The Red Cloud chief., 1897-01-22
Constitutional Amendments.

/ lVi " tilt III oN' diib WV SuCnt
should be turned into the state treasury.
constitutional Amendments.
The last session Of the legislature. by
joint resolution, submitted twelve consti-
tutional amendments to the voters Of the
state for their ratification. One Of the
amendments 80 submitted provided for an
Increase in the number Of the supreme
court Judges from three to five. The leg
islature provided for the election of two
additional judges contingent on the adop-
ton OF this constitutional amendment.
Candidates were nominated by the differ
ent parties and William Neville and John
8. Kirkpatrick were elected, contingent
on the adoption Of this amendment The
section OF the constitution in relation II
amendments provides that they shall be
submitted at a general election at which
senator's and representatives are elected
and if a majority OF the electors voting
at such election adopt such amendments
the same shall become II part OF the con-
%stitution. TIL legislature also provided
that the vote on the constitutional amend
ments so proposed should be canvassed
by the state canvasslng board. but gave
to such board no direct authority to de-
clare the result of such election or 10
determine whether such amendments were
adopted.
The canvassing board canvassed tho
vote and found the number OF votes cast
lot anu dgdllSt each oI tIe pTOIOsbu
constitutional amendments and also the
total number OF electors voting at said
election upon all propositions and made
the qualified finding that IL 1t took a M
| jority OF all the voters voting at such
election for any purpose that said amend-
ments were lost, II majority of the cam
wasting board being Of the opinion that
this was the proper basis upon which to
determine the adoption of such amend
ments.
| This doctrine does not appear to be SUP
ported by the better weight OF authorities
in well considered cases, and has been
distinctly repuGiated by our own supreme
court, which, in a case reported III tho
18th Nebraska, constituting this section OF
the constitution held that the votes nee
essdry TO adopt an amendment mutt be a
majority OF all those cast in the state
at that election for senators and represen-
tative5." This opinion was expressed by
two OF the judges, only one diss
holding that the seoticn of the constitu-
ton under consideration should be con-
strued to require only a majority Of the
votes ut such election cast upon tbs prop
osiuon for the adoption or rejection of ths
amendments submitted for that purpose.
In u more recent case. reported in tho
nth Nebraska. page AT, In considering a
similar question the court agatn repldi-
ated the doctrine that the total numb r
or electors voting at the election was to
p'SpNA poohS uuoh WuLSH " uetcEAilnc
the result on any particular proposition
and quotes approvlngly the language of
another court In defining the word vote
to mean an expression OF the choice, OF me
voter Tor or against any measure, aLy
law or the election OF any person to Of
flee.
The canvassing board was unable to a.
certain the number OF votes cast Tor the
election OF senators and representatives
ana the result OF the election as t. ,he
adoption OF these constitutional amend
ments, II would seem, cannot be correctly
determined without a ~recanvass of the
votes cast upon this proposition and an
ascertainmrnt OF the total votes cast
for senator's and representatives to CON-
ply with the construction given 10 this
section of the constitution by the supreme
court.
Attorney Generals Report.
l request your attention to the report OF
the attorney-general wherein he suggests
the advisabillty of amending SOM OF the
laws OF the state which have come under
his personal observation In the conducl
OF his office. An act was passed In 1888
providing that all railroads touching the
same point In this state should build and
maintain transfer switches for common
use In transferring freight in carload lots
from one such railroad to another. The
attorney general reports that at the time
OF entering upon the duties of his office
@'o '. N"N y
courts for the purpose Of compelling the
railroads to put In transfer switches as
contemplated by this action of the stat
utes. upon the trial of these cases the law
was he'd to be unconstitutional and In
each case upon different grounds: that
upon appeal to the supreme court. the law
was held void. but upon still different
grounds.
'Thls matter" says the attorney-gen-
eral. ought to be a subject OF legislative
enactment. but great care should be OBJ
served In the preparation Of such a meas
ure so that there could exist no constitu-
tional objections TO the same"
In this report, the Encouragement
recommends an amendment to cover i'm
PROJECTIONS pointed out In section IL. Of
chapter w, of the criminal code, entitled
violence to person not resulting in
DEATH" He suggests amendments 10 Sec
ton 90 In relation TO injuries to railroad
and telegraph property. and also to sec
ton "a of the criminal code making the
robbing OF a grave VI a dead body a
felony instead OF a misdemeanor. as at
present.
1t occurs to me that these recommended
tlons are worthy of your consideration.
and that the statutory provisions referred
to would be improved by the amendments
suggested.