The Superior times. [volume] (Superior, Wis.) 1870-1912, 1893-01-07
GOV. PEEK SETTLES IT.

constitutional AmendInsnt adorted "a,
| III" Late Election.
MADISON, Wis, Jan. 4.-Goy. Peck
to-day issued proclamation de-
clsrng that the constitutional amend
ment, voted on at the last election, was
adopted. This ends the controversy as
TO whether the amendment was ADOPT
e. or not, IN view Of the fact that the
vote Tor adoption was not majority OF
all The votes cast. The proclamation Is
as follows:
WHEREAS, Al the biennial session of
lhe legislature of tins state for the wear
1872, an amendment to the constitution of
lhlS state was proposed ami agreed 10 by 4
majority OF the members elected to each of
the Two houses thereof. which amendment
was IN the following language:
fttSptttt, ty The SENATE. the Assembly, RON
curing. that SUBDIVISION o. of Section ST. of
Article ", of the constitution of the state ot
Wisconsin be amended by inserting after tie
word any, in said subdivision the word
city SO that said subdivision W hen so arncrla-
ed shall read as follows For incorporating
an! Clty, town or village, or 10 amend Ihe char
WHEREAS, The foregoing prnoscd
amendment to the constitution OF tnrs
state was uuly agreed 10 by tns legislature
or TINS state chosen At the general election
IN November, 1880. by q majority of all
the members elected to each house thereof;
and
WHEREAS, The foregoing rroposrd
amendment to tn" constitution MAS sub
mlttcd TO the people of the state at 4 gen
eral election held ON the Tuesday next sur-
ceedIng the first Monday IN November.
being the Ath day Of November. \. u. l>g2,
|. George w Pcck. governor of Tie
state OF W iScouSin, do hereby announce
and proclaim 10 the people of SAID state
the result Of the canvass az the returns of
the vote east tor and against SAID pro-
posed amcndmcHL as certified to me by
the officers designated by law so 10 do, to-
VII: lhe whole number OF votes
gwen on the question OF said proposed
amendment WAS tNcnty-fum thousand
el ght hundred and tWvuty-thTec ~ SD.
of which number fifteen thousand seven
hundred and eighteen tI5,1Ihg were tor
the approval of sand amendment to the
constitution. and nine thousand one hun
dred and i've t".la3l We're against the ap-
pruVal of SAID anCndmen to the cunstltu-
ton; from which ccrtItcattit appears that
the people have approved and adopted
sad proposed amendment by a majority of
the electors voting thereon, and the said
amendment has become part of the con
StitutlOn OF the state.
In testimony whereof | have hereuntn
set my hand and caused the great seal of
the state OF Wisconsin To be affixed Done
al the city OF Madison iLjs %d day OF
January, IN the year of oar Lord one
thousand clght hundred aud ninety three
GEORGE ". PLCh.
By the Governor;
!. j. CUNNINGIIAN,
Secretary of State.
The point brought M calls to
mind an argument made by Matt.
Carpenter IN IL dIssensiuu from the Re-
publican majority report on the case of
Joseph {. Abbott, who sought q seat i'll
the tuited States Senate from South
Carolina. Mr.. Carpenter cited numer-
GUS authorities which are apropos to
this matter, ana extracts are herewith
literally taken from his bret upon the
subject, which prominent lawyers re-
gard as convincing argument III favor of
the adoption Of the amendment at the
recent election:
In OldhOw vs.. Wainwright - Burr,
l0lD, 1t was held that If a majority dissent
from an election bur Vote t0i nobody else
the election by the minority Is good Lord
Mansfield said: Nv hCucycr electors are
present and do not vote at ali they virtual
ly acqulcSCC III the election made by those
who do In Angel X AmcS on corpora
tlOnS is the following: .Ihcrr presence
SultlceS To constitute the elective body and
II they neglect 10 vote 1t is their own fault
and shall not InValldatc the acts ct the
others, but be construed an assent to the
action OF the majority ot those who do
vote
Mr.. Carpenter, IN his sum-up, says.
If the majority. being called upon. VIII
not vote, they can uot complain that the
election was decldrd by those VINO did
vote, though Il minority Of the elective
body.
Other citations are made. but the
trend of authority in ali cases seems 10
be that there is no remedy when a ma
JOrlty OF those voting lave agreed to
tne passuge or nIuptipH ~ uuy tIca-urc
or the election OF an officer, even If the
majority be only Il minority of the
whole number voting. In 1879 1t WAS
sought to unseat II member OF Congress-
on the ground that the negroes did not
vote, and hence the member did not re-
celve majority vote, &s the negroes, if
they had not been kept away from the
polls by threats, would have voted for
his opponent. Another brief accom-
panles the report of the committee III
that case, which cites eases hearing upon
the subject, and these also tend strongly
to support the theory that the Cousttu-
uOnal amendment was legally adopted