The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-08-09

pet the QUESTION into the cOorts 4 contest
would hsve 70 Be msde in some Other
uusr,sY aod il the question were carried
I 10 the Supreme Cont Of Appeals. !At We
| do 10, believe i; ever would be We DO
pH think The cOor1 EoaId md sufficient
ground u irrsGda,e the amsDdmeut-
Such DECISION could not b had till long
afer Legislature and State uckei eject
ID under the amendment had ben install
I'd An adverse decision then would Gre
ate grsre legAl complications md popular
disooUsenu The 0nIy gEUr1d 6n.ivhich
s1ch de5-isiOa codld Te9t would be, that
the Constitutional direction that the
amendment be published al least three
months before the election isupposing Il
% mean three Successive mO0ihs next be.
fore 10 one newspaper in every County
where one h published, had Dot been lit
orally complied with, 50 far that two
weeks Of such publication had been
omitted. A decision Affirming this ground
would necessarily affirm that the text
Of this directory provision must be
exactly and technically complied with.
What E0uh be The eject: Such q de.
cision would make it easy 70 deteAI any
amendment that might be proposed The
officer entrusted with the publication
cocld wiEfully neglect it till TOO lzte o.
it would Be in the power Of a single news
paper 70 defeat any amendment it chose,
Por example, the Wetzel IHdepEndent
might decline 10 publish ii. What would
be the remedy A newspaper Is the
property Of it's owner, and It Is his right
TO publiSh o. refuse TO publish an adra:
tiaement Is, he may choose. HI single
newspaper, In any county where there Il
but one, refuSedto publisher indeed il
any one entrusted with the publication
tailed through accident O. neglect begin
in time-sn amendment, no matter how
important OF necessary, or how universal
" demanded by the people, would be lost
This would be the logical and ineVita-
bic sequence d such decision IS referred
TO- We take it the court would NOT re.
quire literal, technical Observance, bui
would base is decision On the reason d
The law, the law itself being the petfec.
ton Of reason. The intention Of the Con.
stmfion is that the people shall be fnlly
advised what the proposition Is before
eIecting Legislature that is " pass sPon
it II due and general information Of this
hSI not been disscminAted-if the people
voted Tor Legislature without being in
fonned5any considerable number Of them
who would have been informed by the
three months advertiaingl what prOposi'
ton the Legislature would pass upon fG
an Amendment 70 the Constitution. thai
being satisfactorily shown would seem G
aaord goJd reason for On ldvetsedecisiOh
De g.
Bu, nobody win pretend that any such
reason exists in the present case. The
people hrougbOtt the State Gre!eyEfy'
where familiar With the terms Of this
Amendment TIE publications and DIS
cussi0ns Of it in the papers have given it
far greater publicity than it could posi-
big have obtained hstl 1t been confined To
mere advertising publication for four
times the period required. ~ 'rt
| The constitutional provision is precau'
tionary; and it is well that precautions he
Observed; but where the object Of the
preeaution has been fully accomplished #
ought not to be defeated by the accidental
omission Of a small portion Of the I'm this
case unnecessary pFecaution. Nor are
we prepared 70 admit that this Amend
mens viii be deteated By cur courts upon
any such ground; and unleas i were
having been ratified by the people and
proclaimed by the Governor, who would
dispute it, authority, or wba. p1wer could
successfully do -: