Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-04-05

uOn III the Slhtet duu ucCiaRS the oAN
by proclamation published in some one
OF more newspapers printed at the seat
of government 1.-THE majority OF the
votes cast at said election be for ratiti-
cation the said proposed amendment
shall be Of force and effect from the time
of such ratification, and be part and
parcel of the constitution of the State
in the place of section 7 Of article as 1t
now stands"
Now whether this muddy act shall
be interpreted to mean that the certih-
Gates ''shall be laid before the Gov
ernor rs soon as practicable" after the
election or "as soon as practicable" after
the 18th day has elapsed, may be a
question about which grammariars
would differ.
Twenty-Five days is long period to
postpone the ascertainment Of the result
of the vote. 1t is safe to say that the
people viii know as certainly Is If the
result had been declared officially, that
the amendment has either been ratified
or rejected, within ten days or two
weeks after the election. And when a
measure becomes law it is law whether
the people know it or not, as many
man has learned to his sorrow.
Suppose, therefore, that acting upon
their information from unofficial sources,
and having ascertsined that majority
have voted in favor of ratification, they
proceed to hold another election in No
vember, will Judge FERGUSON main
tain that if the November election were
otherwise legal, that the mere absence
ofan official announcement Of the adop-
ton OF the amendment, would inyali-
date the November election?
Does not the amendment, whenever
the result is ascertained and declared,
become "of force and effect from the
time Of It's ratification"
Will Judge FERGUSON maintain that
q mere derelictisn or premeditated NAL
feasanee of the Governor could defeat
the amendment?
Will he maintain that if the amend
ment really received majority vote
and the result was not and could not be
officially ascertsined by the Governor
for twelve months or more it would not
still be valid part of the constitution
having force and effect from the day Of
its ratification?
Can the Governor defeat the will Of
the people in a matterof this kind by a
neglect or refusal to execute mere for
NAL act?
Suppose two candidates for office who
have been voted for on any day legally
established for an election, go into the
the courts to contest the election, and
X is ascertained that the Governor or
other proper official has neglected
within the required time, to ascertain
and declare the result of the election.
will the courts, for such reason, declare
that no election has been held, or that
it is impossible to decide the election
until the Governor or proper official
chooses to act, or will the court not
rather examine and ascertain for itself
from the certificates ofelection, who has
received majority of the votes and put
the proper person in possession Of the
office?
The proposed constitutional amend
ment is a distinct and independent
proposition; it is submitted to the peo-
pie without any conditions or contin-
gencies regarding the proclamation of
the result of the vote; the organic law
makes it take effect from its passage;
the people vote upon the merits of the
measure; if they adopt it, it will be
valid, subsisting part Of the constitution
from that day, and no mere act Of the
Legislature, no delay in ascertaining
the result, no bungle in the provisions
| for declaring the result, can defeat the
will of the people, or post zone The
operation and effect of that will one
moment after the day its ratification.
The people and their organic laws are
higher than any legislative enactment:
higher than any bungling statute;
higher than any derelictiOn of officials,
and there is no power in the State, but
the people themselves, that can prevent
the amendment going into operation
from the day of its ratification if ma
jority of the people declare in its favor
at the polls.