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CHAPTER VII
The earliest settlements in Iowa were universally
made in groves or along rivers or smaller streams, in the timber
belts which lined their banks. The native trees were indispensable
in those days for building the cabin to shelter the family, for
fencing the new farm for fuel and a score of other uses for which at
that period there was no substitute. The first consideration with
the early settler was to secure a large body of good timber and as
much prairie adjoining as would make a farm. As the prairie in the
vicinity of timber was usually more or less rolling, sometimes quite
rough, the first settlers as a rule did not secure the richest or
most productive farms.
In the early years there was little or no pine
fencing lumber and little money with which to purchase such costly
fencing had it been within reach. The first generation of pioneers
was almost universally insured to hard labor and considered it no
hardship to handle the axe and maul day after day through the winter
months, making rails for fencing their farms. It was slow and
tedious labor to fell the forest trees, chop them into rail-cuts and
split them into rails, to fence a forty or eighty acre field.
Nearly all of the pioneer farms were thus fenced in . But in later
years when thousands of immigrants poured into the new State,
attracted by the great fertile prairies, where a hundred and sixty
acre farm, all cleared for the breaking plow could be secured for
two hundred dollars, timber land was held by the early settlers at
high prices and the newcomers were compelled to find some substitute
for the old worm fences from seven to nine rails high. In order to
reduce expense various devices were invented - posts with three
rails nailed on, Osage orange and willow hedges were resorted to and
when the prairie farmers became the majority, they caused the laws
to be changed so that such fences were made lawful by a vote of the
people in the counties where the prairie farmers were strong enough
to control the elections. For several years these contests over
"hog tight" fences were waged with varying results and no little
bitterness. As railroads were built and pine lumber from the forest
regions of Minnesota, Wisconsin and Michigan became accessible, the
three rail or three board fences were made legal in most of the
counties. Even then the great expense of opening a farm was the
fencing and it was a burdensome tax on farmers of limited means who
made up the majority of the settlers. Smooth wire was tired but
made insecure fences.
The inventive genius of the people was stimulated to
devise cheap fencing. Several individuals in different parts of the
west began to experiment with constructing various kinds of barbs to
be attached to the wire to prevent animals from working through the
fences. A blacksmith and farmer in Scott County, by the name of
Samuel Freeman, built a wire fence on his farm near Hickory Grove in
1859, and was troubled with cattle getting through between the
wires. In 1861 his son, Pembroke E. Freeman, devised a barb which
he applied to the wire. This proved effective in stopping the
cattle and was doubtless the first application of barbed wire to
fences. No effort was made by Freeman to have his invention
patented but the fence was well known to his neighbors and attracted
attention from many farmers in the county. In 1867 a Mr. Hunt
devised a spur wheel to be attached to wire acting as a barb to
prevent cattle from getting through the fence. He secured a patent
for his device but it never came into use. A Mr. Glidden invented a
wire barb to be attached to fence wire in 1876, had it patented and
quite an amount of barbed wire was manufactured under this patent.
Other inventors were at work upon the barb device and gradually
considerable wire with barbs attached came into use.
In 1875 about eight tons of barb wire were sold.
Improvements were made form year to year and barbed fencing wire
began to come into quite common use on the prairies remote from
timber or pine lumber. When it was seen by shrewd observers that
barbed wire was likely to be so improved and perfected as to become
the popular fencing material of the country a "trust" was organized
by Washburn & Moen of Massachusetts and J. M. Elwood of Illinois,
for the purpose of buying up the best patents covering the most
valuable inventions and thus control the manufacture of the entire
product, close up all competing factories and fix the price of
barbed wire for the whole United States. This is believed to have
been one of the first of the "trusts" that have since grown into a
power so strong and arbitrary as to threaten to put an end to free
completion and close all small manufacturing concerns in the
country. This Washburn syndicate succeeded in purchasing several
patents on the various processes of barbing wire and also on various
machines used in the different processes. Thus fortified it began
suits in the United States Courts to prohibit other firms and
individuals from manufacturing barbed wire. One of these suits was
brought in the United States Circuit Court in Chicago where a
decision was obtained which, the syndicate claimed, gave it the
exclusive control of the manufacture of barbed fencing wire for the
entire country. Acting upon this assumption the syndicate succeeded
in organizing a "trust" consisting of forty factories in various
portions of the United States which were bound together by a secret
compact. Among the conditions of this compact were the following:
"First, plain wire to be purchased of
Washburn & Moen and Elwood; second, all factories to pay a royalty
to Washburn & Company on every pound of wire barbed and sold; third,
no wire to be sold direct to farmers or other consumers, but all
sales to be made to dealers at a price fixed by the syndicate;
forth, all dealers to sell to farmers at a price fixed by the
syndicate; fifth, all factories outside to the "trust" to be
prosecuted in the courts for infringement of patents and closed."
The "trust" proceeded to advance the price of fence
wire to farmers from seven to eight cents a pound to ten cents for
painted wire and eleven cents for galvanized wire. The farmers of
Iowa held a State Convention at Des Moines on the 2d of April, 1881,
and proceeded to form a "Protective Association" for the purpose of
resisting, by all legal means in their power, this extortion. The
methods proposed were first, to establish a free bared wire factory
at Des Moines, carried on independently of and in defiance of the
"trust"; second, to sell the product of the factory to all members
of the Association at as low a price as could be afforded. W. L.
Carpenter and John Given, who owned a factory, were employed to
manufacture the fencing wire and fill orders from members of the
Association. Wright and Cummins were employed as attorneys to
defend the Association in any legal proceedings instituted against
it by the Washburn syndicate.
Attempts were made repeatedly by the syndicate and
its attorneys to arrange terms of compromise with the Rangers'
Protective Association under which this factory would be closed and
the farmers purchase wire of the syndicate; but all propositions
which contemplated the closing of the factory and leaving the field
clear to the "trust", however plausible the promises, were rejected
by the Association. It had been organized to fight the powerful
combination, to furnish wire fencing to the farmers at a reasonable
price and to test in the courts the validity of the broad claim of
Washburn & Company of the exclusive right to manufacture barbed
wire. When plausible promises, followed by attempts at intimidation
failed, suits were instituted against the Association for
infringement of patents and to secure a mandate of some court to
close the free factory. The Association, through its attorneys and
officers, met the syndicate at every point of attack in the courts
and A. B. Cummins made a special study of the patent laws and
decisions and was fully prepared to meet every new assault. The
contest became one of national importance and was watched with
absorbing interest by all who were interested in free factories and
cheap fencing. While the legal battle was in progress attempts were
made to bribe the officers of the Association, the superintendent of
the free factory, the attorneys employed and the inventor of some of
the machinery used in the free factory. These attempts were only
partially successful. A large sum of money was used by the
syndicate in this way with very unsatisfactory results. One of the
patentees of machinery, employed by the Association, was bought out
at a large price and one of the prominent attorneys was alienated
from the Association but the free factory continued furnishing fence
wire to its members at prices fifty per cent, less than those fixed
by the syndicate. The chief attorney for the Association, A. B.
Cummins, the President, M. L. Devin, and the Superintendent of the
factory, W. L. Carpenter, were always true to the cause in which
they were engaged and none of the alluring inducements held out to
them by the Washburn combination could swerve them from their
fidelity to the cause in which they had enlisted. For more than
five years the contest continued. Intimidation, costly litigation
and large amounts of money were the weapons used by the syndicate in
the vain efforts to close, tie up or buy this free factory which was
demoralizing the powerful combination and compelling it to reduce
prices which the members were bound by a compact to maintain. A
number of the most important suits brought by the syndicate were
decided against its vital claims. The example of one free factory
defying all efforts of the syndicate in the end broke the
combination. Other factories were started independent of the
syndicate, prices became hopelessly demoralized and the monopoly
that at one time had seemed impregnable was losing its power.
the contest was of such importance to the farmers of
Iowa that the Legislature came to the aid of the Protective
Association. A joint resolution was passed urging the President of
teh United States to instruct the Attorney-General to bring an
action in the United States Courts to set aside the [patents and
reissues held by Washburn, Moen& Company, relating to barbed wire,
as far as they were fraudulent, to restrain such persons from
prosecuting actions under such patents and to take all steps and
proceedings just and equitable in relation thereto. An
appropriation of $5,000 was made by the General Assembly to aid the
Farmers' Protective Association in the contest. These acts of the
Legislature in supporting the farmers of Iowa in their conflict for
justice, enabled the Association to push the work to final victory.
The free factory began by selling direct to farmers
at seven and one-half cents. As their machinery was perfected, from
time to time, and expenses in other ways lessened, the price was
reduced to four and one-half and five and one- half cents. This
convinced all that the syndicate prices were beyond reason and it
soon became impossible to maintain them. It became evident that
unless the free factories could be closed or purchased that the
syndicate prices would be obliged to follow the prices fixed by the
farmers' factory. With State aid for the free factory and
syndicate saw that the battle was lost. Its compact with dealers
was soon broken, prices fell to the farmers' prices which left only
a reasonable profit and the victory was complete. The Association
had accomplished the purpose for which it was organized an the
factory was closed. Tis far reaching victory saved to the farmers
of the entire country a yearly tax the most enormous in magnitude of
any that had, up to that time, ever been levied by a combination of
capitalists. Among the men who organized and conducted this lengthy
and stubbornly contested fight against extortion, to final success,
should be named C. F. Clarkson, M. L. Devin and W. L. Carpenter of
Polk County, L. S. Coffin of Webster, G. H. Crosby of Poweshiek, J.
D. Whitman of Dallas, James Wilson of Tama, Andrew Hastie of Warren,
J. G. Brown of Marshall, John Scott of Story, J. W. Murphy of Jasper
and Eugene Secor of Winnebago.
In the Grange movement, which had brought the
legislative control of railroads, and the Farmers' Protective
Association, which had broken the monopoly on fencing wire, it was
clearly demonstrated that it was within the power of the united
efforts of the farmers of the State to bring about the overflow of
oppressive extortions however powerful and shrewdly organized.
On the 12th of January, 1881, representatives from
the various farm organizations of the State, such as Farmers' Clubs,
Granges and Alliances, assembled at Des Moines for the purpose of
uniting the various societies in a general organization for the
mutual cooperation. The State Alliance was established whose
purpose was the discussion of farmers' interests and the
encouragement of organization of Farmers' Clubs, Alliances and
societies throughout the State. The following officers were chosen
to serve one year: president, L. S. Coffin; vice-president, John
Scott; secretary, C. F. Clarkson. An executive committee was chosen
to prepare plans for local Alliances and to urge the farmers to
cooperate in their various organizations.
On the 5th of May, 1881, at Omaha, Nebraska,
occurred the death of ex-Governor Ansel Briggs, the first Governor
of the State of Iowa. Under the old Constitution the term of the
Governor was four years and Governor Briggs served from 1846 to
1850. Governor Gear issued a proclamation announcing his death in
which he paid a deserved tribute to the services and memory of the
first executive of Iowa after its admission into the Union.
Upon the inauguration of President Garfield on
the4th of March, 1881, ex-Governor Samuel J. Kirkwood of Iowa was
called to his Cabinet as Secretary of the Interior. This created a
vacancy in the United States Senate from Iowa and there was a
general desire expressed by the Republicans that Hon. James F.
Wilson should be appointed to the vacant seat. Governor Gear,
however, tendered the place to J. W. McDill, one of the railroad
commissioners, who accepted.
On the 2d of July, 1881, the country was horrified
by the news of the assassination of President Garfield at
Washington. As he was about to take a train, Charles Guiteau, a
disreputable lawyer from Chicago, who was regarded as partially
demented, walked up to the President and shot him twice with a
revolver. He made no effort to escape and was arrested. The
President lingered, suffered greatly, until the 19th of September
when he died. Vice-President Arthur was sworn in and became
President. The members of Garfield's Cabinet tendered their
resignations soon after and Kirkwood returned to private life,
having served as Secretary of the Interior but seven months.
On the 2d of June, 1881, the Greenback State
Convention assembled at Des Moines and nominated the following
candidates: for Governor, D. M. Clark; for Lieutenant-Governor, J.
M. Holland; Superintendent of Public Instruction, Adeline M. Swain;
Supreme Judge, W. W. Williamson. The resolutions adopted in
addition to affirming the platform of former conventions, declared:
"We demand a revision of our patent right laws, placing a fair
limit upon the royalties of inventors and protecting the people from
injustice." They also demanded equal political rights for men and
women. The nomination of Mrs. A. M. Swain of Fort Doge for
Superintendent of Public Instruction, by this convention, was a
notable event in the political history of the State. She was the
first woman placed in nomination for a State office by any political
party of Iowa. She was a woman of superior qualifications for the
position, an able writer on public affairs, was highly educated and
a teacher of great merit.
The Democratic State Convention was held at Des
Moines on the 16th of June and placed the following ticket in
nomination: for Governor, L. G. Kinne; Lieutenant-Governor, J. M.
Walker; Supreme Judge, H. B. Hendershott; Superintendent of Public
Instruction, W. H. Butler. No new declarations were made in the
resolutions.
The Republican State Convention was held at Des
Moines on the 27th of June, 1881, and the following nominations were
made; for Governor, Buren R. Sherman; Lieutenant-Governor, O. H.
Manning; Supreme Judge, Austin Adams; Superintendent of Public
Instruction, J. W. Akers. The convention declared in favor of a
revision of the patent laws such as would protect the people against
the wrongs and abuses practiced under the then existing system. It
also declared in favor of submitting to a vote of the people the
proposed amendment to the Constitution prohibiting the sale and
manufacture of intoxication liquors.
The election resulted in the success of the
Republican ticket by a plurality of about 31,000.
At a term of the United States Circuit Court held at
Omaha in 1881, Judge George W. McCrary, of Iowa, rendered an
important decision relating to the powers and obligations of
railroads which was of vast interest to the public and solved one of
the questions long in controversy. A suit was brought to restrain
the Iron Mountain Railroad Company from discriminating in rates
charged for transportation. the plaintiffs also sought to restrain
the railroad from discrimination against the Southern Express
Company in favor of itself or of other parties as to rates charged.
A temporary injunction had been obtained and, on a motion to
dissolve that injunction, Judge McCrary gave his decision. The
motion to dissolve was overruled and the injunction was modified so
as to enjoin and restrain the respondent from charging complainant
for transportation of express matte more than fair and reasonable
rates, such charges in no case to exceed the rates charged on
similar matter to itself or any other express company. The
following are the main points of the decision: "the railroad
company is a quasi-public corporation and bound by the laws
regulating the powers and duties of common carriers, persons and
property. it is the duty of such company as a public servant to
receive and carry goods for all persons alike, without injurious
discrimination as to rates or terms."
This decision confirmed a principle which the people
had long been contending for, viz: that railroads are public
carriers; that as such they are bound to carry all goods offered
them by any party at reasonable rates; that they have no right to
discriminate in favor of preferred patrons or against individuals or
corporations that patronize them. That in cases where extortion has
been practiced they may be compelled to disgorge. Judge McCrary
went still farther and declared the power of the court to fix a
maximum rate where no such rate is fixed by law. This was a
decision that deeply interested the farmers and shippers of the
West, where unjust discriminations had long been practiced in favor
of persons and business houses who enjoyed the advantage of having
special rates for transportation secretly granted them by railroad
officials.
In 1881 there was living on the east side of the Des
Moines River in Boone County, near the track of the Northwestern
Railway, in a little cabin, the widow of a Mr. Shelly who had been
killed in a railroad accident. Her eldest daughter Kate was about
fifteen years of age. On the night of the 6th of July, a terrific
storm of wind and rain swept over that region. Honey Creek,
ordinarily a small stream coming from the prairie south and west of
the town of Boone, winds its way through the forest in a westerly
direction emptying into the Des Moines not far from the railroad
bridge which was first built across the river near the coal town of
Moingona. The banks of the river here rise to a great height. The
grade of the railroad, down the valley of Honey Creek, descends
rapidly and not far from the Shelly cabin the track crosses the
creek on a bridge of considerable elevation. On this wild night the
Shelly family was aroused from their sleep by the roaring torrent of
Honey Creek which was rushing by the cabin with the force and volume
of a small river, uprooting great trees along its banks and bearing
towards the river huge masses of flood wood. Upon striking a light
they saw that it was time for a freight train to pass. Suddenly
they heard the rumble of the train and then a fearful crash of
timbers and a wild cry for help. They realized at once that the
train had gone down into the flood with the wreck of the bridge
spanning the creek near the cabin. Lighting a lantern Kate started
in the direction of the bridge with the fierce storm beating in her
face. The darkness was so great that she could see nothing, but
guided by the noise of the roaring torrent she reached the bridge.
Where the flood was roaring by, she soon discovered the wreck of
the train which had gone down with the bridge, and heard the shout
of the engineer who was clinging to the limb of a projecting tree
which had been partly uprooted by the flood. He was the only
survivor and on the opposite side of the creek where it was
impossible for Kate to cross to his aid but he assured her that he
was out of danger. Both knew that the night express from the west
would soon be due and realized the terrible fate that awaited it,
unless warned of the fallen bridge. The engineer could not cross
the raging flood to go on this mission and so brave Kate Shelly
hesitated not a moment but turned her face towards the river. The
fierce wind and driving rain beat in her face and nearly carried her
off her feet. The lantern was soon extinguished. It was a mile
through the dense forest to the river with a long, high railroad
bridge to cross before she could reach the Moingona telegraph office
where warning could be sent to the approaching train. Hurrying on
with all the strength she could summon, she at last reached the
railroad bridge four hundred feet in length and fifty feet above the
river. The tempest was now at its worst; there was no floor on the
bridge, the rails resting on the crossties. It was impossible for
the girl to stand at that height against the fierce gale that swept
over it and on her hands and knees with the wild gale beating in her
face she slowly made her way over the ties until the farther shore
was reached. Lacerated and exhausted as she was, sufficient
strength remained to enable her to reach the telegraph office, half
a mile farther and give the alarm. Almost overcome by the
unparalleled exertions, she had scarcely strength to rouse the agent
and tell him of the impending danger before she sank helpless and
fainting. Instantly a message flashed over the wire carrying
warning to the approaching train which was fortunately reached
barely in time to avert a greater horror than has ever yet overtaken
an Iowa railroad. As the train halted at the little station, the
last before the wrecked bridge, the passengers learning of the
narrow escape from destruction hastily gathered about the brave
little Irish girl attempting to express some measure of their
gratitude to her for saving them from a fate too awful to
contemplate. As her heroic deed became known through the press the
story of that fearful night adventure was told in every portion of
the country and the name of Kate Shelly became as widely known as
that of any famous women of modern times. The Northwestern Railroad
made her a small gift in acknowledgment of the deed. The Iowa
Legislature at the session in 1882, made an appropriate recognition
of the noble action of the obscure little heroine, by authorizing
the Senator and Representative from Boone County, together with the
Governor of the State, to procure and present to the brave girl a
gold metal with an inscription commemorating the act, with two
hundred dollars in money. The Legislature also placed on record a
vote of thanks for her heroic and humane deed.*
*The great new bridge built by the
Northwestern Railway in 1901, across the Des Moines River, near the
home of Kate Shelly, has been named in her honor.
The Nineteenth General Assembly met at Des Moines on
the 9th of January, 1882, and the House was organized by the
election of George R. Struble, Speaker. After the inauguration of
Buren R. Sherman as Governor and O. H. Manning, Lieutenant-Governor,
the inaugural address was delivered and Lieutenant-Governor Manning
assumed his position as President of the Senate.
On the 17th James F. Wilson was chosen United States
Senator for a full term of six years from the 4th of March, 1883,
and J. W. McDill was elected to fill the vacancy occasioned by the
resignation of Senator Kirkwood. The votes of the Democratic
members of the Legislature were given to L. G. Kinne for the long
term Senator and to M. M. Ham for the short term; while the
Greenback members voted for D. P. Stubbs for the long term and
Daniel Campbell for the short term.
But little legislation of general public interest
was enacted during the session. The most important measure
considered was a bill introduced into the House to prohibit the
issuing of free passes by railroad companies to public officials or
delegates to political conventions. The bill also made it unlawful
for such officials or delegates to accept such free passes on
railroads. Suitable penalties were provided for violation of the
act. The bill was framed and introduced by Charles Aldrich, the
representative from Hamilton County and earnestly advocated by him
on the floor of the House. The issuing of free passes by railway
officials to public officers had grown into a dangerous evil in the
influence such valuable favors were likely to have upon such
officials as were called upon, in the discharge of their duties, to
act upon measures in which these corporations were interested
parties. These gifts were bestowed upon such officials in order to
place them under obligation to the corporations. The bill
encountered most determined opposition as all of the legislators
were recipients of these free passes. The discussion extended
throughout the State, among the people and in the press. There was
a strong public sentiment aroused against the practice but the
favors were so liberally extended and the evil so strongly
entrenched in the lawmaking powers that the bill was defeated.
Another important which met a similar fate was a
bill prepared and introduced into the Senate by Pliny Nichols of
Muscatine County. It provided for the establishment of a Department
of Agriculture and Industrial Arts whose object was to provide a
department of State which should be under competent direction to
promote the agricultural and industrial interests of Iowa.
Under the census of 1880, Iowa was entitled to
eleven representatives in Congress and the Legislature therefore
apportioned the State into eleven Congressional Districts at this
session.
After a spirited contest to both branches, a joint
resolution was finally passed proposing an amendment to the State
Constitution granting suffrage to women.
A joint resolution was passed agreeing to the
proposed amendment to the Constitution of the last General Assembly,
prohibiting the sale and manufacture of intoxicating liquors. An
act was passed providing for the holding of a special election on
the 27th of June, 1882, to enable the voters of the State to cast
their ballots for or against the proposed constitutional amendment.
At this election there were 155,436 votes cast for the amendment
and 125,677 against it, whereupon Governor Sherman issued his
proclamation declaring the amendment adopted by a majority of 29,759
and therefore a valid part of the Constitution of the State of Iowa.
The friends of prohibition held a convention at Des
Moines on the 27th of July for the purpose of taking such steps as
were practicable for the enforcement of the prohibitory laws and to
secure the election of members of the next Legislature who should
provide such additional legislation as would be deemed necessary to
fully enforce the decision of the people in favor of prohibition.
An address was issued to the saloon keepers and liquor dealers of
the State urging them to discontinue a business that had been
outlawed by a vote of the people and by the laws and Constitution of
the State.
But the liquor dealers had no intention of
abandoning the fight. A case was made up in Scott County to test in
the courts the validity of the late constitutional amendment.
Koehler & Lange, brewers, brought suit before Judge Walter I. Hayes
at the October term of the District Court, for the collection of a
bill for beer sold to John Hill, a saloon keeper in Davenport. All
of the parties, as well as the attorneys, were known to be
unfriendly to the prohibitory laws and the suit attracted little
attention. But when the arguments were submitted the friends of
prohibition saw that a powerful effort was being made before the
unfriendly court to overthrow the amendment to the Constitution.
The position taken by the counsel for the plaintiff was, that the
amendment had not been passed by the Eighteenth and nineteenth
General Assemblies in the manner prescribed by the Constitution and
consequently was invalid. Judge Hayes held that the amendment was
not legally enacted and was therefore not a part of the
Constitution. The friends of prohibition were now thoroughly
aroused to the danger and employed Judge W. E. Miller to appear in
the case which had been appealed to the Supreme Court. Governor
Sherman directed Attorney-General McPherson to appear for the State
and in December the case was heard by the Supreme Court. J. C.
Bills and Wright, Cummins & Wright appeared as the attorneys
attacking the validity of the amendment. On the 18th of January,
1883, the Court rendered its decision and to the great surprise of
the public affirmed the decision of Judge Hayes, declaring the
amendment invalid.
The majority of the Court based the decision on the
following facts: the amendment proposed to the Constitution,, which
passed each house of the Eighteenth and Nineteenth General
Assemblies, was in the following language:
"No person shall hereafter manufacture for
sale, or sell, or keep for sale as a beverage any intoxicating
liquor whatever, including ale, wine and beer."
It was found upon examination of the journals of the
houses that in the House of Representatives of the Eighteenth
General Assembly the words "or to be used" were inserted after the
word beverage and those words did not appear in the record made of
the proposed amendment as copied in the other journals: that
therefore a different resolution had been adopted by that House from
the one shown in the other journals.
The Court held that the journals must show that the
House and Senate of both General Assemblies had voted upon the same
identical resolution in form and words; and that the journals of the
House and Senate of the Eighteenth General Assembly, as they
appeared were the only competent evidence to prove what was adopted
by these bodies in legal session. The journals of the Eighteenth
General Assembly showed affirmatively that the Senate and House did
not adopt the same resolution. No other evidence of what they did
do was competent. Therefore the amendment was void.
Judge Beck dissented from the decision in an able
opinion, in which he says:
"Under the practice of the General Assembly
of the State all acts and joint resolutions are enrolled and signed
by the presiding officer of each house and by the Governor. They
are then deposited with the Secretary of State and become the
original and authoritative acts of the General Assembly. This
enrollment is the record of the final action of the legislative
department of the government in making laws and of the Governor in
approving them. * * * * it is the authoritative and conclusive
expression of legislative will and is a verity. Whatever may be
found in the prior proceedings inconsistent therewith, cannot
invalidate the enrolled act."
Judge Beck showed that the Supreme Court of Iowa had
in prior decisions held this view, (Duncombe vs. Prindle, 12th Iowa,
and Clare vs. the State, 5th Iowa) and in this last case it was
declared that "behind the enrolled act it was impossible for any
court to go for the purpose of ascertaining what the law is." Judge
Beck was sustained in his views by the decisions of the Supreme
Courts of twelve States while the majority of the Court was
sustained by the courts of but two States. Much and deserved
criticism was passed upon the judges who thus, on a purely technical
point where a large majority of the decisions were against their
view, set aside the overwhelming decree of the people twice made by
their legislative enactments and endorsed in an election which left
no doubt of their will.
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