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-
that instrument selects, first, the two houses of the general assembly,
secondly, the executive of the state, and thirdly, the people of the
state, the source of all political power, and entrusts to them and them
alone the power to amend its organic law. This amendment originated
with and was carefully prepared by and approved by both branches of the
eighteenth general assembly, and subsequently by the nineteenth general
assembly, there can be no question; that it was then submitted to a
vote of the people, voted and approved by the people by a large
majority, was then proclaimed by the Governor of the state in his
proclamation as part of the organic law of the state, there was no
question, and I do not hesitate to say, after years of thought and
deliberation upon this matter, that the decision of the supreme court
of the state in the case of Koehler & Lange against Hill was simply
usurpation. During the pendency of this re-hearing and before the final
arguments in the case Mr. Hill, the saloon-keeper of Davenport,
attempted to defeat the re-hearing by asking the court to strike from
the files the petition for rehearing and denying the authority of the
attorneys who had filed the same to act in his name. The Governor of
the state, after the final disposition of the cause, appropriated $750
to the three principal counsel engaged in the re-hearing, and sent me
one-third of the amount; to-wit, $250 for my services in the matter.
The constitutional amendment thus attempted to be rendered null and
void by the opinion of the supreme court in the case of Koehler & Lange
against Hill was really only an amendment to the constitution enjoining
upon the legislature the duty of enacting a prohibitory liquor law, and
forbidding the enactment of any statute authorizing the license and
sale of intoxicating liquors as a beverage. The immediate effect of the
decision of the supreme court was to arouse the people of the state to
an assertion of their rights in regard to these matters; consequently
they elected a general assembly in the fall of 1883, a large majority
of whose members were pledged to give the people, by legislative
enactment, a law such as the constitutional amendment required, and in
pursuance of that purpose the twentieth general assembly enacted the
prohibitory law, chapter 143, page 146 of the laws of that session.
This law was popularly known as the Clark law, taking its name from the
fact that it was introduced into the senate by Senator Clark of Page
county. He was not, however, the author of the law, and was only
entitled to the credit of having introduced it as a member of the
senate.
Public-domain text, read in full here on John Shaqi.
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