Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-03-09
THE DYNAMITE AMENDMENT.
Views OF . Member Of the Legislature
That Adopted It.
T.. Al ..Ea a..

KEYsER, w. VA, March 6.-I have
followed with some interest the discus
sion in your paper as to the effect upon
our election in 1884 o. the amendment
to the constitution agreed to by the Leg
islature, and l am unable to see any
good reason to apprehend the trouble
feared by the REGISTER. l desire
briefly to present about the same point
made by Senator DonehOo, in some
what different shape, as follows: The
language of the amendment is, "the
general elections Of State and county
officers and members of the Legislature
shall be held on the first Tuesday after
the first Monday in November, until
otherwise provided by law" Now, it
will be seen that this amendment, in
stead of instituting something new in
the way of elections, or of providing
how often they shall be held, or of pro-
viding for n special or additional elec-'
ton in 1884, proceeds upon the recogni-
ton of our general elections as they
are, or may be provided for, and mere
" fixes the day aud month for holding
them as they may from time to time
occur. Now, il seems to me the COM
mon sense view Of the matter is this:
This amendment, recognizing general
elections as part of our State machinery,
and necessary part of it for the adop-
ton of the amendment, aud merely
A. Il, s., h,l nlnnFinnu
and not attempting to make any more
of them, must in the very nature OF
things and from the very language OF
the amendment be restricted in its Oper-
atoms to general elections taking place
in the ordinary course of events after 1t
becomes operative. What is there in
this amendment that shows any intui-
ton to give it retroactive effect, so
that it may operate to set aside an cleo
ton held before it became operative?
When this amendment becomes opera
tive the election of 1884 will have
taken place, the State and county
officers and members of the Legis-
lature will have been elected for their
several terms of office, and there will be
no election to be affected by the amend
ment until 1856, before which time the
Legislature will have met and passed aH
act putting the amendment into opera
ton. 1t would be most remarkable If
the adoption of this amendment with
out express words to that effect should
operate to avoid an election held before
il became operative. To give 1t this
effect would be to make il part and
parcel of the constitution before its
ratification, and besides to make it a
sPlf-eXecuting provision of the constltu-
ton before its ratification. 1t seems to
me, therefore, that taking the amend
ment alone il is plain that one election
only, and that in October, will be held
in 1884, and / cannot understand how
there can be two opinions, when We re-
member that sec. > of article Ii of the
constitution requires that every amend
ment must be submitted TO the voters
of the State at the next general election
afterit is agreed to by the Legislature.
That next general election is in this in
stance in October, 1884, and at that cleo
ton officers will be elected to till the
State and county offices for terms OF
from two to four years, and there Will
be no occasion for another general cleo
ton until 1856. And further, this
amendment can be submitted properly
at that October election only because 1t
is q general election, and these various
officers will be then elected. That con-
stitutes it q general election; and yet
we are told that the adoption OF the
amendment at that election invalidates
the election, and it goes for naught ex-
cept as to this amendment; that in fact
by the adoption CT this amendment the
election Is stripped of the very feature
viz, those that made it q general elec.
tiOnl that made it lawful and proper
that the amendment should then be
submitted to the voters Of the State.
The validity of the election in October,
1884, asa general election is necessary to
the adoption of the amendment, and II
does seem to me to be utterly
without reason to say that the
sdoption of this amendment shall
operate to avoid the very election
that gave it life, and when it was sub
mitted at that election because 1t was
general election Of State and county
officers, and when that submission was
in accordance with provision OF the
constitution requiring it to be submit
ted at q general election, scarcely
meaning, presume, general election
at which nobody was to be elected pro-
yided the amendment should be adopt
ed. II seems to me that the language
of this amendment can not be tortured
into meaning what the REGISTER
claims, and that the plain common
sense construction is what have
Very respectfully,