The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-02-13

1 OAN
necessary TO make the proposed action
constitutional.
Mr.. Poynter was opposed to any amend
mcnts whatever. He supposed that those
who asked for this measure TO be sub
mitted to a vote Of the people knew what
they wanted, and after mature study had
presented the amendment they desired.
He did not see any necessity for embody-
| ing the whole journal OF the House in re-
| gard TO the action on this matter in the
resolution itself.
Mr.. McWhorter pointed out that the
present form OF the resolution was the
same as that proposing the recent amend-
ment to the Constitution concerning cleo
tons by the people, adopted last October.
lIf It was valid in one case 1t Is certainly
valid in another case.
.c4TEcuIsINGT THE COLONEL.
Mr.. sayre wanted to ask Col. White a
question.
"Certainly," said the Colonel, rising.
SIS the gentleman" asked Mr.. Sayre,
"wilIing to stake his legal reputation on
the declaration that this resolution is not
now in legal form?"
Col. White liesitated, and the House
laughed.
get The floor for q response" said Col.
White.
~ would like him to say yes or no."
81 will have no objections TO saying yes
or no when am on the floor for that pur-
pose"
The House laughed again.
Mr.. Lucas thought Col. Whites amend
ment necessary. This Legislature agrees
to an amendment proposed by one MEM
Der, and the people ratify 1t.
THE CONSTITUTIONAL PROVISION.
Mr.. Sayre read from the Constitution,
which provides that the amendment shall
be read on three several days, and II it
shall be agreed 10 by two-thirds vote, on
its third reading, il shall be submitted 10
vote OF the people. Here the PROPOSE
ton now Is to have the Legislature agree
to 1t on its first reading, agree to Il on its
second reading, and agree TO it on It's third
reading. This is not required by the Con-
stitution.
Col. White wanted TO know II the gentle
man admitted that two-thirds OF the MEM
hers must agree to the amendment itself,
and Mr.. Sayre said no; they merely
agreed TO submit the question to the
people.
Col. White again advocated his amend.
ment, declaring that.the Constitution lays
down the form for proposing an amend.
ment, and this form was the one he had
proposed. He proposed 1t because he did
not want an, member TO have an oppor-
tunity to shirk q square vote on the ques-
ton.
Mr.. Alexander, Mr.. Dyer and Mr.. Pow
ell interrupted Col. White with questions,
and he finally begged OF. He spoke OF
the unmanliness Of voting hero 10 submit
this amendment and then voting against
the amendment at the polls.
"poes the gentleman mean TO say that
It Is unmanly 10 vote for the submission
To the people OF a gueation upon which
member may vote In tue negatiye?' ask
ed Mr.. Alexander.
He did not get very direct answer,
though Col. White explained that be did
not mean TO impeach any mans manli-
ness.
WOULD IT BE VALID?
do YOU undertake. 10 say that il an
amendment submitted In this form were
adopted It would be declared null and
void by the Supreme Court OF Appeals?"
ssked Mr.. Dyer.
" will not answer for the Supreme
Court Of Appeals" was Col. Whites re-
Spouse.
do you say that court ought TO declare
II null and void?" persisted Mr.. Dyer, and
Col. White finally answered that he
thouatf n ahonld
Mr.. Powell ssked: "Do you as a learn
ed interpreter OF the law, say that II the
amendment is submitted, thb igrtp OF this
resolution OF submission would In any dar
gree impair the validity Of tie amendment
Il adoptedP gp
Col. White ssid no hoped he would be
allowed 10 proceed wittoG. these inter
ruptions.
NJ insist upon an answer to my ques.
ton |" Rajl Mr.. Powell.
"Well, that iG substantially Mr.. Dyer's
question, which / answered." said Col.
White, and he went on at some length to
advocate his proposed amendment.
Mr.. Laidley thought the form Of the
resolution was wrong and ought to be cor
rected. He had heard no Argument in
favor Of the original iorm Of the resolu-
ton, and weighty reasons had hean ad-
yanced why Il should be altered. SIR.
Laidloy thought member could not vote
for this amendment here and vote against
II at the polls, and vote aonscientiously in
both cases. The members hAtS i'Sgree"
that the amendment should he mada to
the Constitution, and the people ratify
their action.
Mr.. Powell said II this amendment was
declared invalid, it would invalllate every
constitutional amendment ever adopted.
II was not the friends OF the measure, but
the enemies, who raised this point. Why
whould they desire to perfect q measure
which they opposed?
INTIMIDATION.
Mr.. Post accused Col. White OF an at !
tempt 10 intimiiate any man who might |
desire TO vote for this resolution here and |
not support it at the polls. He then went |
on 10 show that he, for one, was not In
undated. II this form were not legal,
let II be declared so after its adoption
that would please the gentleman from
Ohio county. Mr.. Post argued that q
man might In O representative capacity do
what he would not desire to do 90 an In.
diyidual. Delegates on this floor are the
servants, not the masters Of the people.
Mr.. Marshall held that the form OF the
resolution was sufficient to secure the de-
sired end, being ut least not contrary TO
the Constitution, which does not prescribe
any form Of words. Unkind insinuations
have been thrown out here.
This brought Col. White to his feet. He
disclaimed any intention TO do anything
Of the kind. Mr.. Marshall accepted the