The Portland daily press., 1880-11-27
THE PRESS CRITICISED.
RoCKLAND, Nov. %, 1880


To the Editor Of the Press:
Der 21st entitled "a Plain Duty" hope you
do not intend, by the aforesaid article, to init
mate that there was even probability that
the majority of the incoming Legislature
would do otherwise than what appeared to
And while every member Of the ma.
] nifty of said Legislature may desire to
d. what is his plain duty" yet he may have
doubts as to what that duty is. 1t is not to be-
presumed that because members of former
legislature erred and failed to accomplish just
what they intended, or even attempted to do
that which was illegal that the incoming legis-
lature would IN any manner be bound by their
illegal acts, or to assume that their acrs had
any binding force. The "plain duty" of mem
beers of the incoming legislature is to do their
''plan duty" without regard to what any for
mer legislature may have done. They are in
no manner bound by any illegal acts, or by any
aOortive attempts to amend the constitution of
our State. no matter what their motives might
have been: The "plain duty is simply to de-
termine what has been done, and not what was
intended. The simple questions to be an
swered are: Is the constitution so amended
that plurality shall determine the election of
Governor, instead of a majority as hereto
fore? And if SO, does the amendment apply
to the election by the people held ON the
18th of last September? No one among the
'plain people" will contend that it is the duty
OF the Legislature to declare that any man
has been elected to that very responsible posi-
ton by the people, unless it is 30 In fact. The
people did or they did not elect a Governor on
said day. Ii no individual received majority
OF votes was any one elected? Did anybody
receive plurality? If so, was he elected? /
think not, and l give my reasons for so think
ing. 1t will be seen by an examination of Sec.
2, article X, as amended in 1876, that the Leg
islature can only propose amendments" and
whatever amendment is proposed by the Leg
islature must be submitted to the people at
their next annual meetings in the month of
September, to give in their votes on the ques-
ton whether such amendment shall be made;
and if it shall appear that the majority of n.
habitants voting on the question are in favor
OF such amendment, it shall become part of
the constitution" No amendment ia adonted
until the question has been submitted to the
people, and no proposed amendment becomes
part OF the constitution until sit appears that
a majority of the inhabitants voting on the
question are in favor of such amendment" The
amendment proposed by the Legislature last
Winter is as follows: "Resotued, Two-thirds
of both branches OF the Legislature concurring
that the constitution of this State shall be
amended, in the third section of the first part
of article five, by striking out the word major
ity' whenever it occurs therein, and inserting
in the place thereof the word plurality and 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 for the years eighteen
hundred and eighty-One and two''
Now, how much OF the foregoing did the
Legislature intend to propose as an amend-
ment to the Constitution? Simply to strike
out the word majority" wherever it occurred.
and insert IN its place the word plurality, The
clause relating to votes cast and returned for
Governor at the September election, was not
proposed as an amendment and was not in.
tended or submitted as appears by the folio w.
ing Resolved that the aldermen of cities Sc
lect men OF towns, and the assessors of planta-
tons in this State, are hereby empowered and
directed to notify the inhabitants of their re-
spective cities, towns and plantations. in the
manner prescribed by law, at the annual NEE :
ing in September next, to give in their votes
upon the amendment proposed in the forego-
ing resolve: and the question shall be- .sshall
The Constitution be amended so as to provide
for the election of Governor by plurality in
stead of majority" And the Inhabitants of
said cities, towns and plantations shall vote by
ballot on said question, those in favor of said
voting mo- upon their ballots; and the hal
lots shall be received, sorted, counted and de-
clared in open ward, town and plantation
meetings. and fair lists Of the votes shall be
made out by the aldermen of cities, selectmen
OF towns, and assessors of plantations and
signed by them, and attested by the clerks
| and returned to the office of the Secretary of
| State within thirty days after the election.
| And the Governor and Council shall open. ex-
anime and count the same Immediately after
the. expiration of said thirty days; and if it
shall appear that a majority Of the votes cast
and returned off the question is in favor OF
said amendment it shall then be part of the
constitution and the Governor shall make
known the fact by his proclamation.
From an examination of the foregoing re-
solves it will be seen that all the amendment
proposed was to insert in said secti the
word plurality in place of the word "maior.
ity'', wherever it occurred, and this was all
that was submitted to the people. This
amendment became no part of the Constitu-
ton till it appeared that it was adopted by the
votes of the inhabitants of the State. It did
not 50 appear till the votes were counted BY
the Governor and Council. Therefore con-
tend on the 18th day of last September the
Constitution of our State was not amended SC
that plurality Of votes cast fol
Governor would elect. On that day a
majority was necessary; and if SO, the
people did not elect Governor The incom-
lug Legislature have simply ministerial duty
to perform to ascertain whether any person re-
ceived majority of votes cast for Governor. Il
not, the Constitution provides what shall be
done.