The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-08-12
q LEGAL QUESTION.
The Position OF the Galveston
News on the Convention
Vote, Examined ThrGugi,
legal SpectUcics.
10 the Editor of the Dallas Herald :;

10000, and the majority for a conVcn
ton about 5000. 1t does not seen
probable that future returns vii
double the aggregate Of the majority
But let us suppose that the one is 80,
600, and the other 5000. AS the rcgist
cred vote of the state IL estimated al
about 100000, it appears, on the fore
going supposition, that less than one
third of the total number Of voters III
the State turned out ut the election
and that about One-siXth of that tOta
number voted for Convention. Ncv,
theless the Governor is expected tC
construe the vote Of this small minor
ity into the express desire aud de.
mand of the majority of the people tC
have II Convention. lie might well
feel embarrassed by such an omorgen,
cy. And the delegates, when called
into assembly, might well feel dit.
iident AZ to their representative capaci-
by with respect 10 the great body OF
the people. Under accepted
parliamentary maXims, such q vote Us
Indicated could never carry II measure.
A quorum of voters ought not to be less
than II majority. But here we have a
measure presumed to he carried by n
little more than 0nG-half OF less than
one-thIrd of the voting population OF
the State.n
This objection from so able and in
lluential journal, conveys II danger
ous suggestion in opposition to the cX.
preston Of the Popular win. II can
hardly be, that 1t Is the result of ina
tmed reflection on the part of the
writer thereof, ~, with all due respect,
1t is suggested, both upon reason and
authority, IL IL easily reiuted.
The election was held under the law
passed by the last Legislature, which
provides, Section 3. Such
delegates shall be chosen and elected by
the qualified electors of the State OF
Texas, nS follows:
Tho qualified electors of each Sena
torial District shall choose and elect
three delegates.
Section 1. An election shall be held
on the first Monday in August, 1875
for the election of such delegates; such
election shall be governed and control
led by the laws now in force in rcgarC
to general elections; and ut said elec
ton each voter, in voting for delegates
shall vote, "For Convention,n o.
Against Convention and the vot,
of ench county for and against Convcn
ton shall be certified to the Secretary
of state by the presiding Justice of suol
county; and II, upon the count of iii,
vote of the people of the State, it b,
found that II majority have voted for q
! Convention, IL shall be the duty of tn,
Governor to issue his proclamation
converting the delegates elected, etc
Provided, that if il be tuunt
that n majority of the voters ut sui,
election have voted against Conven
tion," then said Convention shall no
be convened. Acts of 1875.
IL is an ancient and well settled rule
that In constituting any part of Il law
the whole must be made, if possible, Il
harmoni2e all the parts with each 9th
er, ana with the general scope; while
the different parts reflect light on eacl
other. Setlgwick on Statuary and Con
stitutionAl law, 100 200-l. Can IL b,
commended, under Il construction of thi.
law, that majority OF the voters al
said election voting against Conven.
ton would defeat it, and that u ma,
l0rity OF the same voters voting "fol
Convention," would not carry il? We
have not seen the opinion, but we arc
informed that the able law officer OF
the state, Attorney General Clark
considers the question plainly settled
by the very law under which the cleo
ton is held.
The single point raised by the News,
Is the smallness of the vote, in the ny
gregate, and the meagreness OF the
vote "ior Convention" compared
with the number of registered voters.
IL lntimates no charge whatever.
against the legality, fairness or valid.
lty OF the election, in any other re-
spect. Hence so much the more dan.
gerous is the the tendency of its objec-
ton.
III the argument of the News is
sound, 1t at once saps the foundation
OF American Government, National.
state and municipal A President and
Congress might attempt to retain of
lice, after the expiration of their law
iul terms, because OF the meagreness
OF the vote for their Successors, So
with Governor and Legislature. SO
with n Mayor and City Council. So
with the judges of the land.
To negative the position of the News
strongly, we will suppose that every
one of the 100000 voters of the State
had participated in the election, 10000
voting against II Convention" $4,000
voting "for n Convention" and 1875, 900
putting IN blank ballots. A rather
clear indication, tLnt $4,000 out of the
lBO,O00 voters of the State were OBJ
posed, or utterly Indifferent, to Con-
vention. Yet, MS legal proposition,
IL III lnoontrovertible, that the question
would be thereby decided in the af.
hrmative, and the Governor should
convene the delegates.
me elector Ia under no legal obliga-
ton to vote either way, or at all. Flo
may vote Tor or against n candidate,
OF a question; he may put blank in
the ballot box, or he may remain alto.
getner away from the polls. In most
Of the States n plurality of the votes
cast determines the election, In 9TH
err, rs TO some elections, majority +.
but IN determining upon majority or
the blank votes, IL any, are
not to be counted; AMI u candidate
may therefore be chosen without re-
ceiying a plurality or majority of
voices of those who actually partici. |
pate In the election. Cooley's Con.
Linn. p. el4. II Is to be- presumed that
oil the electors knew the law suh,,,i,