The record-union., 1893-06-10

else OF the right of removal and that of the
Flsht OF amendment. Under Section l of Ar
Ilcle vii, the senate and Assembly, by
IWo-thlrus vote OF all the members elected to
each OF the two houses, may propose such
3lhehuIIlehI or amendments, and the Leglsla-
lure, Oy law, may submit the same to the
/ people IN such manner, and at such time and
AMER sucn publication, as may be deemed eX-
pedlent The form to be adopted in the pro-
posaI OF such amendment or amendments is
not prescribed or limited in that provision;
OH the contrary, II Is left largely, II not
wholly, in the discretion of the Legislature.
Inc manner OF proposal may be any which
/ the Legislature may devise, the only limita-
tloh belng that 1t shall be supported by two
! thlfds OF all of the members elected to each Of
| the two houses
Under Section 1 OF Article Xxx OF the Con-
Sututlon, the power of the Legislature IS
limited and circumscribed, SO that the seat of
government can only be changed by law;
that Is to say, the seat of government cannot
Oe lseu oy d vote OF the people taken IN
| pursuance OF mere resolution or proposal
ana law submitting the question to them Of
! their suffrages.
Under Section 1 of Article XVIII. the Legis-
lature is authorized to submit the proposed
amendment or amendments to the people, in
suCn manner, at such time, and after such
/ puollcatlon as may be deemed eXpedient- 1t
may, in other words, submit the amendment
| or amendments 10 the people at q special
election, 10 be provided tor BY law, or il may
submit the amendment or amendments at a
general State election, to be held under the
existing laws passed for such purposes. The
Legislature, in such "A case is unlimited in its
power II be exercised in providing tine man
ner, the time and the publication OF the cleo
ton. There could be no constitutional OBJ
lection to statute requiring that such an
e!ecuon should be held within thirty days
| after the proposal OF the amendment
! Uhder Section l OF Article &N. the Legis-
nature is limited in its power to the submiS-
SION OF the question of removal at a general
State election. such question could not be
submitted TO the people at such a time, or
aIter such publication, might be deemed
eXpedlent by the Legislature; for, If such were
/ true, the provision OF Section OF Article XX..
requiring that such question shall be submit
! Ecu at a general State election, would be rem
uereu entirely nugatOry. The reason which
actuated and controlled the trainers OF the
/ Constitution in this respect is obvious. The
/ OBJECT OF this limitation upon the power of the
legislature and of the people was to require
III SUBMISSION Of the question OF change or
removal to be made at time when popular
excitement had had an opportunity to sub
side, when the people had been permitted 10
fully deliberate upon the question OF public
policy and public economy necessarily in
VolVed In the issue to be submitted, and when
the largest number of electors would proba-
bly, assemble at the polls. While, therefore,
an ordinary amendment OF the Constitution
may be submitted at such time as the Legis-
lature may determine upon, the great i'm
portance attached TO a possible removal of the
seat OF government 50 impressed the trainers
OF the Constitution that they were unwiIl-
! ing To leave the question, to the time OF the
election, to legislative discretion, and, there
| lore, they took such discretion from that
body by fixing, by constitutional provision
the time when the people should be permitted
| to vote upon that subject.
Under Section of Article XVIII. the enact
ment under which the proposed amendment
may be submitted 10 the people may be
passed by a majority of both houses of the
| Legislature. There is nothing in that pro-
/ vision which requires more than a majority
for the passage OF the statute submitting the
amendment or amendments to the people, or
| providing the manner, or the time OF election,
or the publication which shall precede it..
Under Section Of Article Xxx, however,
the power of the Legislature in this respect is
particularly ctrcumscribed. The votes OF the
| people in such a case must be cast at a general
state election, and the Constitution expressly
commands that the regulations and proVis-
ions for the submission OF that Qu StiOn at
such an election shall receive tNo-thirds of
the votes of each house of the Legislature
Ihus 1t Will be seen that TWO rules OF proceed
ure have been prescribed by the Constitution;
the one for amendments Of the Constitution
upon general subjects, the other for the ac-
cOmpishment of change in the seat of gov
eminent; and it is an interesting fact to be
noted in the framework of the STATE Constitu-
ton, that the subject under discussion is the
only one upon which special provision has
been made and a special mode of change pro-
vided; that is to say, it is important to know
IuaI Tue constitution may be changed IN any
respect under the general rule, with this single
! exception, concerning which special provision
has been made.
1t was the evident purpose of the trainers of
the Constitution 10 make the subject oil the
! removal OF the seat of government an excap-
ton to the general rule, and to subject it TO
/ specific, rather than general, provision and
regulation. While that instrument deals in
general terms with matters of ordinary
/ amendment, 1t expressly, in plain, unmiS-
! taxable language, excerpts the subject under
consideration from the more general provis-
! ion regulating amendments, and specifically
/ applies to it different method of procedure
| II this be noI true, it must necessarily follow
that section OF Article Xxx. must be denied
any operation whatever, and it must also be
| True that, notwithstanding this provision of
the Constitution, Sacramento is not to remain
| the seat of government until changed by
| law" and the submission of the question of
W. de n he
manner expressly commanded by that pro
| vision.
Section l of Article XVIII, as will be OBJ
! served, applies to amendments generally
while Section OF Article Xxx. is made to ap-
| ply to the reno al of the seat of government
| specifically. The trainers of the Constitution
| were content to permit amendments generally
to be made in the manner prescribed by Sec
| ton OF Article XVIII, but the great i'm
| portance attached to the question OF the re-
! moval OF the seat OF government was such as
| that they excepted that subject from the
| operation OF the general rule, and, as before
| stated, applied to il a special and particular
rule. This evidently done for the purpose
| of avoiding hasty action upon the subject
and of placing in the way of removal such
| difficulties as would secure that deliberatlOn
which the gravity OF the subject demands.
| The rule is well settled, both in the construc-
| ton of constitutional and statutory law that
| general words are qualified by particular
| clauses, and that thing which is given in
/ particular words shall not be taken away bv
| general provision. This rule is specially an
plicable to the case under consideration; for il
| cannot be assumed, in the face of Section l OF
| Article NX., that the trainers of the Consti-
! tuition ever intended that the scat OF govern
ment OF this State should be made the subject
| OF removal in any manner other than that
which is prescribed in that section Had it
! been the intention to permit the removal by
resort to the remedy prescribed in Section !
| of Article XVIII, there would have been no
reason why the other specific, and more diff
cult, remedy should have been provided in
the subsequent section.
Under Section l Of Article XVIII, the
amendment may be ratified by majority Of
| the qualified electors voting thereon and if
| it receive such majority, It must become a
part OF the constitution. The practical effect
/ OF the provision OF that section upon this sub
ject is such rs that, if less than one-half of
the qualified electors Of the State should vote
upon the subject. and the amendment should
receive a majority OF those votes, It would
/ necessarily receive the constitutional ratif-
/ cation and become a part of the fundamental
/ law. The language of Section l of Article
/ XVIII is plain and unambiguous; 1t provides
/ as follows:
If the people shall approve and ratify such
amendment or amendments, or any of them
/ by a majority OF the qualified ELECTORS voting
! thereon, such amendment or amendments
| shall become part of this Constitution"
| suppose, for instance, that under this provi-
! sion OF the Constitution the Legislature should
| provide for the submission of an amendment
4 at a special election to be held within thirty
! days after the conclusion of its then present
session; that said election should be held, and
that less than onethtrd of the qualified elect
| ors of the State should assemble at the polls
and vote upon the amendment and that the
| amendment at said election should receive a
bare majority OF the persons voting thereon,
| would any one doubt that said majority
/ would be sufficient TO ratify the amendment
| and would authorize its insertion into the
Constitution? suppose, also, that at q gen
/ eral State election, at which an amendment
was submitted less than majority of all the
votes cast at the election, but full majority
4 of all the electors voting upon the said
! 81 he ina "a