Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-03-27
SENATOR VANMETER's VIEWS OF
THE MIDDLE.
To me Editor Of the Register.

OLD FIELDS, HARDY COUNTY, W. Va,
March. Ill fear your invitation for full
discussion OF the Legislative Constitu-
tional Middle" will result in more than
you bargained for. 1t is hardly necessary
TO remark that the difficulty might have
been avoided by the Legislature proposing
an amendmant changing only the time
for the commencement of the term of SER
vice of members of the Legislature, and
leaving the time for holding the general
election to be changed by the next Legis-
lature, as is provided for in the existing
Constitution. But it is done and the diff
Guilty is upon us and has to be
met, whether it originated in Legislative
oversight or arose out of Constitutional
provisions over which the Legislature had
no control. The policy OF submitting
proposed amendment to vote of the peo-
pie at q general, instead Of a special cleo.
ton, admits of grave doubts, and in this
instance is the cause of our trouble. The
constitutional article xiv section 2 pro-
yides that 'if a majority OF the qualified
voters ratify the proposed amendment, it
shall be in FORCE from the time OF such rat
ifcation." II ratified on the second Tues
day of October, 1884, how can 1t be in force
from that time, if we have to wait till jan
Uary, 1885, for the Legislature to convene
and pass an act giving it force and vitality?
II ratified at that election by the terms of
the constitution an | the voice of the people
it will be in full force from that time, fixing
the Tuesday after the first Monday of No
yember as the day for the general election,
| in place Of the second Tuesday of October,
until otherwise provided by law. Its rat
! iicaction at that time makes 1t as much q
| part Of the Constitution as any other part,
| and sIpercedeS the election Of officers
| elected at that time and renders IL Just as
| necessary TO elect such officers on the
| Tuesday after the first Monday in Noyem-
| Der, 1884, as in any subsequent year. The
| question is not so much what was the
| intention of the Legislature, as what will
| be the intention of the people in ratifying
an amendment cOuched in such plain
| language as to admit of but one
construction. In fact, it does not
| call for construction. 1t is only the sur
rounding circumstances that call for con-
| Struction. The nearnesS OF the two days
named connot alter the case nor have any
weight in deciding the force of the amend
| ment. II the Legislature could not by any
| possibility delay the taking effect Of the
| proposed amendment for one moment after,
| its ratification, in the face OF the constitu-
tional provision that it shall be in force
4 from tnaL Lme, now can II De CldluloQ tn9t
any former Legislature by an enactment
would cause such delay. Were not State
officers duly elected and duly installed,
and having served only a portion of
| the time for which they were elected
| ousted from Office by the ratification of the
new constitution of 1872 by the same SOW.
ereign power, that will rstify the proposed
amendment? And if so, why may not the
| same officers, elected, but not installed, be
ousted by the same sovereign power? To
my mind the safest, cheapest and best way
| out of the "muddle" is to hold q constitu-
tiOnal election on the Tuesday after the
| first Monday in November, 1884, il the pro.
| posed amendment is ratified on the second
| Tuesday Of October 1854 Very respectfully
| JOSEPH YAsAETER.
Since writin!- the above, nay attention
/ has been called to the article of C.. W.
Daily, ESQ, of Mineral. Admit for argu.
ment sake, that il was the intention of the
| Legislature that the amendment should
not be in force till after the November
election 1884: il that intention had been
expressed, BY way of q proviso TO that
effect, it would not have prevailed against
/ the provision of the constitution. Add
| go even further than that the people them
selves could not, by a majority vote at the
| polls, make such provision effectual with
| out first amending section art II of the
constitution. J. V.