Daily Los Angeles herald., 1879-04-27
A Mars's Nest.

Yesterdays Express has discov-
cred q fine mares nest in Governor
TWINS election proclamation.
Speaking of the phraseology em-
ployed by our Chief Executive, the
Express says:
But our attention has been called
to q very singular error in his
proclamation calling upon the
people to vote upon the
Instrument submitted for their
ratification or rejection by
the late Constitutional Conven-
ton. The old Constitution pro-
vldes that the people, In voting for
or against new Constitution shall
deposit ballots on which shall be
written or printed these words:
ssFor the NEW Constitution or,
"Against the NEW Constitution"
The law of 1S77-S, calling
the Convention, also pro-
vldes that the same form
shall be used; and the new Consti-
tuition Itself contains provision to
the same effect and specifies the
word NEW in both instances. But
now comes the proclamation of the
Governor in which that word is
omitted, and the people are told to
vote ballots on which simply the
words For the Constitution" or
against the Constitution shall
be written or printed. Is
this omission Intentional or
accidental?
Had we encountered this passage
in any other journal we should be
tempted to call it demagoguism or
poppy-cock.
Turning to the advertising col
umns of the Express, we find the
following passage in the Governors
proclamation:
+" Whereas, the Convention
which assembled at the city of
Sacramento on the 2Sth day OF
September, A. d. 1878, to revise
and change the entire Constitu.
"tion of this State, agreed upon
and submitted to the people for
their ratification or rejection a
"new Constitution for the State OF
California; and whereas, the law
"has fixed the first Wednesday OF
May, A. ID. 1879, as the day upon
(which the people shall adopt or
reject such new Constitution
now, therefore, 1, William Irwin,
Governor of the State of Califor-
"nia, do declare that on Wednes.
" day, May 7, 1879, there will be
held an election, at which the
people of the State shall vote to
adopt or reject such Constitu-
tion.u
The grammatical sequence ol
the foregoing is that the peo-
pie are to vote to adopt
or reject the new Constitu.
tion of California. 1t is true that
the Governor, lower down, says
that on the tickets deposited in the
ballot boxes shall be written OF
printed "For the Constitution" )"
"Against the Constitution" but
still the emphatic introductory
language : the context - governs
the whole sense.
Were the question not the proc
lamation but simply the printing
OF the tickets, we admit that the
case would be different. But fol-
those who do not aim solely to get
up an unfair sensation, enough is
said when We state that prop
erly printed tickets, on which will
be inscribed For the New Consti.
tution," "AgaiDst the New Con-
stitution,n are now in the hands of
the County Clerks of the
several counties of Califor-
mia. Ten OF these tickets
were mailed for each reg
istered voter in the State by
the Public Printer There is not
the slightest intention to de-
ceive or defraud any one. The
Governor has discharged his duty
honestly. So has the Public Print
er. The people will acquit them
selves OF theirs by giving an over
whelming majority "Against the
New Constitution"
By the way, even If the Cover
nor had issued no proclamation
whatever, the election would not
have been invalidated. A certain
jurymap, in explaining why a
brother juryman had failed to put
in an appearance, said that there
were several reasons, and that the
first was that the man was dead.
"You can stop there" said the
Judge. We think we nave said
enough on the Governors attitude.