The McCook tribune., 1897-01-22
Constitutional Amendments.

The last session of the legislature. fy
joint resolution, submitted twelve consti-
tutioEal amendments to the voters of the
state for their ratification. One Of the
amendments so submitted provided for an
increase in the number OF the supreme
court judges from three to five. The leg
islature provided fer the election of two
, additional judges contingent on the adcp-
ton of this constitutional amendment
Candidates We're nominated by the differ
ent parties and William Neville and John
s. Kirkpatrick were elected, contingent
on the adoption of this amendment. Tho
section of the constitution in relation t1
amendments provides that they shall be
submitted at Il general election at which
senators and representatives are elected
and if a majority Of the electors voting
at such election adopt such amendments
the Same shall become part of the con-
stitution. The legislature also provided
that the vote on the constitutional amend
nlents so proposed should be canvassed
by the state canvaSSing board, but gave
to such board no direct authority to de
clare the result of such election or to
determine whether such amendments were
adopted.
The canvassing board canvassed the
vote and found the number of votes cast
for and against each of the proposed
constitutional amendments and also the
total number OF electors voting at said
election upon all propositions and made
the qualified finding that if it took ma
jority Of all the voters voting at such
election for any purpose that said amend-
ments were lost, d majority of the cam
vassing board being CT 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 sl;p-
ported by the better weight of authorities
in wei considered cases, and has been
distinctly repudated by our own supreme
court, which, in d case reported in the
1!th Nebraska, constituting this section OF
the constitution held that the votes nee
essary to adopt an amendment must be
ajority of all those cast in the state
at that election for senators and represen-
tatives.' This opinion was expressed by
two of the judges, only one dissenting,
holding that the section of the cCastitu-
ton under consideration should be con-
strued to require only d majority Of the
votes at such election cast upon the prop
oSit!on for the adoption or rejection of the
amendments submitted for that purpose.
In a more recent case, reported in the
47th Nebraska, page At, IN considering
similar question the court again repudi-
ated the doctrine that the total number
Of electors voting at the election was the
proper basis upon which to determine
the result on any particular proposition
and quotes approviagly the language of
another court in defining the wtrd vote
to mean an expression OF the choice CT the
voter for or against any measure, any
law or the election of any person to Of
flee
The canvassing board was unable to as
certain the number of votes cast for the
election of senators and representatives
and the result of the election rs TO the
adoption of these constitutional amend
> Ik +l,-
determined without a recanvass Of the
votes cast upon this proposition and an
ascertainment CT the total votes cast
for senators and representatives to com
ply with the construction given to this
section Of the constitution by the supreme
court
Attorney Generals Report.
1 request your attention 10 the report OF
the attorney-general wherein he suggests
the advlsablity of amending some OF the
laws OF the state which have come under
his personal observation in the conduct
OF his ofrice. 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-se general reports that at the time
Of entering upon the duties of his Office
two cases were pending in the district
courts for the purpose of compelling the
railroads 10 put in transfer switches as
contemplated by this action Of the stat
utes upon the trial Of these cases the law
was held 20 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.
This matter" says the attcrney-geH-
eraI, ought to be 4 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 c5ns-!tu- |
iiCnal objections 10 the same"
IN this report. the at;orrey-ge1eral /
recommends an amendment 10 cover I'M |
perfections pointed out in section u. OF :
chapter ". Of the criminal code, entitled !
Violence 20 person not resulting IN (
death" He suggests amendmen-s 20 Sec !
ton 90 in relation 10 injuries 70 railroad I
and telegraph property, and also 20 sec /!
ton 2i4 Of the criminal code making the /.
rohbing of a grave pf a dead body q |
felony instead Of misdemeanor, as a. |
present.
It occurs to ne that these recommends |
tons are worthy OF your consideration, F!
and that the statutory provisions referred |
70 would be improved by the amendments !
suggested.
Tennessee Centennial Exposition.