Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-07-26
KEEPING SECRET OF NEW
STATUTES RAISES INTER-
ESTlNG QUESTION:.
MAJORITY NEVER SAW
LIGHT OF PUBLICITY
Legal Lights Raise Question as to
Whether Unknown Laws May Be
Vioiated-Lawyers and Judges Some.
what Puzzled as to Extent Of Acts
Of Latest General Assembly.
Special to T,mes-Republican.


Des Moines, July 2s.-Are the general
laws of the state of Iowa in force and
effect at this time or are they IN cold
storage?
May a law be binding on the public,
or anybody, without actual or con-
structiye notice thereof. and without
publicityc
May law be adopted and be kept
secret indefinitely and still It pc an
offense TO violate it?
These are questions that are raised
properly by the peculiar situation with
regard TO the acts of the Thirty-sixth
general assembly. Most of this legis-
iation has, however, never received any
publicity, in any form. and IS in exist
ence only within q locked vault in the
state house.
In ancient days the lords Of Venice
caused to be published the laws they
made by the reading thereof from a
certain column near the center of the
famous bridge over the chief canal
The statute was read aloud that all
might hear Then it was binding on
all, whether they did hear or not So
also, IN Rome. DEGREES and statutes
were given publicity in Ike manner. In
every civilized country 1t has been the
invariable rule that statutes must be
given publicity IN some way. No law
of the United States goes into effect
prior To its publication. In all the
history OF statehood < has been pro
yided in Iowa, as elsewhere, that be-
fore a law becomes effective Il shall
be published. not that all persons will
read but that all may read and have
Three Ways Provided.
There were three ways provided for
the taking effect Of new Iaws-general
laws not until July following any
regular session, ninety days after a
special session, or by special publica-
ton at an earlier date. Though not
stated in so many words 1t is plain that
the provision that a law shall not go
into effect until July 4. following the
regular session, was meant to give
time for publication Of the acts. The
constitution does not provide the law
shall go into effect then, but that it
shall not go into effect sooner. thus
prohibiting the. legislature from hav-
ing a lay go into effect before time has
elapsed sufficient for publicity.
4 Each general assembly, from terri
torfal days down. has provided for pub
LEGATION in book form of its acts prior
to July 1 and distribution all over the
state before the laws are in effect, and
as a matter Of history this has always
been done.
But this year, for the first time, this
has not been done. The laws are not
published. The printer has printed
them. but they are not published. OF
many of these laws the only copies in
existence, aside from those on the
printed sheets stored in the state bind
cry, are the copies locked up in the
vault Of the secretary Of state. And as
20 some Of these laws. the plain fact
is that even when the supplemental
supplement is published still they VIII
not be included.
IT might be contended that the print
ing Of the original bills, taken together
With the printing in the journals Of
house and senate Of the amendments
are records. would constitute publ
cation. But these bills and journals
Ire printed only for the private in
formation of the legislators: and the
bound volumes Of journals are not yet
published.
Legal Lights Puzzled.
So what is the legal status Of acts