The record-union., 1893-06-10

eminent shall not be changed by a vote which
would be sufficient TO ratify an amendment
but that IL may only be changed by the sane
ten OF majority OF all the qualified electors
of the State.
TIE only alteration attempted by the
| amendment proposed is OF that portion of
! Section 1 of Article Xxx. which likes the seat
| OF government. The proposed amendment
does not purport in its language, nor does it
! attempt In any manner. to amend any prin-
| clple OF the fundamental law; il simply at
tempts 10 alter or change the fact; that is, to
remove the seat of government, which the
! provision under consideration forbids except
! ii be done in the manner specifically and par
| hcularly prescribed.
It will not do in the face of this provision
| OF the Constitution, to say that when the
amendment is made in accordance with Sec
ton of Article XVIII. there viii be no law
| liking the seat OF government at sacramento;
! Tor That method OF reasoning would neces-
sarily require an assumption OF the main
! question at issue. When the Constitution
| provides that the seat of government shall not
| be removed, except in a particular way, it
| must be held To mean what its language i'm
/ piles. The contention of the respondent, if
sustained, would necessarily suit in making
| one provision of the Constitution nulity an
other; so that, while it is provided in one Sec
| tlon that the removal or change can only be
| had in particular way, the same instrument,
/ by another section, providing upon general
| subjects, would be made to authorize the re-
| moval in an entirely different manner. Ii the
! contention Of the respondent is sound. Sec
| ton OF Article X. is utterly useless and ac-
/ composites no purpose whatever.
Inc settled rule OF construction, however.
requires the court TO construe every provision
OF Constitution or statute, so as to give force
anu elect, not only TO every clause, but TO
every word in it, 30 that clause or word
may become redundant, unless such con-
! StructlOn would be obviously repugnanL to
| the intention of the trainers of the instrument
! 10 be collected from its terms or would lead
70 some other inconvenience or absurdity.
! (Hyatt vs.. Allen, 81 Cal. 353.)
| Following this rule of construction, but one
| result can be attained. The general provision
| with reference to amendments must give way
/ 10 the specific pro vision controlling the power
! 10 remove the seat of government.
1t is said OF the Constitution of the United
| States That II was coniessedly an experiment
! In the history of nations, and commentators
nave been lavish in their commentator of
/ the provisions contained in that instrument
! regulating amendments thereafter to be
/ adopted, (StOry on the Constitution, Sec
| 1S2S9
| The principle applicable to amendments of
/ Constitutions which has received the highest
! praise, Is that which requires and allows
/ ample time Tor deIib ration in proposing and
| and ratitying them, and which thereby pre-
vents them from being carried by surprise, i'll
! trlgue or artiice. II was with this purpose in
view that the trainers OF the State Constitu-
/ ton, on account OF the gravity and over
shadOWlng Importance OF the subject, with
! palnstaking care, placed obstacles in the way
OF nasty legislation upon this subject, and
! prohibited an immediate submission OF the
/ question TO the people after the law providing
Tor the change had passed through both
| houses OF the Legislature. BY this provision,
/ thus solemnly made part of the Constitu-
ton, all OF the departments of the Govern
ment, from the people IN their sovereign ca
paclty to the highest officials who represent
Them, are bound, and there is no way by
Whlch this command of the Constitution can
! De eVaded, nor is there any manner in which
/ Its effect can be destroyed except by an
amendment prOvidinga different manner in
which 10 accomplish the removal OF the seat
| OF government. The Constitution commands
| that the seat of government shall only he re-
| moved by a law approved and ratitied in u
particular manner, and that command can
not be dlsregarded by the laW-nakIng power:
1 a disregard OF It's provisions would amount
! TO, or Justify, revolution.
IL
The Legislature has not provided any regu-
/ lations or provisions for a submission of Inc
! question Of changing the seat of government
! TO the people, and hence there are no means
! provided by which said proposed change can
/ De submitted Tor the ratincation of the people
at general state election, or at any other
| election.
Ii the proposed amendment under consider
| alton were conceded to be a law within the
meaning of Section L OF Article Xxx. OF the
/ Constitution, stiIl il must necessarily be true
7 II that section OF the Constitution means any
thing, that the question could not be submit
| yea 10 the people without additional legISa-
/ ton, passed by a tWO-thirds vote Of the Legis-
/ Iature, and prescribing the necessary regula-
lions under which the submission should be
made.
The Constitution places n duty upon the
Legislature IN this respect; it commits to the
/ Legislature the duty of making such regula-
4 lions with reference 10 the printing OF tickets
I the prevention OF fraudulent voting and
/ those other substantial details which are al
/ ways requisite In the control and conduct OF
/ elections, and 1t requires that the law making
/ such regulations shall be passed by a two
thirds vote Of each house.
How will the election be conducted, if this
! question Is 10 De submitted to the people? 1t
cannot be controlled by the general election
laws, If they were passed, or might nave been
/ passed, by a simple majority.
IPEnnnEpnf to ,,t in,
ance of Section 1885 of the Political Code as
amended in 1891, which is a provision con
tanned in the general election laws. ana was
! passed IN pursuance OF the general power of
/ the Legislature to enact statutes BY ma
Jority vote. 1t requires no argument to es-
1 tablish the proposition that the question Of
change of the seat of government cannot be
submitted TO the people under said general
! law. For the purpose of the submission of
such question to the people, the general
! election laws must be utterly Intellectual be-
cause they were passed in pursuance Of and
/ In accordance with, provisions not requiring
| two-thirds vote of each house of the Leeis-
| lature
| A law passed by q simple majority of the
/ Legislature, or in pursuance of a provision
| authorizing its passage by simple majority
| could not, under this provision. be eff ctual
| for the purpose of determining and regulating
| the manner of the submission of this question
| to the people; hence, if the question of the re-
moval OF the seat of government under this
! proposed amendment, is to be submitted to n
/ vote OF the people, il must be so submitted
| without any valid legislative regulation upon
| the SUBJECT Inc requirement that such sub
/ mission should be at general State election.
under such regulations and provisions rs the
| Legislature, by two-thirds vote OF each
/ house, may provide did not come into the
| Constitution by accident. The wisdom of
! such Il provision, upon q subject of such crave
| Importance, cannot escape the admiration
and approval OF those who give the subject
matter of the section its proper consideration
! 1t is. in the highest degree important To the
people of this State that the abandonment of
"a htr Z I,s.S &c
| present seat OF government should not be ac-
cOmpliShed without the honest vote of a ma
! jority OF the electors Of the State. Every pre-
caution should be taken for the purpose Of
avoiding the Intervention of fraud deceit
/ or force; ana IL was an act of wisdom on
| the part Of the framers of the Constitu-
/ ton TO stamp the subject as being one of
supreme importance by prohibiting legis
/ latlOn upon II without the concurrence
! OF two-thirds OF the members of both houses
/ OF the legislature. The history of the egisla-
| ton OF tins State demonstrates that one of
! the most important matters in the renuIat ion
| OF elections IS that Of prescribing the color,
| the size and the shape of the election ticket
| and the manner in which it may be cast bv
/ an elecfOr. The difficulty of obtaining an
/ honest election and a fair count Is shown bv
! the numerous Efforts which have been made
! by Representatives il the Legislature to rem
| edy the evil of fraudulent elections and dis
( honest returns; and it is safe to assert that
| under the provisions of Section l of Article
| Xxx such a law, making such a regulation
! cannot De passed WITHOUT receiving the
currence of twO-thirds of the votes of both
/ houses of the legislature. If this be true. it
! is also unquestionably true that because of
this special provision upon the subject. the
/ question OF removal of the seat OF govern
ment cannot by any possibility, be submitted
| to or receive the binding approval of the peo-
/ pie, under any regulations or provisions, un-
! til the Legislature has passed a statute, by a
/ two-thirds vote, providing for the same,
/ The proviso contained in this proposed
amendment of the Constitution creates an
anomaly which ought of itself to be SUFFICIENT
De eaL the rrANnSed nleasl1r.. 49,, -