Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-03-13
THE DT MANTLE AMENDMENT.
mr.. FIeurnoy's Reply to Judge Nor
row.
Estitor Wheeling Register.
DLNrsr,,,- Nj q.


EsiitOr HheeiI,G RcqiaSr.
RoNSEY, March 5, 1883.
After mailing my first communication
to you the REGISTER of the eth came
to hand containing Mr.. Morrow's dis.
cuSSiOn of the muddle, and considering
his presentation of that side Of the
question, perhaps the most forcible that
can he made, desire To add TO my for
mer article, if it has not been published
when this reaches you, the following
views upon the new points now made
with such vigor and apparent logic:
MIR. Morrow dwells at considerable
length upon the question of the intent
of the Legislature upon this question
and by showing the incOnveniences,
the disorders and disasters which would
follow from the construction claimed
10y those opposed i'm opinion to him,
satisfies himself that such construction
cannSt be the true one. Now the rules
|, which permit the reference to other
sources for the intent, or that permit
the argument al i3cOBrcTiCnf to have
influence in construction are we'll set
tied, and such resort to eXtrinSic cir
Cum>tanCeS can OHiy be had where the
provision itself is ambiguous and never
where the meaning is plain. Aud the
same thing is true a. u the objects to
he attained, the purpose in view.
These have great weight in eases OF
doubtful construction, but none
whatever when the meaning of the
words used cannot be- mistaken. We
might admit that the Legislature would
never have created this muddle if they
had suspected for a moment that they
were doing so, but the measure was
rushed through without discussion OIL
amendment, and however haSty or un-
wise their action may have been, We
must first decide that the natural inn
port of the language used leaves Il doubt
as TO what IL means before we resort to
these eXtrinsic aids of construction. In
| CoUley's Constitutional Limitations,
page -, note ?, the rule is thus laid
down: 1--WE agree with the Supreme
/ Court Of Indiana that in constituting Con-
stitutiOns, courts have nothing TO do
with the argument oh McOHreHiCRf, and
! and should not level the Constitution to
| suit the law of the hour 1t is highly
] probable that Inconvenience will result
from following the Constitution rs II Is
/ written. But that consideration can
/ have no force with me. BelleY-
inc as do that thr success of free in
sllyutious depends upon rigid adher-
D. euce To the fundamental law, L have
never Welded to considerations of eN-
Iedirucy i'm eXpOuuding it. My
. ru.r las ever been u follow the mnda-
mental law as n is 5"fjf'"H, regardless oil
. consequences"
Mr.. Morrow seems 10 admit that the
proposed amendment is not ambiguous,
2 ANA that being conceded, the authority
4 referred to fOrbidS a resort GiiRHIC fol
7 the intention and requires lis enforce
ment, no matter what Inconvenience
or disasters may result. But the point
which Mr. Morrow considers conclusive
/ Ofthe whole matter is, that If the ratlti'
cation of the amendment will require
another election in 1851, it will thereby
invalidate the October election, and de-
/ stroy it's character as a general election,
and thus devOur its own source OF eX'
istence and itself die by combination
of parrieile and suicide. Now when
YOU consider the question, unobScured
by the glare of Mr.. MS feliCitOus rhe'
t0ric, the amendment will not be found
10 he such a nihilis5 with its pockets
! filled with this imaginary persuasive
| dynamite as he would have you believe
. The only constitutional general election
nCJr provided for is the October one, and
| there can be no question that II mus
BE- held and the officers provided for III
the Constitution be then elected, and
that they will be legally and Gonstltu'
tionally elected, notwithstanding tnG
adoption of the amendment. InlS
amendment does not, like the COnstitu-
ton of 1872, operate SO as to INCLUDE the
dav of the election, but only becomes a
part of the Constitution from the date
disqualification, therefore, the adoption
of the amendment does not deprive the
2rd Tuesday of October of its character
of "a general election" 1t is nothing
of a boomerang that is so harmless to
the foes i'm front but destructive to the
friends behind, but it shoots straight
from the shoulder and whatever dam
age it does is from and after the polls
close in October, 1854.
After the closing of the polls then We
will have the amendment liking the
first Tuesday of November and the ac
of 1882, modified to the extent OF III
conflict" fixing the year 1854 for gen
eral election, and all the machinery
for conducting the election In proper
time for use and the question VIII tneA
be presented to the citizens and voter'
of the State, "what are you going 10 dc
about it,"
Will it do to say tive have held ont
general election this year and have
Iull set of officers already elected auC
ready and anxious to qualify, and there
is no necessity for another. There Is M
cds.ts for this election. Let the consti
tuition and law remain dormant until
lSS6?'
The constitution and statutory Law
will imperatively reply, the genera
elections of State and county officers
and of members of the Legislature
shall be held on the Tuesday next ate
the first Monday in November and q
the said election IN the year 1881 ther'
shall be elected o Governor, STAT
Superintendent of Free Schools, &C.
&c." and If the officers elected II
October are not willing to put them
selves again In jeopardy, there VII
doubtless be found other patriotic anC
self.sacTifieiDg citizens resdy to one
themselves up on the affairs OF thei
country, and IL then elected will o.
found contesting the right Of these Octo
Der people to the offices, and perhaps o.
the use Of some of Mr.. Morrow's legs
dynamite and persuasive will explode
the claims Of these other gentlemen.
Just here Is where / fear this EXPLOSIVE
material, and not the day OF the Octooe
election, as Mr.. Morrow supposes, ant
when it comes very much fear tina
the petitio priRcipii of '1no eas,Is for tin
second election" may not prove bomb
proof against it, for 1t seems to me tha
In the event of two elections the sam
year for the same officers those in who's
3 favor there had been the last expires sio
Of the voice Of the people would hav'
Il the better title, and the Others be super
= seded by them upon the same prinelpl
; that the Constitution of 1872 would o
J superseded by the amendment IN tn
particulars set forth in 1t. Section
) Article of the Constitution declare