Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-03-10

being repealed or modified beyond the ex-
tent of the conflict, fixing the yedys in
which such elections shall be held and pro-
yiding all the necessary machinery Tor
conducting the same and ascertaining and
certifying the results.
This conclusion fellows even IL the Gov
ernor is correct in his opinion that the
amendment will not be operative proPrio
pi1ore without some legislation on the sub
ject as here we already have the nseesdry
legislation remaining in force. because not
repugnant The Governor cannot mean
that IL is necessary to re-enact In the form
of statute the constitutional provision
itself before IL becomes operative, If the
law now in existence, or TO be passed, is so
framed as TO carry into effect and operation
what is required by the amendment
Taking this view of the question, it be-
comes unnecessary to discuss the cases re-
ferred TO by the Governor, and Twill only
refer To one proposition laid down by him,
and in which he seems to me to be in error,
and that is that where a provision of the
constitution laws q command upon the
Legislature to give to it force and effect by
provision OF law in no case will such con-
stitutional provision be operative until
that command is obeyed. Take the case
of tie constitutional provision in re.
gard 10 judgments had against parties for
acts done according to the usuages of civ
ilized warfare, as to which the constitution
states the Legislature shall provide by gen.
eral law for giving full force and effect to
this section by due process OF law" AS
you know our Court OF Appeals in 10th
w. Va. held that notwithstanding this
command upon the Legislature this section
operated proprio rigore without any legisla.
tive action whatever. 1t therefore de-
pends upon circumstances, the character Of
the provision, the objective view &C.,
whether the rules that apply to one case
will govern others.
Again, the Governor may be right in the
opinion that no elections provided for in
the constitution could be held unless the
Legislature provides the law for holding
the same, but if he is there is danger to
cur Republican governments which has
not been apprehended. The constitution
provides that the State officers shall hold
their offices until their successors are elected
and qualified. Can it be that a partisan
Legislature may perpetudte in Office its par
tisans by repeal Of one section OF the
election law? II this is true the constitu-
ton does not furnish those safe guards Of
our liberties, which we have always be-
lieved it did. In conclusion allow me to
express doubt as to whether you are cor
rect in your opinion that an extra
session OF the Legislature can
clear up this middle. The constitution
is emphatic in declaring that after the &C
ton Of the Legislature provides for such
cases. the proposed amendment shall be sub
mitted to the voters for ratification at the
next general election. Will the usual rule
that a law passed by the Legislature may
be repealed by another apply to the
case Of constitutional amendment, or is
the Legislative fuactIts OffriO and the whole
matter then in the hands Of the voters
alone? The constitution only provides for
submitting proposed amendments, but
is silent as TO the power to rStract after
the result has been entered on the journal
do not mean to express an opinion upon
this question and only suggest it for discus.
sion that the proper light may be furnished
by the 'luminaries of the profession. If
possible an extra session of the Legislature
should he avoided, and the best way out of
this d fficuity is to vote the amendment
down and have one in proper form submit
TED al the election of 1886
s. L. FLURNoY