The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1889-01-17

several Important features OF the pres
ent constitution should be in any
wise altered, impaired or put in peril,
OF which may mention the prohib-
itory amendment and the homestead
exemption. And proposed new con-
stitution which should not preserve
these provisions substantially as they
are, would be overwhelmingly rejected
by the people when submitted to them
for ratification As no restrictions re-
speeding these features could be i'm
posed upon a convention that would
necessarily bind that body when once
called into existence, 1t is doubtful If
such a call would meet with popular
favor; and the surest, cheapest and
speediest mode of relief would seem,
therefore, to be through carefully pre-
pared amendments.
AMENDMENTS.
No more than three propositions to
amend the constitution can be submit
ted at one time; but it cannot well be
doubted that each proposition may in
clude all, or any number of the sec
tions of any article; so that three
propositions could embrace. amend
meDts to all the sections of as many
articles-legislative, judicial and exec
utiVe, for instance. The remedy by
amendments judiciouSly devised, could
thus be given a width of scope suffi-
Gent to reach at once the existing de-
fects calling most urgently for imme-
date cure.
TINE OF SUBMITTING.
The pracJlce as to the time when
amendments should be submitted, has
followed the generally accepted though
doubtful conclusion that they can be
legally voted upon only at elections
for representatives, in the even-num-
bered years. The sOundneSs of this
opinion or practice may well be ques-
toned. AT the next election for rep
resentatives. - is the time indicated by
section /, article IA, when proposed
amendments may be submitted; and
lat the next election of members to
the legislature, is the time fixed by
section Of said article, when call
for constitutional convention may be
submitted. Accordingly. up to 1875
there was no question about submit
ting amendments annually, or a call
for a convention biennially, for the
house and senate terms were one and
two years respectively. But the
amendment to the legislative article
adopted in 1875 extends these terms to
two and four years, beginning with
the election in 1876, the first under the
biennial plan; and it is commended
that this change operates to
extend the limitation of time in
said sections one and two of the appor-
tionment article fourteen, accordingly,
so that propositions to amend the con-
stitution can be properly submitted
only every second year, and call for
a convention every fourth year, begin
ming with 1875.
If this is thecorrect conclusion, then
article fourteen has been altered and
| amended in both sections, without any
hVT a T1nnT1IQ
| iSlature, which is impossible. If the
effect of the amendment of 1875, in ex-
tending the house and senate terms.
has been to likewise change the time
originally indicated by sections one and
/ two of the appOrtiOnment article to
two and four years, then by parity of
reasoning, if that amendment had
heightened the legislative term to ten
| and twenty years, the time for submit
| ting amendments or call for con-
vention would have been in the same
tions of 1875, with the proposition
to amend the legislative article provid-
ing for the biennial plan, propositions
were also submitted amending two
other articles, three in all, and as many
as the constitution allows at one time;
and all were adopted. And If the eff
feet of these amendments was, as
commended, to also amend article four
teen, they must also have done the
same to article one; so that five amend
ments were made at one time,
three directly and two in
directly. Section one, article
one, provides that state officers shall
be chosen, at the time and place of vOt-
ing for members of the legislature, ,
the same phrase as employed in article
fourteen. to hold for the term of two
| years, and until their successors are
elected and qualified. Members of The
legislature, both branches, since 1875
are chosen once in four years. and YET
no one has ever commended that the
effect of such amendment was to wider
the interval between the elections fol
state officers from two to four years
for such claim would do violence Il
the plain intendment of the constitu
ton. 1t is only mentioned to show
the apparent weakness of the PROPOSE
ton that the amendment of 1875 81
changed the provisions of another ar
ticle--fourteen-that amendments tt
the constitution or call for conven
tiOn can be submitted to the people
only at elections held every second anC
fourth year respectively.
The provisions of article l, like those
of article IA, are not floating, but cleal
and specific, and were not, in my
opinion, changed or amended By
indirection. If correct in this view
the necessary amendments could bt
submitted to the people at the mex
general election in 1889, and a PROPOSE
ton for calling convention could
properly be voted on at the election il
1890. If the amendments should bt
adopted and the necessity for a con
VenJion thereby superseded, the PEG
pie would so declare by voting the con
vention down. On the other hand. i
the proposed amendments should b.
defeated, the people would be left fire.
to act on the question of calling a con
Vention.
GENERAL REMARKS.
The Pullman Car company is seekin;
to avoid the payment of taxes on it
cars in this state and has carried ;
suit involving the question TO the SUI
preme court of the United States
where it is now pending. This is
matter fraught with vast Importance
since it involves the highest preroga
tive of the state, which must not b
trenched upon. l trust this subJec
may receive your earnest attention.
also direct your attention to tn
matter of taxing express companies op
) Grating in this state. and the necesSit,
for statutary provisions for the same
The telegraph and TELEPHONE service i
: also worthy of attention, an,
} should be brought under prop
J er state control or regu
lation: the former by direct application
of law, and the latter by conferrini
, upon cities additional powers for tn
: purpose.
}, Appropriation should be made t
defray the expenses of our dele
3 gates to the Farmers Congress, Whic
meets this year in Alabama.
, On the 30th of April the centennis
: of Washington Inauguration will b
? appropriately celebrated in the city O
5 New York. Delegates have been ar
: pointed from this state and you shout
, make suitable provision to defrav thei
l expenses.
D. The question of making provisio
g to have Kansas represented at tn
: Paris exposition is referred to, and tt
.arriaiI,ilitIr Of tlziracr s.taEnl sIndIIn