The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-09-09

the adoption OF the amendment.
a history OF the operation by which
the blunder was completed is as curious
as it is interesting.
prevailed of numbering the article. and
sections with the Roman numerals /,
V, x, e and d, and the paragraphs or
clauses with the Arabic numerals, !, 2, 3,
4, etc.
The pending amendment was submit
ted to the Legislature in the form of
concurrent resolution, introduced by
Senator Baker. The original draft,
partly written and partly printed, desig-
mated the paragraph to be amended as
"Article w., Section VII, clause IL. sub
division g." In the typewriter copy,
prepared for presentation to the Legisla-
ture, the copyist mistook the figures 1
(eleven) for Roman numerals, and so
printed them thus:-ii. (two). This was
detected and corrected in the printed
copy of the resolution submitted to the
Legislature on second reading, and we
find that the amendment was passed by
the Legislature of 1889, as affecting
Article w., Section VII, clause II
eleven).
The subject was taken up by the Legis-
lature Of 1890, in the form of printed
copy of the resolution adopted by the pre-
ceding Legislature, which copy was certi-
fled to by the Clerk of the House and
ocCIctdIy Ol bu6 oeudtG, anu Which SJdJeS
the paragraph to be amended as ARTICLE
W., Section VII, Clause IL, two. The
error was again discovered and in the en-
crossed copy of the concurrent resolution,
by the adoption of which the Legislature
of 1890, agreed to the proposed amend
ment, the clause is stated as ARTICLE w.,
Section VII, Clause H., (eleven).
After the re-adoption of the proposed
amendment by the Legislature Of 1890, it
became necessary to pass law providing
for the submission of the proposed amend
ment to the people, fixing the day
of election and prescribing the form
of the ballot, etc. The act for this
original, as introduced in the Senate is in
typewriting, and the draughtsman in de-
signing the clause describes it as Article
w., Section VII, Clause 2, thus solving
the question as to whether it was clause
H., or clause II, but, unfortunately, solv-
went to the printer, he still further i'm
proved the matter by substituting words
for figures and stated the paragraph to be
amended as Article four, Section seven,
Clause two," and in this form the act was
engrossed, passed, approved and became
the controlling guide of the Secretary of
State.
AS was said before, the ballot is in
the exact words and form prescribed by
the statute, and could not have been
stated otherwise, except by an unwar-
ranted assumption of an unauthorized
discretion on the part OF the Secretary of
State.
As to the effect of this error, it does not
seem to be in any way serious-because
the form of the ballot is too explicit to
admit of any doubt as to the purpose of
the Legislature in proposing or the peo-
pie in adopting the amendment,-if it be
adopted. The voter who is in favor of the
amendment, votes Gin the language of the
ballot):-
For the proposed amendment to article four,
section seven. clause two, subdivision three,
which reads as follows:-st Regulating the inter-
nal affairs of towns and counties, appointing
local Offices commissions to regulate munich
pal affairs, " by omitting the words regulating
the internal affairs Of towns and counties, " and
by changing the word "offices' to .'off1cers SO
that the same shall read, appointing local
officers or commissions to regulate municipal
AFFAIRS
And if majority of votes shall be cast
in favor OF the proposition the Legisla-
ture and the Courts will understand and
decide just what elauae was amended.
and exactly how it was proposed to draft
it, however faulty the attempted designa-
tion.
The purpose of the amendment is not
to amend any specific clause or para
graph or subdivision, but to strike out of
particular paragraph certain specif-
cally mentioned words The designation
of the clause and paragraph is but ex-
planatory, the detailed mention of the
paragraph as it exists, the words to be
excised, and the provision as it will re-
main after the excision, are clear and
man tory. The provision cannot apply
to any paragraph save one. and it must
apply to that despite the error in the at
tempted designation.