Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1856-02-01


stitutien in force
This question is to be determined by
the provisions of the constitution, and
whatever action of the legislature, if
any, is necessary to carry these provisions
into effect, By Article X, section 4.
the following proceedings are necessary
before an amendment can be in force -
a. The Legislature, by vote of two
thirds of both Houses, must propose
the amendment '-i2.l resolution
must be passed. and sent TO the sever
al towns, of which the inhabitants may
have due notice, that they may give in
their votes Oh the question" which is
submittcd-[3.l and the question must,
in some way, be deiefmiasd whether "a
majority of the inhabitants voting on the
questions are in favor of such amend
ments. When these three provisions
have been complied with, the amend
ment if adopted is in force, and becomes
a part of the constitution.
In the case now under consideration
there is 10 controversy about the first, or
the second. But the constitution itself,
makes no provision for the manner in
which the third point is to be settled
1t is manifest that it was intended to
leave it to the legislature, whenever
! amendments should be proposed, to make
whatever provision might be thought best
to determine whether a majority of the
people voting were in favor Of them. To
whom, then, by the resolves OF March
18th, 1855. is this trust committed
Mues of the difference Of opinion, has
arisen, l doubt not, by giving to the
word appear" in the section above
named, meaning it was not intended to
convey. Its most common signihcatior
is-to become knoun, and therefore many
have supposed that by the provision
IF it shall appear that majority Of the
inhabitants voting on the question. are
in favor of such amendment, it shall be
come part of this constitution it
was designed that the fact must be an
nounced, -published-before the amend
mcnt should take effect.
This cannot be 50. Whatever this pro.
vision requires is essential to perfect the
amendment, and must precede 1t IN point
of time; while the publication of II must
| from its very nature. follow II, The
word. therefore, refers to the adjudica'
ton. BY whatever tribunal the resolve
authorizes to act. and It's determination
OF the question whether majority Of the
inhabitants voting on the question have
voted i'll favor of the amendment.
By examining the second resolve il
Will be seen that it was made the duty
of tine Governor and Council to de-
terminc this question. 1t is true. they
were required to make return OF their
doings to the legislature. 1t was neees-
sary that such official notice should be
given, because. by the last clause OF the
first resolve, it was made the duty of the
legislature, if the amendments should be
adopted, to make a declaration OF that
fact.
But there is no provision in the re-
solves requiring the legislature to exam
inc or count the returns. This was to
be done by the Governor and Council.
not as individuals, but in their official
capacity, representing therein the people
of the State. To them was committed
the trust of adjudicating and deciding
the question, upon the evidence to be
furnished by the returns, whether the
amendments had been adopted, and their
decision was to be final. And when they
had counted the returns, and decided
upon the vote. then ''it appeared that a
majority of the inhabitants voting on the
questions were in favor of the amend
ments,' and then the amendment be-
! came part of the constitution. Their
act was the act of the people, who were
bound to take notice Of it; and thence
forth their rights were to be determined
by it. Their return to the legislature,
and the action of that body thereupon,
were designed for other Objects and by
their action, or by their neglect, the va
lidity of the amendments can in no way
be affected
2. The amendments operating upon
the Office of Sheriff are two in number
In Article V, section s. the Governor has
hitherto been empowered to nominate,
and with the advice and consent of the
Council to appoint persons to fill vari-
Gus offices, among which was that of
sheriff. This, by the amendment, as
been stricken out."-The appointing
power for this Office no longer Is held by
the executive, except under the amend
ment, in which it is restricted to cases Of
vacancy occurring by death, resignation
or otherwise"
The other amendment operating upo n
this office is by adding the following sec
ton to Article *.
"Section 9. Sherifs shall be elected
by the people of their respective counties
by plurality OF votes given in on the
second Monday of September, and shall
hold their offices for two years from the
first day of January next after their cleo
ton
1t is obvious that by these provisions
the Executive now has no authority to
remove sheriff from his office by the
appointment of another in his stead.
3 What effect hare these amendments
upon the Sherits now in office ?
None whatever, except to limit the time