The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1884-09-20
win the October EIectfonEtect:

after the next election
On the second Tuesday of October
next we will hold a general election,
as usual, for State and County off
GERS.
But it is grave question whether
our October election this year. will
elect-whether the officers then elect
ed will take their seats; whether the
election will hold good over a month;
whether it will not, in fact, be multi
fed at the same time that it is held.
1t is our opinion-and that opin-
ion is endorsed by some of the best
legal talent in the State that, in one
contingency, the coming October
election will give no candidate title
to the office to which he may be
chosen.
That contingency, briefly stated,
is this:
BY joint resolution of the Legis-
lature, the voters of West Virginia
will, on the same day and date at
which the vote for officers next Octo-
Der, vote also on the adoption of an
amendment to the constitution which
abolishes the October election, and
thereafter, appoints the time for that
| general election in November.
So that, if the majority of the votes
cast at the next October election be
in favor of said amendment, 1T will,
of course, be adopted.
| Now, from what time does the adop-
ton of that amendment date-when
does it take effect? November, it
must be remembered, follows Octo-
Der this year as well as in other years.
If the law were silent on the subject
we presume there would be no ques
ton but that the amendment would
go into effect from the date of its
adoption, and make an election nee
essary IN the .following November.
But not only is the law not silent
but it expressly declars that the
amendment shall take effect. from the
date of its adoption. We are not
left to speculate as to when the Leg
islature designed that it should take
efect-every doubt or bubble is
avoided by the express terms of the
act itself.
On page SO of the Acts of 1883, pro
viding for the submission of the
amendment to the voters, Section
declares that:
1 eff majority of the votes cast al
the election be for ratification, the said
| proposed amendment shall be in force
and effect from the time of such rati
fication, and be part and parcel OIL
the constitution of the State, in
the place of section Z of article A as
| it now stands
Therefore, it is obvious, by the ex-
press provisions of the law, that al
the very same time that the officers
are chosen next month, on that very
/ day and date, an amendment, il
adopted, goes into effect, which ex-
pressly supersedes, overthrows and
wipes out the very law under
which the October election was held
and substitutes another law which
provides that the general election
"shaH be held on the Tuesday ner,
after the first Monday an Novem6er.'
Now, when the Tuesday after the
| first Monday in November" comes
around one month later, if that
amendment received majority Of
votes in October, it will be part and
| parcel of the constitution, in full
force and effect.
1 How can we avoid obeying itp
! Who has authority to say that fol
this particular year we will disregard
the constitution?
! The Legislature has expressly de-
clared that we shall hold an election
in November 1884, provided that
amendent is ratified.
| Who shall say nay?
| welcan. disregard the amendment
this year, why not next year, or some
other year?
! Law is law-especially when it is
in the constitution.
| 1t may be very foolish provision
which makes second election nec-
essary this year.
But that isn't the question.
Let the Democratic State Commit
tee ''look leetle out" lest Elkins &
Co. set a trap for the Democracy in
this connection.
West Virginia.