The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-11-22

the amendment, reading, MI majority Of
the votes cast at said election be for ratih'
cation, the said proposed amendment shall
be in force and effect from the time oil
such ratification" Now, what election Is
referred to In the language, ri majority
OF the votes cast at said election be for rat
ification2" Plainly the election on the
amendment, not the election for Governor
or other officer, elections not provided for
or contemplated in this act, but provided
for and born OF other laws. This express
ion, sat said election" occurs at several
places In the act It starts out by saying,
rthe question OF the ratification or reiec'
ton" Of the amendment shall be submitted
to vote, and it provides the form Of bal
lot, and says mo ballot shall be rejected
In ascertaining the. result Of said election
because all the prescribed words are not
on It." What election is meant In this
clause by the words, "said electionT'
Plainly the election on the amendment.
Again, It SAYS, when the result Of said
election shall be ascertained, the officers
shall sign certificates OF the result. What
election is here meant? None other than
that on the amendment. Then it says the
certificates shall contain the true result Of
said election What election? Why that
on the amendment. Then 1t says that
when the certificates from the commits
sioners at the court.houses Of the several
counties go before the Governor, 1t shall
be his duty to ascertain herefrom the re-
suit OF said election in the State. Ascertain
the result oil what election? Manifestly
the election on the amendment. Just the
same election as is referred to in the same
section in the clause reading, ''if o
majority Of the votes cast OF said election
be for ratification, 1.-The said proposed
amendment shall be in force and effect
from the time OF such ratification"
Therefore, il we were governed by no
other law than this act alone, we should
be forced to conclude from It's manifest
construction, that it means, that If a
majority Of the votes cast on the amend
dment be for ratification, 1t is ratified,
whether that be a majority Of the votes
cast in the State for any Office or not. The
door was open to oil voters to express
their will. Those silent gave consent; at
least, they can not be treated as saying
"No;" and II a majority Of those speaking
on the question say "Yea," it is enough.
But this act, plain as 1t is, is not the only
law on the point. There is another law
in pari maieriG, to be read along with this
act, not only as light by which to con.
strue the Legislative intent in the act OF
submission, but to override that act If,
when properly construed, it be in conflict
with the constitution. The Constitution OF
1872, Article II, Sec. Q, which regulates
the mode of amending the constitution,
and is the supreme Law on the subject OF
amendments, after requiring the Legisla'
ture to submit by a law, an amendment to
the people, declares: "Aud if majority
OF the qualified voters roting on the question
at the polls held pursuant to such law,
ratify the proposed amendment, it shall
be in force from the time OF such ratifcs.
ton"
II there were any question under the act
OF the Legislature, this clause OF the Con.
stitutiOn settles it. It holds majority OF
those voting on the amendment sufficient
to ratity, though 1t may be minority OF
all the votes cast on some other question
or for some office. But II the act OF the
Legislature were not plain; II it were ca
pablo OF conflicting constructions; that
construction should be given it, that in.
tent should DO ascribed to the Legislature,
which would harmonic with the Consti-
tuition, not one which would violate it. 1t
is undoubted law that whenever an act
Of the Legislature can be so construed and
applied as to avoid conflict with the Con-
stitution and give 1t the force OF law, such
construction will be adopted by the
courts" Cooley Con-, Limitations, 1867
Our Court of Appeals has approvingly
quoted this principle in 8 W. Va. Reports,
p. G2G. And the same high court has
quoted as good law in the celebrated
Bridgas-Shallcross case, the New Hamp.
shire decision, that it is duty $50 to con-
strue every act Of the Legislature as to
make it consistent, II possible, with the
provisions OF the Constitution, without
stopping to inquire what construction
might DO warranted by the natural import
OF the language used, 0 W. Va, 572:
Therefore, the act must construed to in.
tend the same thing as the Constitution,
because it is readily capable Of that con.
struction, and that is that majority Of
the votes cast on the amendment is suti-
cient to adoptit, though it may not be a
majority OF the number cast on someother
question or for some Office. And finally,
il the act under its proper construction
could be held to differ from the Constitu:
ton, the rule OF the Constitution would
prevail and override the rule Of the act.
REV, r. R, BuRrs, OF Manata, Fla, says: