The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-08-08
IT MAY FAIL.
The Woman Suffrage Amend
ment in Peril.
Errors That May Make 1t of
Non Effect
EVEN IF ADOPTED.
L Q. Pickering, Prohibition
Candi late for Governor,
Makes His Startling Discoveries
Public To-Day.

Chairman G. @. Wharton, of the Pro-
hibition state central committee, who is
IN Topeka this afternoon attending the
county convention of the local Prohi-
bitionists, gave STATE JOURNAL re-
porter a copy Of a letter written to him
as editor Of the Kansas Lever by Major
L o. Pickering, the Prohibition candi-
date for governor.
In this letter Major Pickering shows
that even if the equal suffrage amend
ment should carry at the coming fall
election it would never become a law be-
cause Of technical errors in its construc-
tion.
Mt. Pickering shows that the law re-
quires that 4 copy OF such amendments,
together with the yeas and nays of the
Legislature on joint ballot, be published
in the statute book. and this has not
been done
The enrolled resolution provides that
voters must reside in the state six months
next preceding election, while the joint
resolution published IN the session laws
of 1898, specifies the residence in Kansas
as one year.
The letter in all its interesting details
is as follows:
Editor of the Lever.
On reading the published notice of the
pending suffrage amendment in one of
our local papers for the first time, and
remembering the technicality upon
which the prohimtory amendment of
Iowa, adopted by he people of that state
by more Than $4,000 majority, was set
aside by their supreme court, it occurred
to me to look the matter up and see
whether the requirements Of our consti-
fulton and statutes had been observed in
submitting the suffrage amendment to
fhcar p 5~,1., ~~c
the constitution provides as follows:
..PrOpOsItions for the amendment of
this constitution may be made BY either
branch Of the legislatures; and if two
thirds Of all the members elected to each
house shall concur therein, such LrO-
posed amendments together with the
yeas and nays shall be entered on the
Journal; and the secretary of state shall
cause the same to be published in
at least one newspaper in each
county where a newspaper is pub
lishe1 for three months preceding
the next election for representatives,, at
which time the same shall be submitted
to the electors for their approval or re
Section 19 article Of the constitution
The legislature shall prescribe the
time when ITS acts shall be in force and
shall provide for the speedy publication
of the same; and no law Of a general
sAail be published"
the session laws Of 1898, page 274,
provide follows:
'sTnis resolution (being the joint reso-
luton Nos I aud submitting the suf-
frage amendmenD shall take effect and
be IA force frOm aud after It's publication
in the statute book" X
Par S,641, general statutes Of 1889.
provides:
All laws aud joint resolutions passed
at each session Of the legislature Of this
state shall be published IN a volume. un-
der the direction Of the secretary Of state.
a. SOON as Practicable after the close Of
the session at which the same are Dass-
ed; and such laws and joint resolutions
shall take effect aud be in force from and
wise provided X
Par. 4,642:
~It shall be the duty of the secretary
OF state 10 prefix to each volume Of the
Laws, has certificate tnat the acts and res
olutIOns therein contained are truly CON
led from the original enrolled laws. aud
pec.1cally the date Of the publication of
sucn volume
have carefully examined the journals
OF the senate aud house for the session Of
1898, and ind that the proposed amend
meut was nOWn entered together with
the yeas and nays on either of them.
Ihis may not be a fatal omission. but il
la not safe 20 disregard a positive REQUIRE
ment OF the Constitution in such cases
10 nave entered the proposed amendment
al length upon the journal as required
by the constitution, would have taken
less than 4 page, and the failure to do SO
was culpabie negligence on the part Of
those having the resolution in charge.
but there IS, in my judgment, fatal
error IN tne attempted submission of this
amendment; one THAT VIII invalidate il
even II A. should receive 100000 majority
OF Affirmative votes at the election The
enrolled joint resolution in the Office of
the secretary Of state reads: Sec. /
Every person Of the age Of II years and
upwards belonging 10 the following
Glasses, who shall have resided in Kan
sas SIX months next preceding anv
election etc-, while the JOINT resolu-
ton published in the session Iavva
OF 1898 specifies the residence il kan
sas must pc one year. So that the
Joint resolution which was passed bv
sne Legislature has never been publish
cd, aud has therefore never taken effect
IL ls now too late to publish it even in
another edition Of the statute book. as il
Is less than three months until the
election.
Here IS either deliberate diabolisrn or
Criminal carelessness. The prohlbitorv
amendment OF Iowa was overthrown bv
e-V-ded court for slight error appear
An8 On the stale journal believe