The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-09-07
that this latest craze is waning to Its
vanishing point in November.
IN "INNocuoUs DEsUETUDE.,


constitution of the state on which the
voters are to pass Judgment this fall
suggest the fate Of past amendments
which have been adopted and which
are part Of the organic law, but have
either lapsed into 'innocuous desue-
tude," or have not been given effect by
subsequent action Of the legislature
The subject bears on the utility Of
constitution tinkering. Away back In
the latter part Of the seventies it was
a matter of considerable discussion
that 1t was not wise to have the SEN
ate composed Of entirely new members
every two years; that the state would
be better served IL half of that body
brought to the session experience
gained by at least one previous sitting
session. So an amendment was adopt
ed, requiring the senators elected in
1878 from the odd-numbered districts
to hold Office for two and those from
the even numbered districts four years
sen for four years.
The intent of the act was somewhat
muddled by provision for an entire
new election after each new apportion-
meni, but no one can read the act
without drawing the conclusion that 1t
was the intention that the senators so
elected should hold for the same terms
prescribed in the act, the odd-num-
bered districts for two and the others
for four years. Two appointments
nave been made since the amendment
was adopted, that of 1881 and that of
1889, but no attention whatever was
paid to the long and short terms in
any election since that Of 1878. The
constitution was coolly ignored, and
mad no other effect than to extend the
terms Of all senators by four years.
Some question was raised in 1892. and
the attorney general confirmed the
practice In an opinion in which he
followed the confused phraseology In
stead of the spirit of the text.
Another amendment much more
practical in it's scope and more impor-
tant in its effects, if put into opera-
ton, was adopted in 1890, that the
legislature might provide that the
agreement Of five-sixths Of any Jury
In any civil action or proceeding. after
not less than six hours deliberation
shall be a sufficient verdict therein. /"
This amendment was designed to re-
move what has so often proved an
obstacle to the administration of ius-
t1ce, the requirement Of unanimity in
Judgment of twelve men, and which
had burdened litigants and the public
with the expense of retrials. It was
an application to lawsuits Of the prfn-
ciple of majority rule, modified by
making 1t five-sixths rule in trials by
jury, and was a wise provision. It
was so considered by the voters who
adopted it with hardly any dissent,
and for six years that authority
has stood In the constitution unused
by any legislature that has met since
then.
In 1894, the practice Of some OF the
Eastern states of making the estates
men leave to their heirs contribute to
the states treasury was adopted here
In the amendment providing that
there may be by law levied and col
lected tax. on inheritances, deyises.
requests, legacies and gifts of every
kind and description, above a fixed
sum-" This left the matter with the
Legislature following to fix, provide the
law for the amount Of the tax and
the methods of collection. That ii
was a popular provision is shown by
the vote Of 100000 for to Al, 900 against
It. That it would make a liberal con-
tribution to the public funds the diff
Ference between the probate returns of
the value Of the estates of deceased
persons, when compared with the as
sessments of the same property made
before death, gives ample evidence.
But the legislature of 1895 was alto
gether too much absorbed in senatorial
and other contests to find time to ex-
ercise the power given by this amend
ment, and 1t takes it's place among the
dead timber of the constitution. What
use Is there in increasing the quantity?