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-
re-hearing of the case. This re-hearing was granted. The Governor of
the state employed Senator James F. Wilson of Fairfield, and Hon. John
F. Duncombe, of Fort Dodge, to appear and make oral argument in behalf
of the amendment. I also appeared in the case at my own request and
upon my own motion and argued the case orally at Davenport on the final
hearing. Two of the judges of the supreme court; Judges Seevers and
Rothrock, were not friends of the amendment, and I think, in sentiment,
were opposed to it. Judge Day's action in the matter in agreeing with
Messrs. Seevers and Rothrock was a surprise to his friends, but I have
no doubt his decision was honestly made. I think this re-hearing might
possibly have resulted in a favorable opinion from a majority of the
court had it not been for the intemperate zeal of a portion of the
public press, particularly the Des Moines _Register_ edited by the
Clarksons in which the majority opinion of the supreme court was
denounced. The judges who constituted the majority of the court could
scarcely be expected to change their views and opinions under the
pressure of the brutal attacks that were made upon them through the
press. Judge Beck, the fourth judge of the court, had delivered a very
able dissenting opinion sustaining the constitutional amendment. That
the decision of the supreme court upon this question was radically
wrong, I have never entertained the least doubt in my own mind. The
supreme court in its majority opinion recognized the fact that the only
proper and legal evidence of the final action of the legislative body
in the enactment of its laws must be found in its enrolled bills, duly
certified by the presiding officers of the senate and house of
representatives respectively. The authorities were uniform, and no
court had ever before undertaken to examine the journals of a
legislative assembly for the purpose of contradicting and falsifying
the duly certified action of the legislature by its presiding officer.
Every bill that passes the general assembly of the state is duly
enrolled by the clerk elected for that purpose by the house in which
the bill originated. It is then supposed to be carefully examined by
the committee on enrolled bills and reported in open session of the
house, and is then presented by the clerk or secretary to the several
presiding officers in open session for their signatures, and thence in
the care of the proper committee on enrolled bills is presented to the
Governor for his approval. To go behind this official action of the two
branches of the legislature and undertake to examine and criticise the
action of the clerk in recording or failing to record any part of its
proceedings, by the courts of the state, is simply to destroy the
independence of the law-making power, and is nothing more or less than
usurpation on the part of a coördinate branch of the government. The
constitution of Iowa in its provisions in regard to an amendment of
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