Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-04-12

the whole fabric OF the government and
q so the amendment changing the general
election day to November in the future ~
curing election years. Certainly not fol
the year 1884. for il could possibly be
Construed 10 have that effect il Is suicide
and falls to the ground. The only effect IL
can have in oruer 10 preserve its own be-
i1g is to act on the elections Of future re,
curing election years. 1t must be clear 10
every mind that such was the sole inten.
tion OF the Legislature, and will be Of the
people il they adopt il, and indeed is the
only legal effect it can have-it is either q
suicide or ef that effect. II the Legislature
bad had any other Intention than that the
day for future election years should be
changed how easy would it have been To
have added
A SehedaIe or Prstecal
TO the amendment 10 declare such other
purpose, 10 provide for the removal of the
officers elected in October, and providing
that these offices should be filed in No.
vember, 1884. The section q, article 4
could have been repealed and that and 9th.
er clauses which control the term OF otlioe
could have been modified. Nothing Of
this sort was done or intended TO be done.
So the officers elected in Octoosr, lSS&,
uuucE TUG CiduScs, uOlu tuciT
until their successors, not substitutes, are
elected and qualified, unless sooner re.
moved for the causes named in the law.
The idea of suicide by the amendment
brought out in other terms by my able
young friend c. w. Daley, of Mineral
county in bis very able article in your
paper Of the 9th of March, and l wholly
subscribe TO his views.
This letter might stop here with an argu.
ment completed from its own standpoint,
at least suggestively, but there are various
other considerations that are appropriate,
some OF which beg leave to sllude to.
am fully aware OF the legal fiction. that
there is no fraction Of o day, and that in
some cases, in order to effect q policy OF
law, to secure the full eii-c. OF the act done
and promote justice, what has been done
on a particular day, by relation, Is pre-
sumed 10 have been done at the first mo,
ment of that day. But these fctions OF
law cannot be always applied and are never
TO promote mischief. Apply it to the cleo
ton of the amendment here, does it not as
well apply TO the election OF the officers
and that must bring them in abreast. But,
suppose the absurdity is insisted on. that
il effects the amendment alone. then the
general election day CT October 1884, stands
per force it ceased to be an election day at
one second past II o'clock ". Of that day,
and at sunrise there could be no general
election, the day being changed In advance,
nor could the people then vote for any
amendment. The amendment is nullity.
! have always found those who deal In these
very nice teChnicalities should be very
thoroughly grounded and sound lawyers
nd wide awake thinkers, or they got their
fingers burnt. So ] won't venture further
with this, but drop il in all its naked alb
urdity, merely remarking it Is mares
nest, and that our statute law expressly
limits that election not TO begin before
sunrise and TO close at sundown. And 1t
seems TO me, with equal steps, the two
proceed and are consummated at
the same instant Of time-only at sun
down.
It's Insisted,
however. that the amendment if elected
will be doyelailed into the Constitution
prior to November 1874, and there must be
u general election in November. because 1T
is so nominated in the bond" before No
vember. Ii is true all the officers required
by the system have been legally and con.
elected for the year 1881, no
places are left for any other-no change OF
provided for the removal OF
the October officers, but the Constitution
provides expressly for their service TO the
end of their terms unless removed under
the provisions OF Art. : section u. Yet the
OF an election in November
Will have TO be proceeded with 10 satisfy a
certain literal Interpretation Of the Consti.
tuuOn as il will be amended. II seems TO me
"aIl leather and prunelln.n Ii breaks in
upon the whole ~ stem Of our government;
il vas never dreamed OF by the Legislature
in proposing the amendment to the people,
and cannot be effected bv the people in
adopting il. II there can be the least doubt
about the meaning. II ~ merely because
the amendment is inartitiCially drawn and
the general rules Of construction must be
applied and the true, reasonable. sensible
meaning OF il ascertained in view OF the
which Constitution and acted on. IL the
officers of October take possession OF their
offices there can be- no difficulty whatever,
they will be dr iarto officers and their acts
all as good as dc jUrc officers until removed,
which never Will be attempted | warrant
before their terms expire.
These rules OF construction must pertain,
they are numerous and are
the compound distilled wisdom
OF the world they have pervadcd
all ages and countries. and all the usnssc.
tions Of life. They apply 10 Holy writ,
Statutes, Deeds, wills &c.
Ttey have heroine the necessities OF the
Courts and the implements OF all men, and
the every day modes by which the various
We bs Of life's inrrCaCies that arise IN the
tangled affairs Of men are unraveled. Con
slilutions are higher laws than statutes,
T., d both are laws. The difference between
them is chiefly that one is more difficult
10 he altered than the other, but as stated
before. the C0n,t,tuiiOn being in genera
terms and fOrnIinga mere skeleton 50 ~
20 spesk they become necessarily the
mere frequent subjects oi construction
than almost any other instrument OF
writing. In the construction OF all the
nsmed.
The Polar Star
is simply the initiation.and design OF the
parties and trainers OF the instrument,
" hat was intended And another maxim
is that he that sticks TO the letter sticks
IN the bark" and / will add, never reaches
The kernel OF the nut. The cases quoted
by the Governor McMorrow and the Law
yer OF Ohio, are illustrations Of these rules.
| illustrations are. given by Cicero and In all
ages. will mention an ILLUSTRATION which
runs under our own Constitution. The
Art, o. the bill Of rights 10 the Virginia
PROVIDES "that no man snail
be deprived OF his liberty, except by the
law OF the land, or the Judgement OF his
peers" In this country can only mean
verdict Of jury and this provision fits In
with the provision that in criminal cases .
man must be indicted by grand
Jury and tried by petty
Jury. The 5th amendment 10 the
Of the United States provides
that no person shall de deprived Of life,
liberty or property without due process OF
law and leaves OFT the juryL Now our oon.
intending 70 embrace the wisdom
Of these provisions for our protection. pro.
yid.s, mo person shall be deprived Of life,
liberty or property. without due process OF
law snd the judgment Of his peers" III
this provision should receive literal inter.
pretation' what would become OF the Court
Of Chancery which has no juriss? How
would you bring m execution under Us
decree, or how would the sheriff pro-
ceed to levy for taIes7 Bat the construc-
ton is arrived at by looking beyond the
letter and by changing the and" into "or. y
IL then becomes like the
virElais Ball sf Rsghts
and all difficulty is avoided. This Ltera'
ton Is universally acceded to. IL Is m
oversight, and the connection becomes Z
necessity to avoid an absufdity - In the