The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1872-09-26
The New West Virginia Constitution.

line new state CONSTITUTION WHICH mas just
been adopted in West Virginia by the popular
vote is very sensible instrument, containing
some provisions which it is to be hoped may
as fast as we have conventions to amend and
revise Among other things il is declared that
'sthe provisions of the Constitution of the
United States and of this State are operative
alike in a period of war as in time of peace,
and any departure therefrom or violation there
of, under the plea of necessity or any other
plea, is subversive of good government and
tends to anarchy and despotism" sound,
golden, business-like sense. The detestable sys-
tenn of test-oaths, requiring persons as pre-
requisite to the enjoyment of their civil and
political rights to purge themselves by their
own oaths of past alleged Offences" is most
properly denounced and, SO far as the State
jurisdiction reaches, utterly prohibited. Under
the. head of eligibility to office are provisions
declaring that "no person who is n salaried
officer of any railroad company" shall occupy
seat in the Legislature, and that no other
person shall be eligible to such position until
he shall have taken and subscribed q stringent
oath to the effect that he will accept no bribe
for his official action-the allurcments held out
by corporations being particularly aimed at in
the section. Still further 10 meet the growing
audacity of corporations, it is provided that
the Legislature first in session under this new
Constitution shall provide by law for the pun
ishment, by imprisonment in the penitentia!r,y,
of any person bribing or attempting to bribe
any member of the Legislature or judicial ex-
ecutive officer or of any member OF the Legls-
lature accepting a bribe and further, either
bribed or briber, actual or would-be, is to be
compelled by law to turn States evidence
against his accomplces Further yet, to
bound and limit corporations it is provided
that in all elections for directors or managers
of incorporated companies every stakeholder
shall have the right to vote for the number of
his shares for as many persons as there are to
be elected, or to give all those votes to one can
didate, or equally or unequally among more, as
he may see fit. Thus, if the stockholder have
100 shares, and there be ten directors to be
chosen, he has 1000 votes, and may give 100
votes to each of ten candidates, or 250 to each
of four, or 500 to each of two, or, finally, may
cumulate all his 1000 votes on one-this meth
cd Of voting being that form ef minority rep
resentation known as the cumulative vote, and
the object being to give the minority of stock
holders representation on the board of direc-
tors, instead of having a few large stockholders
having everything absolutely their own way.
In 1876 the Legislature is directed to apply the
same system or some other form of minority
representation to the election of the members
of the State Senate. Lastly, among the nota-
BILE provisions of this new Constitution may be
mentioned the separative or discriminating
yeto whereby the Governor may approve some
items of an appropriation bill and disapprove
others, the approved sections standing as law
and the disapproved going back to the Legis-
lature as in the case of any other veto. This
etectualy prevents the legislative evil of
"sandwiching' or clapping iIr a corrupt item
between honest ones and forcing the Executive
to approve the bad rather than lose the good.
Altogether the instrument, as we have men,
toned, is good one, and reflects credit ON its
trainers, as we trust it may rebound to the ad-
vantage of the State.-M Y World.