The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1865-02-01


ing the whole subject OF the offer OF the
ballot, and its canvass, 10 Legislative dis
cretiOn. Il Is certainly competent for the
Legislature 10 prescribe the mode time.
and place OF the vote. and how and with
whom il shall be deposited Can We say
that the Legislature in making provision
for the emergency OF the soldiers voting.
has exceeded lis power, or come in conflict .
with a Constitutional restriction, when the 4
whole subjects lett 10 its discretion. We're .
the Legislature 70 make provision. that in 1
case OF the sickness. or other disability Of
an elector. the inspectors Of election might
convey the ballOt-oOX 10 him. and receive
his vote, could any one question the power
OF the Legislature 10 do this, or challenge
successfully the vote for this cause, 1.-THE
Legislature can do this, why cannot provi-
sion be made by il for the vote OF the sol
der. as has been done all Of whose rights
Of residence and citizenship have been care
fully preserved TO him by the Constitution
There is nothing in reason, or IN the nature
OF our political Institutions which should
or does prevent the soldier. who leaves
family. home and friends. and risks life
and limb for the preservation Of the integ-
rity OF the Government. IRON voting. or
which should or can disfranchise him lie
loses no residence by going into the field,
nor any civil right; why should be lose any
political right which be might have retain
Ell II be had only remained at home, and
which il is competent for the Legislature TO
preserve 10 him, And think the Le-isla-
ture has power 10 preserve his right 10 vote
as fully rs 10 save bis property from sale
under execution, while he is absent in the
field. ana 10 regulate the manner Of voting.
~ fsrI1 as ha r~.nffr
township or ward
But II IS said that this law originated
from an extraordinary emergency OF the
times, and was not contemplated by those
who adopted the Constitution, and is there
fore invalid. Admitting the premises, is the
conclusion correct. The Constitution was
framed for the very purpose OF adaptation
10 the progress OF the times, and 10 be a
general not special rule Of action and re-
stralnt. \ power not controlled OF with
held abides IN the people and the Legisla-
ture Is Omnipotent in such case.
! The tiexibllity Of the Constitution or the
United States, and its perfect adaptation
10 every emergency, Is a striking illustra-
/ ton Of this idea No argument, | there
/ fore think, can be urged against the val
idity OF this law, upon this ground. for the
/ Legislature remains and is made the sole
Judge OF the necessity and propriety OF ac-
ton upon the occurrence OF such emer-
| gency, and there is an obvious equity in
the law which should be regarded unless
the Constitution clearly intends 10 prevent
But let US consider this Constitution by an-
other test, which has been applied by
I counsel in the argument OF this question
The Constitution of 1885, which was sup
planted by the present one, contained per-
emptory prOhibitory words respecting vo-
ting except al a specially designated plaza
(See COnSt. Of 1885 and amendment Rer.
Stats. lS46) The trainers OF the present
Constitution omit tied this peremptOry pro-
hibitiOn. This must under any rule OF
construction, be considered as deliberately
and Intentionally done Why was there such
intention Obviously, to leave the subject
10 Legislative discretion az emergency
arose The peremptOry words Of the Old
Constitution were rejected, and the present
Constitution is confined 10 the subject OF
person al qualification. Can there remain any
doubt then, that the whole subject of the
place OF voting is within Legislative juris-
dictlOn
The first impression upon reading an in
strument, Is no guide 10 construction. II
! Is 10 avoid that impression, that interpre-
tatIOn or construction becomes necessary.
The great error, in considering the power
or the Legislature over this question. is in
assuming that the people in adopting the
Constitution OF 1850, assumed Legislative
power This is not so. The details or q
. Constitutional command or prohibition, are
left with the Legislature 10 be put into
shape, the Constitution only establishing
! general principles by which legislation shall
; be guided. The Legislature has exercised
T this power and 4 coordinate branch Of the
, Government cannot assume 10 question OF
? cOntrOvert il, unless the action of the Leg
lslature be obviously and plainly in oppOsi
ton 10 such Constitution. II we admit thC
power 10 cOnstrue the Constitution by i'm
plcatiOn, such implication is in this case a;
strong that the whole subject of time
place and manner Of voting, except thai
: in general elections, the vote shall be by
: ballot. Is as much cOndded TO Legislative
discretion as that prohibition is implied
against voting except in particular place
: or locality. That the Constitution may bt
construed by implication in special, doubt
Iul cases, | do not question, but who shall
cOnstrue il, when the act Of the law-mak
Ing power is questioned. and clear viola
llOu OF It's letter Is not manifest. l. Their
any provision in the Constitution which rec
} ognlZes in the judiciary superior acumen [,
that OF the Legislature in interpreter.
= words which have no technical signiica
. ton; and when the power OF the Legisla
ture 10 pass law is alone questioned
have not been able TO find such. nor 10 dig
cover any principle upon which aco-Ordinati
power can nulliiy the act Of another, ex
p cept upon clear. indisputable grounds. ad
hitting OF no inference or construction O
: law. A very different rule applies 70 III,
Interpretation OF the Constitution upon
= question involving legislative power, an,
the construction Of 4 legislative act, as i
q effects persons and personal rights. Fri
bunal Of co-equal power with another car
never assume superiority over one primarily
= invested with jurisdiction over the subiec
matter. In such case the latter is pre-em
= nent and supreme
= The impressions and intention Orthe PEG
pie, when adopting a Constitution. are onl,
10 be gathered from the language Of the in
= strument. That Ofthe convention framing /
is OF no value, for the People did not &C
= upon the opinions or intention Of that body
but upon individual construction OF the in
strument itself
| But again, in considering the language o
the present Constitution, which prescribe
az a qualification Of the voter, that he shall
have resided ten days in the township O
ward. in which he offers TO vote we mus
= remember, that when words have no tech
nical signiiication, and are susceptible 0
more than one meaning, either Of which i
accurate, and the language used dsplace
= some positive words OF former law. tn
: construction OF such language By the Leg
islature is as potent as our own. We can
not say that the Legislature is wrong; W.
must. therefore, say it il right as il IS thl
supreme law-making power 4 prohibition
p cannot be implied from words expressly De
signed 10 DO descriptive Of or qualifica
= ton upon a power or right, where Legisla
tive action is contemplated, and has beer
: exercised except in cases Of gross. sppa
rent error by that body; and then | holl
that when. in a revising Constitution word
in the old, embracing particular class O
cases, are omitted, this IS evidence of az
: intent to change the law See l PIX 4,
4 elm. 207-3l Nqine, 81.
Il is said and cOntenled. that the decis
ions and adjudicatiOns o. the courts OF other
States can have little or 10 authority viii
7 Us in determining the question submitted.
} 81