The Republican journal., 1880-09-30
The Validity of the Constitutional Amend
ment

| m6nt.
The Boston Advertiser publishes well
considered article on the validity of the
constitutional amendment adopted at the
recent election in this State 1t recalls
the fact that before the election, when
the Fusonists had no hope of securing
plurality for their candidate, they main
tanned, with great unanimity, that though
the pending amendment were to be rati-
fed it would be invalid; and that some
Republicans felt that the point was well
taken. Many knew that it was unusual
to have constitutional amendment APP
ply to the election at which it was adopt
ed, but did not doubt the constitutional
ty of the proceeding The fact is, there
was and is universal desire that our
election laws should be changed, and as
there is not to be another State election
until 1899 the Legislature, in Difference to
the popular will, SO worded the amend
ment as to apply to the election of 1880.
| l ne tlutSllDll llldl HOW utlStS Is llllS
the election of the thirteenth of Septem-
Der this year was ordered, begun and
held under the constitution as it was
when the foregoing proposition was adopt
| ed by the Legislature. The vote for Coy
| ernor and that upon the amendment pro
ceeded simultaneously, and were com
| pleted at the same time. But an amend
ment does not take effect until the votes
for and against it have been east ana the
result has been proclaimed. That has
not been done yet. When it is done the
change will be made to apply to an elec
ton that has already been held. Is such
a retroactive provision legal!
This question was emphatically answer
ed in the negative by the Fusionists before
the election ; and Gen. Plaisted's own
supporters could be quoted in iustitica-
ton of referring the election of Governor
to the Legislature. But the Republicans
do not propose to take any such course.
Senator Blaine voiced the sentiments of
bis party when he said, in his despatch
to Hon. Marshall Jewell 'If Gen. Plais-
ted shall have single vote more than
Coy. Davis the executive chair of Maine
| for the next two years is as well assured
to him rs though his majority were 10,
600" But. as the Advertiser suggests, it
il b1n hat in l,.. tlt
questions may arise involving the Valid-
ty of an election in l--0 10y plurality
of votes, and the doubt should he cleared
up at the outset Moreover. saws the
Advertisers
| 1t is wise 10 have Judicial opinion upon thO
power OF the people to change their constitution in
| such way as to make the amendments apply TO
! acts PRIOR to the determination OF the question
whether or not the amendment has been adopted
Not for the purpose OF defeating their own
measure, and 50 of gaining opportunity to elect
| Mr., Davis by the Legislature but ln remove the
| cloud from General PiastedS title IT, the office If
| the amendment is adjuged valid OF 10 give him a
| perfect title, Il the proposition shond be declared
invalid, the subject ought to be brought before the
| court The moral sense OF the Republican party
would condemn the Legislature Of Name il il did
| not confirm what now appears to be the will of
the people.
The New York Herald has hit upon
new theory regarding our State election
| Ii says: "The remarkable change in
Maine is the result of revolt against the
control which Senator Lamin has for
twenty years exercised over the Republic
can party iii the State" etc. Other pa
pcrs say the same thing regarding >ena
tor Blaine. one -. G. Forney says zone
cause of the defeat is the dominion of
Blaine and llamlin over the young men
OF the State SO far as Senator Hamlin
is concerned, everybody i'll Maine knows
that more than a year ago he announced
his intention of retiring to private life
at the expiration of his present Senator'S
al term, and that had he consulted his in
clnatons he would long since have ceased
to take an active part in politics. Bat he
was called upon last year, and in the
campaign recently closed, and chcerlulIy
responded to the call. Everywhere his
appearance was hailed with enthusiasm.
Of Senator Blaine IL is hardly necessary
to speak in this connection. If he is
stronger among one class Of Republicans
than another it is among the young men
Of the party, and there is no one in pub
lie life to-day who can 50 command their
admiration and allegiance This y. G.
Forney, who also declares Gen. Plaisttd
to be "as good Republican Us Blaine
or Hamin, is a cousin of John ".
Forney, and has been a lobbyist in
Washington for many years. He pub
fishes a weekly paper there, which, like
himself, is at the service of the highest
bidder; and he is very poor authority on
any subject, much less on Maine politics.
1t is fortunate for Gen plaisted that
his case does not come before such Il set
Of men as Garcclon and his council. SO
far as the TabulatOrs observed the forms