The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-06-17


atheavot5n exstsat suoh8 e~Isctior shall be I'M
favor of changing the county seat to the
place named. the change shall be made
The Court on q construction OF the words
votes CAST held that the majority was to
be ascertalned from all the ballots
that were cart At the election, although
some Of the ballots ~coufdsnot be dccipher-
ed, or counted either for or against the
proposed change OF the county seat.
decisions Of which the Eases cited are
types have no relevancy to the construc-
ton of our Constitution. The constitu-
tional provision does not require a ma
joritys Of the voters who are admitted as
such at the election, and who, in fact. ex-
ercise or attempt to exercise the elective
franchise. The certificate of the number
OF votes received by the several election
boards il presumptive evidence that the
persons by whom they were cast were
qualified voters. But that concession does
not dispose Or this question. The Consti-
tutionz requires that the approval and
ratification OF any amendment shall be by
q majority OF electors who are not only
qualified to- vote, but who did actually
vote upon such amendment that is. quali-
fled voters. whose ballots were entitled by
law to be counted In declaring the result
of the election either for or against the
amendment.
Though q qualified voter succeeds in
getting his name IN the poll list and a
ballot in the ballot box, he is not a voter
voting op the amendments unless his ball.
lot is sueh as is prescribed by law and
conforms to- the general law regulating
elections. The. act contains no provision
for the certificate and return of the bal
lots that weregrejecte nor does it pro
vide for an inquiry either before the
county boards OF election or before the
board Of State cahwassers with respect to
the grounds ugon which votes have been
rejected, nor are either OF these boards
empowered to eusbody in their official ac-
ton any results other than such as are
exhibited by the official statements pro-
duced before them. The ballots returned
as rejected must be taken to have been
properly rejected and consequently are
to be excluded from the computation Of
the votes cast for or against the amend
ments. Such ballots are simply utilities.
The power OF the Legislature to adopt
reasonable regulations for the conduct of
electionsAfs undoubted. Among the regu-
lations adopted for conducting elections
from the earliest period Of voting by ballot
are those which provide for the manner
in which qualified voters shall enjoy the
elective franchise. Such regulations are
necessary to secure fairness and honesty
in elections. When the constitution pro-
vided for submitting amendments to the
- -" --..- III
thatsit was contemplated an election held
in conformity with regulations adopted in
the act submitting the amendments or by
the general laws of the State, and that by
electors qualified to vote and voting there
on was meant qualified voters who exer-
cised the elective franchise in such a man
ner as entitled their ballots to be cam
vassed and counted in ascertaining the re-
suit of the election. The several acts un-
der which constitutional amendments
have heretofore been submitted to the
people are Illustrations of this principle.
They provide the form of ballot that
shall be voted and counted as a vote for
or against an amendment, and that the
the election officers should in all respects
conform to the requirements of the gem
eraI law respecting elections, except as
modified by the act"
find no imperfections in this act on
constitutional grounds; nor in the proceed
ings Of the hoard Of State CanvasseTs,
and for that reason the writ of certio-
rari should be dismissed.
But ii. we had found i~nfirmities in ire
act ON other than constitutional grounds
or in the proceedings of the board, the
same result would follow. The constitu-
ton provides no method for ascertainiag
or recording the result Of the election
That; duty is entrusted to the Legislature,
the representatives of the sovereignty of
the peoples, to provide the means for de-
termining the result of the electi N ard
furnishing the evidence that amendments
submitted to the people nave. become
part of the Constitution as a memorial for
all time.
THE Legislature constituted the Board
of State Canvassers, the tribunal by
which the result of the election should be
ascertained, and vested in it the jurisdic-
ton to determine whether any amendment
or amendments proposed had been adopt
ed, and gave to, the certificate of the
board such force and effect that upon fiji
ing the same the amendment or amend
ments SO certified to have been adopted
should be and become part of the Constr
tuition.
I'm order hat the certificate of the
Board Of State Canvassers should have
the sanction Of the executive department
of the Government, and the result so Ger
tilted be publicly proclaimed, the Legs
lature made it the duty of the Governs
to issuesa proclamation declaring whAof
the proposed amendments had been adopt
ed by the people. The concurrence of the
Board of State Canvassers and the exeeu-
tive department Of the government. in
their respective official functions, places
the subject beyond the cogrizance of The
judicial department of the government.
The: cases to- that effect are cited ~
Justice Van Syckel in his opinion upon
the application for this writ.
ut is unnecessary to reproduce these eli
tations. 1t Isl sufficient for US to say
that after the decision and determination
OF the Board Of State Canvassers and the
proclamation Of the Governor the mater
has passed beyond the reach Of the ju-
dietary. If the decision OF the Stale
Board should be set aside by our judg-
ment, the proclamation of the executive
would still remain.
sThe writ should be dismissed"