The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-02-29


tered on the Journal, and sometimes of a re-
port accepted and not entered on the jour
nal.
IN order to save space weabridge the part
Of the report relating to the action Of the
legislature on these cases, as follows.
amendment /. Submitted by resolves of
March :, 1884, returns OF VOTES to be re-
turned to Secretary Of State 10 Be- lad 6eforr
Legislature, votes counted, report made, but
no resolve declantory Of the fact or procla-
nation or even publication was made there
Of, by the legislature, but the amendment
went into effect, and from that time to the
present the people have acted under it.
Amendment .. Submitted by resolves Of
March 80, 1887, returns to be made us be-
fore. In this case a declaratory resolve was
passed, declaring that the constitution " IS
amended" as follows, giving tho words of
the article amending, and concluding by
the words " that SAID amendment has become
a part OF the constitution
Amendment 3. Submitted by resolves of
March IL, 1899. They require the Secreta-
~ " TO lay all such returns before said leg
stature, with an abstract thereof, showing
the number and state Of the votes" The
return Of votes was ON the ~ an - 5un.,
1910. referred to joint committee, report
made in Senate Jan. ., 1910. In the senate
the report was accepted and entered on the
Journal. In the House il was accepted, but
was not entered on the Journal. There was
no other action in either branch. This was
the most important amendment Of the con-
stitution ever made, changing the tenure Of
the judicial office, vet here was no declarato-
~ rsolyc. The constitution was left to
mend itself in tho best way it could.
Amendment I. Resolves Of submission
passed April lG, 1871. The return ofyotes
was 10 he made TO the Secretary, and the
Governor and Council were " To count tho
same, and make returns thereof TO the legis-
lature, and If a majority Of the votes are in
favor of the amendments, they shall become
q part of demonstration. The votes were
counted Dec. 10. 1871, and return made TO
the legislature, and committed TO the judici-
ary committee, consisting of Philip Eastman,
John Otis and j. \. Barnard, OF the Sem
ate Mcdonald, Isaac Reed, of the House.
Their report, made January 10, 1912, was
adopted-thc concluding paragraph was in
thess words, "Thus il Nppearsby said report
of the council, that a majority of the inhab-
itants voting ON the question, last made rs
Aforesaid, are in favor of the amendment
proposed by said question, and that il be
camca part of the constitution Of the State. y
a resolve was reported in accordance with
that conclusion.
Amendment 5. Resolves adopted March
10, 1874.
They required the returns TO b counted
by the governor and council, ard return
thereof to BE- made to thenGxtlcgislature.-
The votes were counted Nov. l., 1914, and
the report Of the council being laid before
the legislature was referred TO the Judiciary
committee.
The report of the Committee concluded
thus
IL thereby appearing that majority Of
all tho votes given in and legally and con-
stitutionally returned were in favor of the
proposed amendment; and the proposed
amendment hGring herejy become part OF
the constitution Oftho State, your committee
ask leave to submit the following accompany
ing resolve:
This resolve states as in other cases and
that said amendment has become u part OF
the constitution" and the election of GER
tain officers by plurrlity y
Amendments, q, and ., relating 70 State
credit, resolves passed July 90, 1877, aud
Aug. ,, 1917, respectively.
Both resolves provided that the votes
should DO returned TO the secretary, and
counted hy the governor and council, land
a return thereof be made to the next lcgis-
laturu." The return of the state Of the
votes was made TO the legislature, and de-
cllratory resolve under date of July 90,
1873, was passed, including both amend
ments, in which is set forth that " 10 appears
from an examination Of hhs report Of the e.
ccuiigc council in relation TO the resolves,
&C., that majority of the people ia in fay-
or of adopting part of the amendment
proposed in the first resolve. Also in favor
of adopting part OF tho amendment pro-
posed in the second resolve" Then follows
recital of the amendment rs introduced in
10 the constitution, and tho conclusion isGs
in the case of every other declaratory re-
solve adopted by the legislature, that the
said amendment has become part Of the
constitution"
amendment 8. Resolves submitting amend
ment passed Aug. 81 1850, proposing ~
turn IN winter Sessions.
IL provided for return to the secretary,
counting by the governor and council, and
return Of the counting to the next leGisla-
ture---all which was done and ON the 30th
Of May, 1851, declantOry resolve was
passed, in which it set forth " that wher-
cas-, it appears upon GIdaiR0tOH OF the IT,
port Of the governor and council, in relation
to the returns of votes" &c; then follows
the amendment as made, by striking out
and inserting the words required, and the
conclusion is" and that said amendment
has become part Of tho constitution of the
State
The committee then say:
This exhibit Of the action of the Legisla-
ture in every antecedent instance of an
Of the constitution, makes il
that in the Judgment Of preoeding
the following propositions may
be considered as established;
lst. That in amending the constitution
no account ON the part Of the legislature,
to which the returns are made, is necessary
except to record the fact that q ma jOrity of
the pcoplc have voted to adopt the amend
ment. No other legislative action WIS had
in the case of the iirst and third amendments,
and we may well ask whether any one will
be- bold enough TO assert that these amend
ments have not become part OF the consti-
tuition. If 80, lac must maintain that there
has been no legal election in any city since
1884, and no constitutional Judiciary since
1870, and he must be prepared to treat the
pp~eut incumbents upon the supreme bench
as usurpeus.
81. That in all cases when the resolves
tho amendments required the
votes to be returned to the secretary, n
by the governor aud council. and
return 20 bc made thereof 10 the legislature,
our predecessors have been content to confine
within the sphere OF their duties
as pointed ont in the resolves. We have
seen no reason that should Induce depart-
urv from that practice in the present instance,
nor have the labOrcd Investigations Of the
committee bestowed upon the yuses produced