, 1875-02-16

Ho uhFa EtEelFea t4e HINjtEltJ Auu UlnOTl-
ty reports Of the Special Committee Of the
House Of Representatives on the Arkansas
cnso. Judge POLAND, and 31essrs. ScupDER.
SArlEn, md sLosa, unite in the opinion that
no action Of Congress or any other depart
ment Of the General Government is needed
in relation to Arkansas. The minority report
is sigued only by Mr. J. D. WARD, Of this
city, who reaches tho conclusion that pRooka
was elected Governor in 1879, under tho
Constitution then in force, and is now tho
lawful Governor Of Arkansas. Mr.. WAan'a
objections to tha validity Of the new Consti-
tuition, after Of course denying the legality Of
the election Of the members OF the Logisla-
ture which passed an act calling the Consti-
tutional Convention, are substantially as fol-
lows:
/. That the old Constitution Of tho State
provided that u in all elections by tho people
tho electors shall vote by ballot y; and that
the Legislature, in the act providing for tho
election Of delegates to tho Convention,
enacted TINT tho ballots on deposited by the
voters should DO numbered so as to cor.
respond with tho number Of the voters on the
poll.book therefore, the election for delegates
was violative Of the State Constitution.
9. Tint the Convention provided that in
voting on the ratification Of the Constitution
the ballots should ba numbered in tho same
way.
8. That the Convention designated certain
persons State Supervisors, by whom County
Supervisors aud judges of election should be
appointed, to whom the returns should be
made, and the result declared. Tho act OF
tho Legislature was silent On this subject, and
the Convention supplied the deficiency; TINT
in doing this this Convention exercised legiE-
latiye power, which it had no authority to do.
4. Tho Convention was not required by
law to keep journal, aud therefore its rec
ord is no legal evidence Of its proceedings.
The Convention could not mako laws for the
State, nor suspend or set aside any law.
| s. The Convention had no power to rogu-
late the means to be pursued for the adoption
Of the Constitution, OF for the ascertainment
and declaration of the fact.
Q. The Constitution WAS put in force by
the declaration Of three persons appointed by
J the Convention.
| I. That Arkaneaa was admitted to repre-.
sentation in Congress in 1868 upon tho condi-
ton that the Constitution should not ba 50
amended as to deprive any citizen, or class OF
citizens, Of the right to vote who arc entitled
to vote by the Constitution lot 1863, pro-
vided TINT any alteration Of said Constitution,
prospective in effect, may be made in regard
] to the tin,e and place Of residence Of voters
that thu new Constitution changed the time
Of residence OF legal voters from sir months
to ona year, and therefore violated the
Fundamental condition"
g. Tint, in view Of these objections, the
aots Of the Convention and the new Constitu
ton are oil void
We regret to say that il 1lr. WAnps objec
tions to the validity Of the new Constitution
Of ths State Of Arkansas havo the force o,
rendering that Constitution void, thera is
very serious doubt whether the present Con
stitution Of Illinois IL not also void.
This Constitution of the 6tate Of nlinoi
Of 1913 provided TINT "a1l votos shall b
given by ballot" The Legislature enactas
that before oil elections there shall be for
mai registration Of the voters; It also pro
vided that the ballot Of each voter should b.
marked by number, so as to identify th'
same. Ths Convention which framed th
Constitution Of 1870 provided that the vote
for or against the Constitution should b.
marked according to law, but enacted tha
there should ba no previous registration
as required by the Inv OF tile State
Hers, then, the action In Illinois and in Aslau
sas, in providing for the marked ballots ans
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