Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-02-02
PROHIBITION..
The Order or the Day.

4 FhOhlhkHtVN.,
The Order or the Day.
The time having arrived for considering
| the proposed amendment. the Speaker so
| announced, but on leave, several petitions
| were presented asking for its passage, as
| follows:
BY Mr.. McCord: from ia citizens OF
| Brooke county.
BY pr. Davis: from 600 citizens OF Harri-
son county.
BY Nr. Hobbs: from 2s7 citizens of Han
SSss & 4a1H S1l H..ssrz,tp~ % siss.ss.ss ss
By Mr.. Siler: from 80 citizens OF Morgan
| county.
By Mr.. Steere: from so citizens of Pleas
ants county, and the United Brethren Con-
ference of West Va.
/ BY Ferguson: from the United Baptist
Church OF Wheeling.
BY Mr.. Ferguson: From 23 citizens Of
Ohio county.
By Mr.. Ferguson: From 1857 citizens
of Ohio county.
By Mr.. MAXWELL From the Seventh
Day Baptists of West Virginia.
The CasI 70 Arms.
The clerk then read the proposed amend
ment, as follows:
House joint resolution No. s, proposing
an amendment TO the Constitution Of the
State.
Resolved. by the Legislature of West
Virginia, two.thirds of all the members
elected to each House agreeing thereto.
that the following amendment to article
of the Constitution of this State be and the
same. is hereby proposed, to wit: That Sec
toni of article of the Constitution, as it
now is, he stricken out, and the following
inserted in lieu there
go. The manufacture md sale Of intox-
icating liquors shall be forever prohibited
in this State, except for medical, scientific
and mechanical purposes; and the Legisla-
ture shall enforce this section by appropri-
ate legislation"
Mr.. Hubbard thereupoH inaugurated 4
preliminary skirmish by offering the fol-
lowing amendment to the-pending reselu-
ton:
Hubbard's Anne enssment.
Strike out the words
Resolved by the Legislature of West
Virginia, two-thirds of all the members
elected to each house agreeing thereto that
the following amendment to article Of the
Constitution of this State be, and the same
is hereby proposed, to-wit:H
And insert in lieu thereof the words:
Resolved by the Legislature of West Nir-
ticle 6 of the Constitution of this State,
having been read on three several days in
each house, is agreed to on its third read
ing, two-thirds OF the members elected 10
each house SO agreeing; that is TO say
Mr.. Hubbard explained that the effect of
his amendment would be to bring the reso-
luton within the terms OF the Constitu-
ton, by showing that two-thirds of the
members had agreed TO the amendment, as
well as agreed to submit it to vote of the
people. He said that the Constitution does
not contemplate submitting an amendment
to the people because majority or minor
ity of the people had asked it, but because
the Legislature had agreed to it. One con-
dition of its submission to the people was
that tyo-thirds of the members OF the Leg
islature had agreed To the amendment sub
mitted. Otherwise at every session of the
Legislature there might come in petition
from the people asking the submission OF
all amendment TO a vote and the Legislature
would submit because ii was asked.
He read from the second section
OF Article II of the Constitu-
ton to show that this was the
rroper construction to put upon it. There
we're two things to be done in proposing
an amendment: First, that two-thirds OF
the Legislature agree TO the amendment,
and that they agree TO submit il tu a vote,
and it must appear on the journal that two
thirds had so agreed.
The other Side.
Mr.. Ferguson. replying to MI. Hubbard,
said that he was under the impression that
the resolution had already been ordered TO
its third reading, and was about to raise a
question OF order, but found that it was on
its second reading, and he would meet the
question raised by Mr.. Hubbard.
lie said that If Mr.. Hubbard's amend
ment were adopted it would not prevent
the Same things occurring that he said
might occur without il. This considera-
ton does not i'll any manner affect the res
OlutiOn.
TIc said that the friends of the amend
ment
DO Not Intend "a. Debate IL
unless dawn into it by its opponents. We
take it for granted that every man has
made up his mind and is ready to vote.
In reply to Mr.. Hnbbsrd's position, he
compared the provisions of the constitu-
tions OF 1863 with those of 1879, showing
| that they were identical, except that on
used the words leach branch" and the
| other each house." and claimed that this
was all that had any relation to the matter
| in question. The principle is established
| that where the praclice OF one Legi stature
| is followed andacquiescedin, that it makes
| subsequent action in the same line, valid.
He showed that the practice in adopting
| amendments heretofore was the same a.
tl,at proposed in this case. He cited all
The. Precedeuts
| in CASES OF amendments offered 10 this
| Constitution, and asked il the amendments
heretofore adopted were not valid
He understood that the object Of Mr..
| Hubbards amendment was 10 declare that
| the members could not vote for the sub
| mission of the amendment to the people
! without committing themselves to sup
| port il at the polls.
| Would any member OF the House assume
| the position, he asked that because he was
| not willing 10 agree to the amendment, he
| would not submit il to the vote OF the peo'
| pie? He thought there were few mainbers
| who would ever come back here ii they
took that position.
He said that large proportion OF
The People Ask IL,
and he wo,tld vote TO submit it, and would
! do so whether he approved it or not. That,
he claimed to be his duty as representa-
MIR. Beekwith said that he did not desire
| To be misunderstood in his vote. He had
| beep under the impression thai
i'm voting TO submit thS
amendment, he would simply vote upon
proposition to submit, but upon considers
ton he was OF the opinion now that in 81
voting he would also approve the ainend
| ment
He said he would probably vote 20 sub
init it, but members who so vote must no
be under misapprehension. He believed
that the constitution did not contemplate
that the Legislature is TO
Go Through the Idle Form
of submitting an amendment unless il ais
approves it. The object is to get the sentI
ment of the Legislature whether the prop
osition ought 10 become the organic law
aud he did not see any necessity for amend
ing the resolution. lie believed il 70 .
sufficient as originally offered TO indicat
that when the Legislature votes to submi
il also endorses the proposition, ana ia
that reason he was opposed to Mr.. HUI
bard's amendm ent.
Mr. Hubbard further agreed that II wa
impossible for anybody to mistake IN
purpose of the original resolution; that
voting for il required anything more tina
their consent to its submission to the pc
pie. and replied to the precedents presen
ed by Mr.. Ferguson.