Greenbrier independent. [volume] (Lewisburg, Va. [W. Va.]) 1859-1980, 1897-07-01
MISCELLANEOUS.
AMENDMENTS MADE-..
AND COMMENTS OFFERED ON TIE
WORK OF TIE CONSTITU-
TIONAL COMMITTEE.

Col. Richard r. Fast, Chairman ot
the Constitutional Revision Commit
tee, has prepared the following arti
Gle for the Charleston Vest Virqi,,idn
giving in detail the work accom-.
pllshed by the committee.
You request me to furnish a sue.
clnct review of the whole work OF
the Committee on Revision Of the
constitution, setting forth the sew.
eral amendments which were
adopted for recommendation to the
Legislature, together with the
changes in our organic law affected
thereby. The subject matter EN-.
braces great deal, but ! shall try
TO give you "A readable article EN-.
bracing some Of the most important
eitects. l cannot cover the subjec;
iuily until after the report of the
committee is prepared and ready for
submission. | shall here treat OF
the changes as affecting each article
amended.
ARTICLE II.--TIIE STATE.
The only section amended i'm this
article is the first; and the sole eff.
feet of the amendment is to include
in the list of counties constituting
the territory of West Virginia, the
county of Mingo, formed since the
adoption of the Constitution. II
may be questionable whether the re.
suits obtained by this change will
Justify the cost necessary to be in.
Cured. Mingo county is certainly
in the State Of West Virginia never
was out of the State. The change is
merely one of form and not of sub.
ject matter.
There are only two amendments
proposed to this article. The first
is one of form rather than substance
and is embraced in section ten
which now reads as follows:
10. No person shall be deprived
of life, liberty or property withou,
due process of law and the judgment
Of his peers.
In the case of Jelly VS.. Dis, q
w. Va, 275, the Supreme Court con.
strued the word "and" to be syno
nyms with "0r," as used in this sec
tion of the constitution. The change
is therefore proposed to make the
constitution read in harmony with
the decision of the court.
The second amendment proposed
to this article is to section thirteen
and merely adds to the section, AS il
now reads, the following words
But an appeal from the judgment
of justice upon the verdict of 6
jury shall be granted as matter OF
right under such regulations as may
he prescribed by law"
The effect of this amendment il
to do away with the necessity of tax
ing down the evidence in extenso
in jury trial before a justice, and
of taking bills of exceptions to the
rulings and conduct of the justice
The intention is to bring up the
whole matter, both law and fact, tC
be retired in the circuit court, under
such provisions and safeguards as
the Legislature may prescribe. The
Justices jury got into the c0nstitu
ton by the amendment of 1879. il
was never intended that the judg
ment of a justice upon the verdic
OF jury should be as final and bind
ing AZ the judgment of IA court OF
record upon a verdict rendered in
such court; but sundry decisions o.
the supreme court make this amend
ment necessary. The jurisdiction
and powers Of justices in other re
spects remain as they are now.
ARTICLE V.-ELECTIONS AND
OFFICERS.
There are three sections Of thi
article amended. namely. the first
second and Twelfth.
|. The amendment proposed [,
the fist section has the effect Of dis
franchising any male citizen of thi
State "whO has been found guilt.
of selling his vote or receiving any
thing of value for casting his vote a
an election for any particular per
SON."
2. Section two of this article as i
stands reads as follows:
" In all elections by the people tn
mode of voting shall be by ballot
but the voter shall be left free [
vote by either open, sealed or secre
ballot, as he may elect"
The section as revised reads:
" In all elections by the peopl,
whether primary or general, tn
mode of voting shall be by seer.
ballot"
Comment is unnecessary the e
ect Is apparent.
IL. The amendment to the twelt
section provides that the section 6
1t now stands shall be stricken O,
and the following inserted i'm lie
thereof: