Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1913-05-29
TECHNICAL DEFECT
LIKELY TO KNOCK
OUT COSSoN LAW
Many Good Lawyers Say Meas
ure VIII Be Annulled On
First Test Of Defect Before
Supreme Court.

Des Moines, Ia, May est has been
discovered by the code commission that
1owa's famous Cosson law is technic-
ally unconstitutional because 1t did not
receive the signature OF Guy A. Feely,
Of Waterloo. speaker of the house when
the measure was enacted Some Of the
pest lawyers In Des Moines express the
opinion that the omission will result in
annulling the law the first time a ques-
ton Is raised before the supreme court
! as to its validity.
While the defect in the measure has
been known for some tune in inner
official circles it did not leak out to
the public until last night. The code
commission has been notified of the
SITUATION and must determine what ac-s
ton Will be taken. The members of the
commission decline to make any COM
ments at this time
The Cosson law has nation wide
reputation. 1t has been enforced in
Iowa four years. In that time few
prosecutions have been made. but its
packers say the CosSon law Is respon-
slble for clearing up the social evil
question In the larger cities of the
state. DisOrderly houses have been put
out OF business through the injunction
route. but it is only a few times that
the more stringent provisions of the
Cosson law have been brought into
play. The law has served its purpose
as a threat.
This slip makes the law technically
unconstitutional In Iowa the supreme
court In recent years has not been
called upon to settle the constitutional
1ty OF law that was not properly
signed. In other states this question
has been raised.
The tendency of the courts to over
look technicalities in laws is not so
prevalent In cases of this kind. If the
bars to one. provision of the constitu-
/ tion are dropped others can be dropped
with equal ease and the constitution
would soon exist in name only, it Is
claimed.
The faulty Endorsement was discov-
cred by stenographers working for the
code supplement commission. They
called the editors attention to the law.
He said the question was matter for
the commission and not for him to de-
eide.
George Cosson, author of the BILL has
known Of the missing signature for
some time. it is understood. He yes
terday was busy in the northern part Of
the state investigating some lake bed
cases. He could not be reached over
the long distance telephone.
John Fletcher, assistant attorney gem
eral, refused to comment on the effect
I the lack of one signature will have on
/ the Cosson law. Before he was advised
that the Coson law was the one. in
question he said the signature is re-
! quired by tho constitution and that
\ there is every possibility; grave trouble
would follow the finding of such an
omission on an important measure
d Guy A. Feely, speaker of the house in
I the 33d general assembly, made the
1 following formal statement of his con-
nection with the affair:
THE failure of the red light law to
receive my signature as speaker was
an unfortunate accident for which no
Zone can be fairly blamed. In the rush
gof business at the time large num-
her OF bills were placed on my desk
for my signature w1sle the house was
in session. Through oversight my sig
nature was not attached to the bill. and
the mistake was overlooked by the
clerks through whose hands it passed. :