Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-04-12
A MARES NEST.
Another Installmsnt Of Amend.
ment Literature.
EASTERN PANHANDLE HEARD FROM
An Exhaustive Review of the Matter in
Which the Writer Holds that
No huddle Can
Exist
To he Editor Of tAs Rs1istrr


dynamitical muddle, or whatever you may
call it, which seems to be convulsing our
State and to stir up the regions beyond our
| confines. am glad to state that we over
here in this trans-Allegany (trans-Alpiue)
Panhandle are generally of one mind and
in accord with our able and clear-minded
Governor and see no muddle which little
reflection does not dispel. We are much
surprised at the position taken by that usu-
ally sound and painstaking lawyer and good
man, Daniel Lamb, ESQ, who sticks to the
mere letter of the amendment and thus
| sticks in the bark without having examined
| into the substance, but he seems to have Q
| distaste for the question. Venture the as
sertion, however, that were he employed
professionally to investigate and deliberate
on the subject, his mind would lead him to
| a different conclusion from the one indicat.
ed as his. ! doubt il he can be said TO have
reasoned up TO any conclusion, but has as
| yet mere floating mental impre ssion and
| no well formed opinion on the subject
The Consultation.
In 1872 our present constitution was
| adopted with a protocol or schedule de-
| signed TO set in operation the machinery OF
| both provide in terms that the legislature
shal pass all laws necessary TO carry this
constitution into full operation and effect.
Constitutions are usually full of
terse general expressions, forming the
mere skeleton OF the government designed
the outlines of which are generally 10 be
filled up more or less by legislation and
hence the importance of such a provision
and 10 say the least, such provision must
be understood, if not expressed; and from
the nature OF the case, there arises more
necessity for application of the established
rules of construction TO constitutions than
almost any other instruments OF writing.
The constitution provides for
The Election Of Officers
for various terms, some for two, some for
four, six, eight and twelve years, respec-
lively, and Article 4, section &, provides,
that all officers elected under this constitu.
tion shall continue TO discharge the duties
of their respective offices until their success
sors are elected and qualified, that is for
their full terms unless they be removed
from office for specific causes, to.wit: Off
cial misconduct, incompetence, neglect OF
duty or gross immortality, in such manner
as may be prescribed by general laws. 1t
is also provided that "the general election
of State and county officers, including
members of the Legislature, shall be held
on the second Tuesday OF October" not
fixing any year-not of every year-but
evidently requiring and contemplating
these elections to be in progression OF two
years, to meet the falling in or recurrence
Of the terms fixed to the various offices,
and so intent is it to secure the regular re-
currence of the years Of these general cleo.
tions and terms OF Office, that the constitu.
tion provides that a vacancy falling short
of a full term, should only be filled for the
unex pired term by appointment, &c. Now
the schedule, which Is adopted by the people
and is OF as solemn force as ony other part
Of the constitution, fixes the beginning
Of these progressive elections, In the year
1872, (4th Thursday in August Here We
have a starting year which must control
the recurrence OF these general elections
for all future time, or until radical reOr.
ganization of the Constitution is made, in
order to suit the plan, design and organiza-
tion of the official system of the State. In
constituting the Constitution. or any amend
mtnt thereto, of course the whole instru-
ment together, and every part thereof,
must be looked to, otherwise you will de.
stroy its harmony and cripple its operation.
And it may be safely laid down as rule,
that whenever anything is a fair inference,
or violent presumption, lone OF those
Coke and other lights of the law, from the
whole ground work of the Constitution,
then the thing TO be thus presumed be.
comes per force as much part OF the Con-
stitution virtually as il it were therein set
down in so many words. So the State hav-
ing started its general elections in the year
49,, and the Constitution schedule and
laws requires the recurrence Of
These General Elections.
once, and once only, in every two years,
that is every other year and in the years
that are even in numbers. How has the
Legislature power been exercised in this re-
gard under the Constitution? That body
in 1872, and again in 1852, recognized the
constitutional provision that these general
elections must occur on the second Tues
day in October, in the very first section OF
the act of each year, and in the second sec
ton thereof 70 on 10 provide for these gen.
eral elections every tive years naming every
even wear down to 1888, setting forth what
officers are to be elected each election year
and provided for the recurrence OF the
elections for the particular officers as their
respective terms Of Office expire in the fu-
ture. 1t is certainly repugnant TO the
whole constitution and laws, that more
than one general election should occur in
any election year. So plainly denied, as II
so many words. So it may be laid down
ss forcibly beamine forth from the whole
face of our constitution, in illuminated
characters, the following provision, to-wit
There shall be general election OF OIL
GERS once in every two years 10 be held on
the second Tuesday in October, commenc-
ing in the year 1872 and 50 TO continue In
every year OF even numbers thereafter
and no two such general elections shall
fall in the same year, nor two sets o! OIL
GERS elected in any year.
submit that the insertion or interpreta'
ton of these words in the constitution
could not make il palmer than it Is now,
and the Legislature and constitution to-
gether having fixed when any particular
offices are 10 be filed, in what year and
their terms and the recurrence OF these
elections and terms, the whole system is
complete.
The act OF 1892 section 2, provides in
these words, in accord with the constitu'
ton, that in the wear Iss2 and in every
second wear thereafter, two delegates and a
Senator from each district and Commis-
sioner of the County Court for each county,
and in the year 1854 and every fourth yeay-
thereafter a Governor, and in the State and
county officers are to be filed, providing
for ali offices that regularly fall in or ex.
pire in that election or termal
year and even for termal years 70 ioiloF
So il is irrevOcsbly fixed by the eonstitu.
tion and laws that on the second Tuesday
in October, in the year 1854, certain officers
named are TO be elected. There is now no
power in the government to stop or change
il, but one that is under art IA, sec. ! OF the
constitution a convention might be called,
and, with indecent haste, q new constitu-
ton might be passed then and adopted as
to provide change. The Legislature can't
make the change Of itself. II il not 9 con-
stiiution making power. The people can't
do il by an amendment under art II, sec.
2, ss is now proposed, or msddingiy sup
posed 10 be proposed, because there is not
lime TO accomplish the end lawfully.
This Amepdneat
10 change the day in the election years
under the existing constitution, vas pro
posed by the Legislature to the vote OF the
people At the general election 10 be held on
The second Tuesday in October. 1924, in order
fnot IN change the election on that day,