The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-06-19
Knocking u constitutional
Amendment ON the Head.

indianapolis, Ind, 1S.-The Sup
RENE court this morning overthrow
the constitutional amendments
changing the tinao Of hOldios oleOtiUn
for state officers from October to the
second Tuesday IN November. Toe
opinion of the court was rendered by
Judge Beddel, Judges Hawke and
Worden concurring, Judges Neblack
and Scott dissenting. The opinion ls
very long and reviews the history OF
the act fully, closing as follows: This
court finds that it requires at
least majority of all the
votes cast at an elt ction, &c
ratily a constitutional amendment.
We also hold that as the act Of March
10, 1879, is detective in not providing
for the count OF the aggregate num-
Der CT the votes cast throughout the
state on the day of the election, or
IN not providing some means to find
out the whole number of vOtes cast
by which it might be learned what
proportion the number cast in favor
of the ratification bore 20 the whole
number, there is no source from
which this court can ascertain
whether the amendment received
msjorlty of all the votes cast at the
election or not. AS the amend
ment was submitted on the day of
the reguIRrspring elections throughout
the state, and az there we're, by law,
officers 10 el5ct ST the same time IN
various counties, it must be presumed
that other votes than those for or
against the amendment were cast st
the same time. From the peculiar
ballots used in voting upon the
amedment many electors msy have
voted no and yes upon the question
of amendment. which votes would
not be counted in estimating the
whole number Of electors voting. II
is also held that the constitution must
remain as it was before the
amendment was submitted, un-
I'll it shall affiImativ5ly Spp6ar
that the amendment is ratified; does
not this afiirmatively appear, We
must held that the sm ndment Is not
ratified by constitutional majority.
| The opinion, therefore, of the court is
that it requires a majority OF the
electors Of the st.to 10 Ta.ify an
amendment to the constitution, but
that the whole number OF votes cast
at the election of which the amend
ment is submitted, must be taxen az
the number of electors in the state
The opinion deals exclusively with
irregularities in the election. and not
with the merits OF the amendment.
Chicago, I8.-S9 far as learned,
the decision OF the Supreme Court
against the Constitutionallty of the
Indiana amendment, fixing the fall
election for November, Is purely on
technical grounds Republicans
claim that this Judiciary body, which
is thges to two. is democratic, and has
been guilty OF ocanjslOus partisan
tricks, besides having given cut, even
before the case was made up and pre-
scented. that they should decide
against the amendment. Tie two
republicans 6isaeuted. Ii is regarded
as an advantage to the democrats
to have the October election for,
although the republican candidates
for state Offices are strong, the demo
Gratis have also made strong ronina-
tions who will secure, it is believed.
the most Of the grenback vote;
although on the presidential issue
ths-e would be a heavy detection OF
greenbaekeTs from the democrats to
the republicans.