The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-10-08
ADnmgernna Ordinance.
To the Editor Of The Dallas Herald:

To the Editor Of The Dallas Herald:
The ordinance of the Convention
now in session at Austin continuing
over the elections beyond the time
established By law is, IN the writer's
opinion, measure OF grave import
ance to the people of Texas. 1t is mani
fest from the terms of that ordinance
that the member of the Convention
themselves believe that vitality is only
given to the proposed Constitution by
ratification of the people If this
proposition be true-and it IS supported
by the past as well as the contempora-
neous history ofState conventions-then
what force has this ordinance, declara-
ton or resolution which abrogated the
law of the land by repeating the
statute designating the time of cleo
ton, unless it be ratified by the peo-
Pile? II the Constitution only receives
vitality by II direct ratification of the
people, whence does this ordinance
derive its force? An exhaustive
analysis Of this ordinance is calculated
to cause serious apprehension in
thoughtful minds. IL first undertakes
to repeal valid and subssting
law which declares that II
general election shall be held
on the first Tuesday in December, 1873.
1t next proposes to extend the tenure
Of office of the members of the l4th
Legislature after that body by express
law has become extinct. 1t revivilies,
resurrects and establishes u new body
with all the transcendant powers of
legislation without its authority or
will OF the people. Is it possible that
this Convention was elected for such
purpose? 1t proposes TO delegate to
the discretion of the Executive the
power of ordering and designating the
time OF q new election, and il further
more proposes that this ordinance take
effect immediately without consulting
the VIII OF the people as to its ratilica-
ton or rejection. If the ratification of
n people is an indispensable prerequi-
site to the life ola Constitution, il not
such ratification also necessary to
give vitality to all ordinances or dec
larations of this body. If they can
legislate independently of the people
in one respect why not in all? Why
submit the Constitution itself for their
consideration. BY the terms of the
law calling this Convention together
they are not required to submit their
work for ratification or rejection.
Let us suppose that the elections be
deferred rs proposed, say, until the LIST
Tuesday in January, 1876; That ut
that election it the Constitution is re-
iani aI what thnn thn ,n,,Iii, ,,c
the State government? To election
having been held in December, 1875,
as required by law for the Legislature
and other officers, can the Fourteenth
Legislature again assemble? If they
cannot, can the Executive issue his
proclamation of his own accord order
ing an election at u time designated
not by law, but by HIMSELF Would the
election of II United States Senator by
the extinct Fourteenth Legislature, or
10y the Illegal Legislature elected I'M
der the supposed proclamation of Gov
ernor Coke, he admitted to mis- seat in
the Senate?
That the Constitution will be ratified
is by no means u certainty, and is it
wise statesmanshlp not to contemplate
and provide for such contingency
but to hazard the very existence of the |
state as 1t We're upon the certainty of
Il ratification, In the event that
the Constitution be defeated and
the elections deferred, it is
the writer's solemn conviction that no
Legislature can assemble; that there
will ensue Il hiatus of two years, with
out appropriations for the support of
the State Government, and that the
only legal election that could be held
would be upon the first Tuesday in De-
cember, A. ID. 1877. q.