Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-03-17
THE DYNAMITE AMENDMENT.
Views Of J. B. Mcclure.
To the Editor Of Ire Re1iStsr


Without citing authorities, or stating
in full the arguments relative thereto,
we believe the following to be solution
of the main question being discussed
under the amendment.
If the amendment Is ratified, courts
in constituting 1t will endeavor ito gipe
effect TO the intent of the people in adOpt-
iRgH." (COoley's Con. Linn. 55.)
That intent will be aScertained, not
alone from the amendment, but from
the whole Constitution OF the State,
and such provisions of the Constitution
of the United States which may be ap-
plicable thereto. Ibid 81.
Courts will reject narrow and tech
meal reasoning in their construction.
Ibid. S.
The intent expressed in the amend
ment itself is TO change the time of
holding the election of State and coun-
ty officers from the Second Monday in
October to the Thursday after the First
Monday in November.
The unexpressed intent as to the eff
feet of the amendment upon the cleo
ton for State and county officers held
upon the day the amendment is ratified
mast be ascertained from other proviS-
ions of the constitution of the State,
the applicable provisions of the cOnsti-
tuition of the United States and the rel
alive probabilities.
Now, under section > of article of
the constitution the amendment, if rat
flied, will go into operation on the Sec
Ond Wednesday of October, the next
day after the election of State and cOun-
ty officers. Ibid. l55; Sedgwick 1861
From this, it follows, that the cleo
ton held on the day the amendment is
satisfied will be a constitutional elec-
ton, and the officers then elected will
be officers under the constitution, with
q right to perform the duties of the
offices to which they had been elected
for the full terms thereof, and TO receive
therefor.
From this it follows that it must be
the intent of the people in adopting the
amendment If it is adopted that the
State and county officers elected on the
day it is ratified should perform the du-
ties of the offices To which they had
been elected for the full term thereof,
and to receive pay for the same. And
| that there should be no election for such
! officers on the Thursday safter the first
| Monday in November next after the
| ratification of the amendment.
First, because under prohibitions, one
! in section 10 of article ), and the other
/ in section of the Fourteenth Amend
/ ment OF the Constitution of the United
/ States, the people of the State i'm this
way cO,id not deprive these officers of
their right to perform the duties OF their
| respective offices, for the full term of
/ the same, and to receive pay therefor.
! The offices remaining the same they
were on the day they were elected to
| Thorn; and,
Second, because other provisions of
| the Constitution Of the State section
| and of article 4 expressly provide
| WhCn and hOIC State and county officers
are to be deprived Of their right to hold
| their respective officers; and it cannot
| be presumed that the people intended
| to suspend the operations Of these pro-
| visions for one term by an implication.
Besides, such intent is the most prob :
| able one, inasmuch as a contrary one
would be unnatural, unfair and foolish.
| Lastly, courts must hold the amend
ment to have prospective effect only;
because the words used do not show q
clear intention that it should have
retrospective effect. lCorle's Gin. Linn.
! g.
! We believe the law points in the
! above can be sustained by the authori-
! ties. J. b. MCCLURE.
JEoundsiRc, Mdrch12.