The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1889-11-21
mas THm HfnnHIAL nLhoTIon
AMhnDMmnr BENIN oAhhinDr

AMhnDMmnr BENIN oAhhimpf
At tho late election q proposed con
atitutional amendment providing foI
biennial elections for State anl
municipal officers was voted upon an(
although II failed adoption by lbil
votes yet there 10 a movement on ZOO
TO have IL declared adopted because I
received alla more votes than were eaH
against H.
II is claimed that there never haI
been a decision OF the Supreme Cour
OF Ohio on this question, but that thl
supreme Courts OF Iowa ah'
Wisconsin have held that
'majOrity vote" means q majority
of thOse who vote on tho partleulaI
proposition and not q majority OF ~
the votes cast,
The mode Of adopting amendment
10 Stats constitutions is usually lalC
down in tho instrument itself,
Ills always more dlileult TO change
constitution than 10 change statute
law, In Ohio the constitution proyldei
that q majority Of tho eleolora voting al
an election shall be necessary 10 maxi
any alteration, This has always beer
construed 10 mean, that II takes a ma
lohty of all the votes cast NJ an cleo
ton to adopt an amendment Th'
total vote In Ohio on Nov 9th wa'
7i0lsl but only blls1s voted upon th'
amendment OF those there were
257G03 voted for tho amendment aud
25l2l5 voted against II, The expres'
words Of the constitution are "Amend
ments shall be submitted to the electors
for their approval or rejection and II q
majority Of tho electors voting for auell
election shall adopt such amendments
tho same shall become q part OF thc
constitutions" Now what n TO be
done with tho 2alsO1 voters who did
not vote on the amendments Canltbe
said that they arc not eleotorsy
The absuFdity Of this theory Is more
plainly visible IN the following illuatra'
tIatIOpi suppoaothato Of Tho Ii6Osa votes
cast only five had voted on the amend
mont three for u and two against IL,
II this reasoning N correct tho amend.
ment would be adopted becaufo " re'
celyed a majority Of the votes cast on
tho proposition, In other words three
men could change tho supreme and
paramount law Of tho state and would
be vested with more power Than the
law,making body itself.
The fact that three,llitha OF the
members Of both houses must concur
In an amendment before II 10 submit.
ted To the people, while a bare majority
10 Ou0IcIent 20 pass all other laws would
clearly indicate that the trainers Of the
constitution did not intend that II
could tampered with or changed by
u few OF ita citizens but only by the
expressed wish Of q majority Of tho
people,
TheuniyerSal custom In Ohio has been
that all amendments TO the con6tltu
ton must bo adopted by q majority
over Oll votes cast at the election, That
has always been the judicial interpro
tatlOn given TO the constitution and II
has mover been deylOtCd from, The
Prohibition amendment In 1883 known
as the "second amendment" received O6
600 moro votes than were cast against
II, yet was declared not carried because
II failed 10 receive u majority Of all the
votes cast. 80 well established has be
come the theory that ON amendment
must have a majority Of all the votes
cast 20 secure Ito adoption, that county
clerks IN making their returns TO the
Secretary Of State have only certified
TO tho number of votes cast for the
amendment and made no return nj al
Of the mo" vote. This was the case on
the proposed amendments In 1883,
when Stark and IA other counties failed
to make any return Of the mo vote,
The same thing was done by some of
the county clerks on the proposed
amendments In 1885.
Our voters have always boen under
the impression that not voting at all In
an amendment Is equivalent 10 voting
against II ana we are informed that
many voters had thelower part of their
tickets which contained the amend.
ments cut OF entirely, This was The
case IN Lake township and many other
places in this county. Az least 10000
more votes In the state would have
been recorded against the amendments
II the voters would have had the least
idea that they would be adopted by
less than a majority Of all the
votes cast,
But inside from the doubt which may
arise from the clause In the constitu
tion, II there be such doubt, there is
,tlll a statute that refers TO the count
Ing Of the vote on the amendments
which will have great bearing upon
.he question,
House Bill No. 1ill which was pass
ID last winter provides, "That u return
,f the votes cast for or against the pro-
posed amendment TO the constitution,
hail be certified and mode by the clerk
II each county to the secretary Of state
within ten days after the election and
within twenty days after said election,
he Governor, Secretary Of state and
Attorney General shall open said re.
urns, and count the votes, and 0scer
ain whether or not a majority Of the
,otes cast at said election have been