Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-11-22
the CONSTITUTIONAL AMENDMENT.
A Letter In Relation Thsrsto from the
sserstnry Of the Cemmonwsaith.


RICHMOND. VA, November n. isel.
| TO the Editor OF the Dispatch;
Apropos to your leading editorial this
/ morning, wherein you forcibiy declare
against the RECOMMENDING OF the General
Assembly this winter. may be permitted
to offer Z suggestion
The basis OF your adverse argument II
the matter Of putting In immediate force
the constitutional amendment adopted
by the people at the recent election.
As I read II. the prevailing idea with
YOU. in common with the press through
out the State, 10 that II 10 necessary for
the Legislature to again take action in
| the premises before the amendment be-
comes operative. II Is matter OF some
surprise 70 observe how general IL this
belief, and Il Is with view OK correct-
ing Il that I assume to write this COM
munication.
The Legislature. at It's regular session
In isgi-'92, by joint resolution approved
February 10. 1892, proposed the amendment
10 the tenth clause Of the first article OF
the Constitution; provided for the publca-
ton of said amendment. and for Its GER
tification TO the succeeding General As
sembly. rs required by the Constitution
Acts 1891 Ice. page 4s0. This succeeding
General Assembly" was that which sat
last winter (session 1s93-'9D. A Joint reso-
luton was adopted by II. and approved by
Governor OFerrall February IL. 1894.
agreeing TO the proposed amendment to
the article and clause above cited. And
by an act approved the same day 1t pro-
vided. further. the manner In which the
proposed amendment should be submitted
TO the people for their ratification. (Acts
| 1924. pages 30 to 2iS) To remove the
erroneous impression prevailing so gene
rally, even II the Constitution Itself were
sile Mt. IL would seem to be only necessary
10 read this act After directing the man
Nor of the canvass OF the abstract OF
votes cast for and against the amend
ment, which abstracts are OF record In
the Office OF the Secretary OF the Com
.monweaIth. Il Is made the duty OF that
officer without delay TO make out and
transmit to the Governor Of the Common
wealth an official copy OF said statement
(of votes), certified by him under his seal
of office"
"The Governor shall. without delay,
make proclamation OF the result,
and II a majority OF said votes be cast
for the ratification OF the amendment he
shall annex to his proclamation copy
thereof"
Az this point the Constitution breaks
the silence OF the statute as to when the
amendment shall become a part or that
instrument. Section I. of article u. after
prescribing the manner OF proposing
amendments, which prescription has been
followed in the case IN point. concludes
as follows: "And II the people shall ap-
prove and ratify such amendments by n
majority Of the electors qualified TO vote
for members OF the General Assembly
voting thereon. such amendment or
amendments shall become part OF the
Constitution"
From the foregoing II appears that when
the State Board Of Canvassers meet next
Monday and officially determine the result
Of the vote cast for and against this
amendment and such result IL communi-
Gated according to law to the Governor,
II becomes part OF the Constitution.
upon the issuing Of the Executive proc
lamation.
Very respectfully, J. T. LAwLESS.
Our understanding Of the decision OF
our Supreme Court Of Appeals in the
Mary Miller case Is that that court de-
cares the act Of Assembly allowing per-
sons accused Of certain crimes to be tried
without a jury unconstitutional. void, and
Of none effect. We suppose. therefore,
that 1t will be desirable for the General
Assembly to enact new law on the
subject now that II Is clothed with the
power to do so. According to the Supreme
Court there Is no valid law authorizing per-
sons accused OF these crimes 10 be tried by
justices OF the peace. II so. OF what
avail will be the mere declaration that
the amendment has been carried? Can II
revive a law which never had legal ex-
istence?
If our view be correct, no Justice OF
the peace will be authorized to try
a person accused Of petit larceny I,
for instance. until the General AS
sembly has made n law setting forth
how this shall be done. Hence the neces-
s,ty for legislative action. The General
Assembly may not choose to avail Itself
Of the power given It by the Constitution.
1t is for 1t to say whether 1t will or not.
So q legislative session will be necessary
to give practical effect to the amendment;
but we think we have heretofore shown
that an extra session would cost more
than It could save.-The Editor.