Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
On the 26th day of August, 1882, a pretended suit was brought in the
district court of Scott county by a brewing establishment owned and
operated by Koehler & Lange against a saloon keeper by the name of
Hill, in the city of Davenport, upon an account for beer sold by the
brewer to the saloon keeper, and the saloon keeper set up by way of
defense that he bought the beer and it was sold to him for the purpose
of being sold as a beverage and that the sale was unlawful and contrary
to the provisions of the amendment to the constitution. That this suit
was a mere conspiracy for the purpose of having the amendment to the
constitution declared void there can be no question. The judge of the
district court of Scott county was opposed to the amendment personally
and politically, as were also the attorneys that conducted these
proceedings. The principal answer of the saloon keeper was to set up
the constitutional amendment and the brewer replied stating that the
constitutional amendment was not legally adopted, especially because
the amendment had not been spread upon the journals of the house of
representatives of the eighteenth general assembly verbatim, but that
it had only been embraced in a certain joint resolution of the two
houses. The judgment of the district court was against the brewer for
the beer, and he took a pretended appeal therefrom to the supreme court
of the state. When the case reached the supreme court J. A. Harvey,
Esq., who had been an active man in the general assembly in favor of
the amendment, and who was also an avowed prohibitionist and friend of
the amendment, was employed by the Women's Temperance Union of the
state to appear in the case and argue the matter before the supreme
court, involving the legality of the amendment. The Women's Temperance
Union also employed Judge William E. Miller, an ex-judge of the supreme
court of our state, who prepared and filed in the case a printed
argument. I was at that time absorbed in my own private practice and
had a case on trial in the district court, and was unable to attend the
session of the court at which the case was argued. I had been very
active in the canvass pending the adoption of this amendment at the
popular election, and had spent much time in making speeches before the
people in its behalf. I had promised Mr. Harvey that if my other
professional engagements would admit of it I would assist him in the
oral argument before the supreme court. To my great surprise, and to
the surprise and consternation of the people of the state, the majority
of the judges of the supreme court decided that the amendment had not
been legally adopted, giving as their chief reason therefor the failure
of the eighteenth general assembly to have spread upon the house
journal a verbatim copy of the constitutional amendment at the time it
was adopted by that house. As soon as this decision was made known I
prepared and filed in the supreme court of the state a petition for a
Public-domain text, read in full here on John Shaqi.
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