The Portland daily press., 1880-10-08

Still there can be no doubt that the Consti-
tutional amendment proposed by the last Leg
islature and submitted to the people for their
votes, pro or con, was intended to apply to the
election of Governoa this year, and the great
queStionfis-d0es it9 Many people however in
Guiding nearly the whole Democratic party
and its organs and not few Republicans who
have carefully considered the subject regard
less of its political bearings. have come to the
conclusion that no amendment can be made to
retroact, or to take effect till constitutionally
adopted and the work begun by the Legisla-
ture and seconded by the voters at the polls
shall have been fullyg completed Mani
testify the September election for Cover
nor took place either under the constitution as
it had been or under the proposed amendment.
Either the old constitution or the amended one
was the supreme law of the state on the 18th of
September. On the morning of that day there
can be no doubt what the law was. Did then the
vote for governor and TO" the amendment travel
ON "pdri passu" during the day, and was the
constitution being changed at every step so
that it could be said at the setting OF that
days sun, the amendment has been adopted in
due form, and that the Governor has been
voted for and elected under that amendment?
To believe this would seem to require rather
heavy strain on the common sense or credulity
of thinking men, even if the constitution did
not itself prescribe several other steps neces-
sary to complete an amendment and make it a
part of that instrument.
Article 10 section 3 Of the constitution pre-
yides that any Legislature by two-thirds vote
may submit amendment to the people to be
voted on at the next annual meeting and if it
shall appear that majority of the inhabit-
ants voting on the question are in favor of
such amendments it shall becom part of
the constitution How then and when shall it
be made to "dppedr?" The statute law pro-
vides that Immediately after the expiration
OF thirty days the Governor and Council shall
open, examine, count and proclaim the vote. y
Then Sec. Sd Art 10 of the constitution re-
quires the Chief Justice of the Supreme Court
to arrange the constitution as amended under
appropriate titles and submit the same to the
Legislature at the next session, and when it
shall be approved by that Legislature 'sthe
draft and amendment so made shall be en-
rolled on parchment and deposited in the of
flee of the Secretary of State" and then .sthe
constitution with the amendment made there
to in accordance with the provisions thereof
shall be the supreme law of the State" No
Legislature, not even the people themselves
by unanimous vote, could jump an amend
ment into the constitution over the provisions
for amending therein contained All, SO far
as know, agree in the wisdom of this plural
ity amendment and all should agree in the
wisdom OF having it legally incorporated into
the organic law before it shall be required and
used to settle the results of an election. 1t
may be difficult to determine the precise mo-
ment when an amendment takes effect,
whether on the day the votes are cast, or on
the day the Governor proclaims the result, or
when the subsequent Legislature approves and
adopts 1T into the body of the constitution.
Lawyers may split hairs upon that. But one
thing is very certain that it would not be safe
for any man to assume the responsibilities of
the gubernatorial office IL for the people to
trust the governorship OF the State on plu-
rality election, without the sanction of the
Supreme Ceurt An appeal to that tribunal
under existing circumstances, in the present
status OF the two political partieS ShOutd he
avoided If possible. To that end let the next
Legislature take the whole business into lis
own hands; and the better to carry out the
intent of the last Legislature in re-
gard to the amendment, and also
to respect the will of the people as ex-
pressed at the polls, and above all to make
the title of the next Governor to the chair of
State sure beyond all contingency or Doubt
let them elect to that office for two years the
candidate whom they shall find to have re-
ceived the most votes, whether it shall prove
to be Harris NJ. Plaisted or Daniel +. Davis
Fl. A. j.