The Portland daily press., 1880-12-02
THE GOvERNORSHIP.
The Plurality Amendment Declared Ef-

lested throughout the discussion of the Cub
ernatorial election to fairly present all sides 81
the argument and especially to give the public
the benefit of professional views upon the le-
gal points involved, we have obtained the per
mission of Harvey d. Hadlock, ESQ.,, Bucks
port, to publish the following text of an opin.
on dra wn by him a fortnight ago at the re.
quest of prominent citizens:
MR.. HADLocK's OPINION.
My opinion has been requested as to what,
ii any, effect the Constitutional amendment
submitted to the inhabitants of the state and
voted for by a majorityof all those who voted
on the question of amendment, on the second
Monday of September last, has upon the Cub
"rnatorial vote of the state cast ON said second
Monday of said September.
L assume that The municipal officers of the
several cities, towns and plantations in the
state submitted Ithe question of amendment
in manner and form as provided in chapter 100
OF the Resolves of 1880; and that the Governor
aud Council opened, examined and counted
the vote as provided in said chapter; and that
it appeared that majority of the votes cast
AID returned on said question was in favor of
said amendment.
IL IS pro. lueu that the Constitution of the
State can be amended whenever two-thirdS of
both Houses of the Legislature propose amend
ments 70 the Constitution, and said proposed
amendments are agreed uDon, and resolution
passed and sent to municipal officers of the
several cities, towns and plantations in the
State empowering and directing them to notify
the inhabitants of the respective cities, towns
and plantations in the manner prescribed by
by law, at their next annual meeting in the
month of September, to give in their votes on
the question of amendment and if it appears
that a majority of the inhabitants voting on
the question are in favor of such amendment
gful1 kon Yart nf no ifr,tix
stitution Of Malne Art 10 81.
majority of the inhabitants who voted on
the quest OH of amendment having voted in
favor OF its adoption, it became part of the
Constitution of the State, when the result of
the vote had been determined as provided in
c. 160 of III, Resolve, of $780,
Aud from the time when the Governor and
Council, Immediately after the expiration of
thirty Gays from the day of election, opened,
examined and counted the votes cast and re-
tnrned on the question of the amendment to
the Constitution, said amendment became a
part of the supreme law of the State.
By the adoption of the amendment of
Art. B of the Constitution has been changed
Dy striking out the word majority wherever
1T occurred therein and inserting in the place
thereof the word plurality, so that s,3 of Art.
5, now reads:
.'The meetings for election of Governor
shall be notified, held and regulated aud
votes shall be received sorted, counted, de-
clared and recorded in the same manner at
those for Senators and Representatives They
shall he sealed and returned into the Secreta-
rvs office In the same. manner and at the same
time as those for Senators.
And the Secretary of State for the tine be-
ing shall on the first Wednesday of January
then next lay the lists before the Senate and
House OF Representatives, and also the lists of
votes of citizens in the military service re
turned into the Secretary's office, to be by
them examined, and in case of a choice by a
plurality of all the votes returned they shall
declare and publish the same.
hut if no person shall have plurality of
votes, the Hnuse of Representatives shall by
ballot from the persons having the four high
est number of votes on the list, if so many
there be, elect two persons, and make return
of their names to the Senate, of whom the
Senate shall bv ballot elect one who shall be
declared the Governor"
The Senate Gand House of Representatives
before whom tue lists returned from The cleo
tion held on the second Monday of September
last are to be laid, as provided in So, of Art.
of the Constitution of Maine, have at pres
ent 10 existence, and the persons elected Sen
ators and Representatives in September last
will not constitute Senate and House of Rep
resentatives until after they shall have assem-
bled on the first Wednesday of January next
and shall have taken an oath to suppost the
Constitution of Maine as it is and not as it
was.
And when the Senate and House of Repre-
sentatives on the first Wednesd ~ of January
next shall have laid before them the lists of
votes cast for Governor on said second Mon
day of last September, the Constitutional
amendment in question will have been for
months part of the constitutional law of the
State of Maine.
The provisions of law contained in of Art.
8 of the Constitution of Maine on the first
Wednesday of January, 1880, are no longer in
determinec the Gubernatorial vote laid before
the Legislature of 1880 cannot be invoked by
the Legislature of 1881, as of Art. of the
Constitution of Maine. as amended by the
of the Resolves of 1880 contains the law by
which Legislatures hereafter to be assembled
in this State must be governed.
The amendment is in no wise RETROSPECT
tive in its operation; but provides rule for
performance of a duty that will devolve upon
Senate and House of Representatives to be
organized at a future day.
The fact that the provision contained in
chapter 100 of the Resolves of 1880 that: "a
plurality of the votes cast and returned for
Governor at the annual September election for
the year eighteen hundred and eighty shall
determine the election of Governor for the
years eighteen hundred and eighty-one and
Two" was not submitted to the inhabitants of
the State to be voted upon is of no importance
in determining when the Constitution as
amended takes effect; as a law Is operative
from the date OF its passage, if its operation
be not postponed by some law.-MdtthelCS q.
Zdne,7 Wheaton, 164.
The amendment became part of the Con-
stitutioh when it appeared thai majority of
the inhabitants who had voted on the question
of amendment were i'll favor of its adoption
5 2, -4,t ~, Constitution gf Name.
The manner of determining The vote on the
amendment was provided in c. 100 Of the Re-
solves oi 1880
The fact that the amendment was voted for
on the same day that the Gubernatorial vote
was cast cannot be urged against the amend
nent and its effect Oh the Senate and House
the Gubernatorial votes ara to be laid, as the
amendment was submitted in strict accordance
with the provisions contained in Art. 10 of the
Constitution of Maine.
The amendment does not affect existing
contracts or vested rights, and is strictly pros
pecJive i'll its operation.
The people are sovereign, and the officers
elected by them are their servants, and they
have not only the right to determine how
their serv ants shall be elected, but also the
law by which their election shall be ascertain
cd; and the people OF this s ate had an ull-
doubted right to declare by the amendment
voted for on the second Monoay of September
last how the Gubernatorial vote then Cast
should be determined by the next Legislature
OF the State of Maine.
ne tHlIu btCtlOu Ol t1FIlCl0 ~, OF Ln6 SOIi-
stltutlon OF Maine, relaieS 10 the codticaiIon
OF the Constitution End the amendments pro-
posed by chap. 90, of the Resolves of 1875, and
has no effect upon the amendment proposed
by chap. 100, of the Resolves of 1885, as il re-
lates strictly TO the arrangement of the Con-
stitution together with the amendments pro-
posed by sec. 93, of the Resolves of 1875.
The validity OF a Constitutional amendment
does not depend upon its arrangement.
am of the opinion that the amendment to
the Constitution proposed by the Legislature
OF 1880, and adopted in September last by the
inhabitants OF this State, is now a part of the
Constitution of the State of Maine, and that
shall be organized OH the first Wednesday of
January next, must be guided in deter mining
the choice of the people of the State of Maine
for Governor, by s of art. 5, of the Constitu-
tion of Maine as amended.
II. d. HADLoCK.
Nov. 15, 1880.
(Zion's Advocated
M Moro Tocbnica1ifioo