Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-03-10
THE DYNAMITE AMENDMENT.
A weII-Argued Opiniou ON the Amend.
ment MuddIe.

To he Editor Of The Register.
RoMsEY, w. Va, March 6, 1Ss3.-WIth
great respect for the opinions of DIR Gov.
ernor upon the constitutional question, |
must yet beg leave, with becoming modestY,
10 express the opinion that the one which
he has given upon the effect Of the ratitica.
ton Of the proposed amendment is not
sound, nor sustained by the arguments
which he has made in its support.
II the constitutional amendment and the
act Of 1882 will stand together, except to
the extent of their repuguanCy, then the
foundation Of the Governors position is
destroyed and the whole fabric falls. In
his second article the Governor practically
admits this, and therefore labors to sustain
the proposition, that at no election to be
held under the amendment can the mqchin-
cr1L provided by the act Of lSS2, be used
but that another act must be passed for
that purpose before the anne lment be-
comes operative at all.
For the sake of the argument, suppose
that after the amendment is ratified, and
before the first Tuesday of November, 1884,
the act OF 1882 is amended by the Legisla-
ture by simply repeating the first section
and enacting in lieu thereof the following:
The general elections of State and coun-
~ officers and of members Of the Legisla-
ture shall be held on the Tuesday next af-
ter the first Monday of November" would
not the act of 1882 then be fully ads-
quate in all its provisions to carry into full
force and effect the amendment aud would
not an election be held hereunder in NJ
vember, 1882 UnquesLionably it would.
And yet you would only have put in the
form of an act of the Legislature, the very
,cOTds Of the constitutional amendment aud
nothing more. Can it be that a constitution
amendment will not be self-executing upon
its ratification, but will become so if the
legislature only go through the form Of
putting into the form of an act, exactly
The words of the amendment and nothing
pOre? Surely the Legislature are no so
much more potent than the sovereign peO-
pie rs this.
IL seems clear to me that the effect of the
ratification Of the amendment will be the
repeal Of section one of the act OF 1892, but
OF no other part of that act, and that the
provisions of the amendment will
take the place of section one
and the election machinery in complete
running order. Suppose section had new
er been enacted by the Legislature but that
all the other provisions Of the act of 1882
had become law, would the Governor claim
that no elections could have been held un-
der the Constitution of 1872 and the act Of
1882 taken togetherl Section in the words
of the Constitution with some additional
words added which do not affect this ques-
tion) and certainly adds nothing to the
force of the Constitution by re, enacting it.
That only section one of the act OF 1882 will
be effected by the amendment is clear un-
der the Constitution.
The Constitution provides in regard to
amendments that when ratified they shall
be in force from the time of such ratitca.
ton as part Of the Consultation Of the STATE"
When this amendment is ratified then 1t
becomes part of the Constitution of 1872
and all the other provisions OF that Consti-
tuition apply to it with equal effect as If it
had always been q part Of the Consti-
tuition. Now section So of article provides
that "such parts of the common law aud Of
the ld,ss Of ibis STATE as are in force when this
constitution goes into operation and are
not repugnsnt thereto, shall be and con-
tinue the law Of the State, until altered or
repealed by the legislature" This pro-
vision accomplisheS two-fold purpose (a)
by implication, il declares that all repug-
nant laws, 50 far Is repugnant, shall stand
repealed, and (bl it expressly declares thar
all Others shall c. ntinue in force.
In List VS.. Wheeling, 7Th w. Va, our
Court of Appeals states the law thus: All
acts Of the Legislature in force at the tims
the constitution took effect which are
plainly in conflict with the constitution, or
any of its parts, when rightly construed,
are Hodi6ed or repealed TO the erteat of such
conflict" II such repugnsnt laws ars only
repealed or modified TO the erte,H OF such
conflict, can il be possible that such laws,
or parts of laws, as are not repuguant, will
not continue in forcef Now make the ap-
plication. Section l Of act Of 1882, is re-
pugnant to the amendment beyond ques.
tion, and therefore will at once stand re-
pealed. On the other hand, none Of the
other sections OF that act are repugnant to
the amendment, and therefore they shall
be and continue the law of the State satl
altered or repealed by the Legislature" and
thus We will have everything necessary to
the holding Of an election provided for,
the amendment fixing the -porth and DAY
of the election, and the act OF 1892, not