The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1870-08-13

INC sePaTaVe ptOpOsltlOue was perhaps deemed
by the convention 80 improbable or 70 nearly
was not taken to provide for it in case Of it hap.
pening. From the standpoint that the propo-
sition "for the new constitution" and some OF
all of the separate propositions would certainly
be adopted, the schedule appears to be more
careful work. Yet, even from this standpoint,
one reading the schedule might be reminded OF
the remark of Tallyrand, that " Language was
furnished men to enable them to conceal their
ideas" Although the main body of the consti-
tuition is admirably we'll prepared, the schedule
was undoubtedly hastily prepared under strong
gested undoubtedly for that reason. The 12th
section of the schedule is mainly relied upon by
the Land owner, and it is contended with much
earnestnsss and force that it being expressly
provided in this section that if the proposti IN
u" For the Nem Constitution shall appear to have
been adopted, that then so much Of this cOnStttu.
ton as aoas not separately submitted to be roted on
By articles and sections shall be the supreme lao of
the State Of Illinois on and after Monday, tie Sh
Of august, 4. d., 1870, and that it being pro.
vided that said sections 0, III, II, 10, -, IA and
Is shall b part of the constitution of this
state" if it shall appear that they have received
. majority of the Votes, and that no other time
having been fixed, they became part of the old
constitution on the I'd of July, or when it ap-
pesred BY the canvas Of the votes, or by the dec.
laration Of the result Of the canvass that there
had been suoh . majority, and that they, ~ we'll
as the other separate propositions. except the
minority representation section, remained part
of tho old constitution from the time they 80 be-
came part Of 1t, till they were detached from it
and attached 10 tho neu one on August 9Th.
The opinion of the court is that il the PROPOSE
ton for the ,ae,o constitution was adopted that
all the separately submitted clauses articles aud
sections Chat in relation to minority representa-
ton lncluded) il also adopted, took effect as the
neao constitution in the place of the old one on
ly speaking, adopted on the "a of July.
Unless We consider the nep constitution as
adopted when it ioent into effect then by the 25th
section of the schedule the old constitution ceas-
ed on the I'd Of July, 1870, when the new con-
stitution and the articles and sections separately
submitted we're adopted, and tho new one, with
its separately submitted adopted parts, not TAX
ing effect till August g. 1870, the state was con-
stitutionless from July % to August sth.
The court is MT disposed to consider the itali-
cized words above, as operating under the maxim
that the expression of one thing excludes anoth.
or, to exclude the idea that the separate propo-
sitions should take effect at the time when the
proposition "for the ne,o constitution" should
take effect il adopted Tho expression WAS used
merely for convenience of description of the por.
ton OF the constitution embracing in the propo-
sition "for the 1e,s constitution" II this propo-
sition was carried, then the next proposition OF
the ticket, \ e. "for rhe section related TO rail-
roads in the article entitled corporations" il car.
ried also became part Of the ne,e constitution 80
adopted, and such should be the construction
given to the expression. "pIr Of the constitution
Of tbs state, whether used in relation to minority
representation, where it Of course means nei,
constitution, or in relation 70 any other of the
adopted separately submitted articles, sections
or clauses, thus becoming, by their adoption and
constitution" parts of one whole, and that whole
the new constitution, which took effec, August
8, 1870, 81 IAN
In the opinion of the court, therefore, the time
when the separately submitted adopted propo-
sition took effect. depends upon whether the pro.
position "for the new constitution is adopted or
rejected. II it be adopted then they take effect
as parts Of 4 and with it on August Sth. lire.
jected, tfen they became part of tho MID const
ton, and took effect as such July Cd, except
minority representation, which could not take
effect at all ~ part Of the old one. And the ex.
preston part Of tie constitution Of this state, -
means tho new one, it the new one is adopted,
and the old one il the new one is defeated. And
the new ono with all its adcisd parts, making an
harmonious whole, literally adopted on the "a
OF July, takes effect and becomes wholly adopt.
ed as the law of the land on said Sth of August,
at TIE same instant OF time the old one dies.
without the separately submitted parts ever hav.
ing been united to the latter in ertremis ss con.
tended for. Believing these views to be correct,
the count considers it to be its legal duty to ap.
point tho commissioners. If the views of the
land owner are correct, this action OF the
court 10 an utter nullity, and does not
harm him. II tho court enormously adopted the
opposite views, serious injury might be done 10
the railroad company.
After hearing the argument on the motion for
an injunction yesterday, Judge Leland overrul.
ed the motion aad dismissed the bill.