Saint Paul weekly Minnesotian. [volume] (Saint Paul, Minn.) 1858-1859, 1858-05-01
Are we to have a State Organization or
not on the LIST OF May9

submitted to the People for their approval or
rejection. ..-.-.
One of these, the $5,OO0O0O Loan to the
Railroads, was very generally voted upon.
The other, provided that, the people con-
senting, the term of each of the State eek
ecutve officers shall commence on taking the
oath of Office, on or after the first day of May
1885,"
Upon this last named amendment, it does
not appear that the people have very gen.
orally voted-in fact, that less than one half
those who voted for the loan amendment,
have voted at all on the one relative to the
State organization
This being the case, the question arises,
whether the amendment is ratified by the
people in the manner directed by section one
of article fourteen of the Constitution. We
quote part ofthat section ofthe Constitution,
which is in relation to the mode of submit
ting amendmen,s--as follows:
"And if it shall appear in manner to be
|
present and voting, shall have ratified such
alterations and amendments the same shall
be valid to all nntents and purposes, as part
of the Constitution. If two or more amend
ments shall be submitted at the same time,
1t shall be so regulate that the voters shall
vote for or against each separately"
Now we submit, that the intention Of
this clause of The section, was to negative
any amendment, unless a majority Of the vo-
tiers present at the election, should vote af-
firmatively in favor of each amendment -
The evident design was to prevent an altera-
ton of so important document as the fun
damental law of the land, through default
IN the people not voting from their ignorance
or want of proper knowledge on the sub
ject. The Wisconsin constitution has a
similar provision, and al amendment in favor
of negro suffrage, submitted a few years ago
fell dead simply because majority of those
"present and voting at the election did not
also vote to adopt it, though a majority OF
those who voted on that subject, certainly did
There is so much reason, why the construc
ton we offer should be the correct int .pre-
tation, that we think it is only necessary to
state the point to legal men, to secure their
acknowledgment of its tcnability.
But setting this construction aside for the
present, and assuming that majority of those
voting on tile subject, is all-suffic ent to make
this amendment an integral portion of our
State Constitution, let us then inquire how
we are to know that it is even thus far adop-
ted ty majority of those voting upon it,
| How are the votes to be returned ? BY
whom are they to be canvassed? In what
official form will the State officials obtain
the information that such a provision is rat
flied as feature of our State Constitution ?
These queries are answered by the second
section of the act of the late Session of the
Legislature, which submitted this amend
ment. The following is the section:
"Sec. 2. The proposed amendment shall
be submitted to the people of the several
| districts of this State, for their apprOva! or
rejection, on the 18th day of April, 1888
and said election shall be gouerned, and returns
thereof made IN Gccor7G zee ,ciM the PRESENT
LAW PERTAINING TO ELECTIoNsw
-"Said election shall be governed and the
returns thereof made, in accordance vih tie
present law pertaining to elections"
This is clear enough in pointing US to tho
present law" as regulating the return and
the canvass of votes but is not as clear as
it might have been, for" the present law
being the Territorial law, makes no partc.
ular provision respecting amendments to q
State Constitution
The blunder, however, is only another Of
the many instances presented by the progress
of events, from the assembling Of the Consti
tutional Convention down to this time, of the
utter incompctencY of the Democratic lead
ers of Minnesota to carry on the affairs Of
government in a sensible, straight forward
and correct manner.
But not to di.ress from our argument
the present lars, imperfect though they may
be, must guide us in the dilemma. The only
portion, however, of the statute laws which
can have ary application whatever to the
matter il, question, is tie thiriy-fitth section
of chapter 5, OH Election s. This wo copy
from page 81 Of the Revised Statutes, as fol!
lows:
SEC So. The Clerk of the board of Com
missioners Immediately after making the alb
stIacts of the votes given in his county shall
make a copy of each OF said abstracts and
transmit it by mail to the Secretary of the
Territory at the seat of government and il
shall be the duty of the Scy1tary ofthe Terri
to7y, with the Marshal of the Territ,rv, OF
his deputy, in presence OF the Governor, to
proceed within fry days alter election, and
sooner if ii! the returns be received, to can.
vass the votes given for Delegate to Congress
and the Governor shall grant Certificate OF
election TO the person having the hghes
nun Der Ct votes, and shall also issue q pro-
clanation declaring the election OF such per-
son.
This refers, it will be perceived 10 the re.
turns of the election for delegate to Congress-
and by somewhat uiolent construction. NAV
be held to include an amendment to q State
Constitution, which is voted for by the peo-
pie at large just as a delegate is.
Indeed if this thirty fifth section does not
apply, then there is no mode pointed out by
law either for making the returns, or can.
vassing them and the whole thing falls to
the ground, from this defect alone.
Admitting, however, for the sake of argu.
ment, that this section does apply to the
Election under consideration, there occurs
two or three other difficulties in the way OF
our State officers being sworn in, and enter
ing upon those official duties which they are
so anxious to discharge-entirely, of course,
for the sake of the suffering, bleeding country,
thoir 50 larioc Lc;,ae< C