
Des Moines. Aug. 16.-Wagers at the
state house are not easily made on the
outcome of the square conflict between
Judge Hugh Brennan and Attorney
General George Cosson They could
not have taken more nearly opposite
views on anything than they have as
to the effect of clerical errors in legis-
lative matters: AT the state house the
feeling is that Cosson has the best OF
the argument and is likely to have the
supreme court with him.
The attorney general presented the
issue very nicely in his opinion given
the secretary Of state on the blue sky
law middle. While the question was
not the same in both cases it was so
nearly the same the, blue sky case
could not be dealt with save by discus
sion Of the muddle on the bawdy house
injunction law. The essentials of the
attorney generals decision will repay
preservation for comparison when the
supreme court finishes on the case. He
wrote:
Question Never to High Court.
Il have carefully read the opinion
of Judge Brennan and l note he states
that in this state it is not permissible
to go behind the enrolled bill to de-
termine the validity of an act. and 1t
must be admitted that lang uase mag
be found in our supreme court dect-
sions to this effect, but the exact Ques-
ton presented here has never been
passed upon by our supreme court
Section II of article of the constitu-
ton of the state Of Iowa provides:
".No bill shall be passed unless by
the assent Of a majority Of all the
members elected to each branch of the
general assembly and the question up
on final passage shall be taken i'm
mediately upon its last reading and the
yeas and nays entered on the Journal
Majority Must Rule.
"In all legislative bodies, whether
operating under written or unwritten
constitutions. the very essence Of law
or rule Of action depends upon the pro-
posed measure receiving the assent Of
a majority of all the members entitled
to sit or at least a majority OF all those
present. This is not peculiar to any
state or any country or any legislative
body. 1t goes to the very essence or
representative government. In my
opinion it is vital and fundamental. l
am therefore of the opinion that 1T can
am therefore Of the opinion that 1t can
not be set aside upon any legal theory
that it is not permissible to go behind
an enrolled bill. To hold that the en-
rolled bill, or rather piece of paper
filed in the office of secretary of sta;e
and published In the official publica-
ton Of the legislative acts Of general
assembly, is final and conclusive. ana
that it is impossible to go behind the
same to determine its validity or any
part thereof. is to disregard the most
substantive provisions Of the consti-
tuion relating to legislative procedure.
1t would result in holding the acts. not
the intelligent, deliberate acts, but the
negligent acts Of one person. known as
the enrolling clerk, could have all the
force and effect Of any provision In the
law duly passed by majority vote of
both branches of the general assembly
and duly signed by the governor. To
state 1t differently, this would permit
a person to be deprived Of his property
and his liberty, and in this case actual
Imprisonment could be inflicted with
out the assent of single member OF
the general assembly. Such result
might be caused wholly by reason OF
the negligence Of one person known as
the enrolling clerk. Notwithstanding
the opinion Of Judge Brennan can not
believe that the supreme court Will an
nounce a rule of law so subverstve OF
the fundamental rights which have
been considered as part Of the in
alienable rights Of the English speak
ing people since the time Of the Mag
ma Charta. I am therefore of the
opinion that the enrolled bill should
govern in case Of doubt, but that where
it is clearly shown beyond all reason
able doubt by the legislative journals
that an act, or a part of an act. did
not pass both houses of the general as
sembly that the same ought not to
be enforced as law OF the state"