The Columbus commercial. (Columbus, Miss.) 1893-1922, 1898-11-13

does not mean-as many think-two-
thirds Of ALL The QUALIFIED VOTERS
WHOSE NAMES APPEAR on THE REG
IsTRATIoN BOOKS.
An examination Of the adjudicated
cases Of the various state supreme
courts, as also Of the United States
supreme court, constituting similar
constitutional or statutory phrase
ology with rare unanimity hold
that, where the word GALL" is omit
ted. majority" or a two-thirds
Of those actually voting, carry the
election in favor Of the measure
those not voting being presumed to
have acquiesced in the result-that
the skeptical may examine, if they
wish, and learn from the authorities,
if they will. now proceed, at the
hazard of being prolix, to cite some
of the many decisions of the courts
constituting constitutional and statu-
tory provisions embracing the
phraseology, ga two-tbirds" or a
"majority" vote of the qualified
electors of said city"-used in the
Act of February 2hd. 1898.
The constitution of Minnesota re-
ouiring that a law relative to the
removal of a county seat shall, be-
fore taking effect, "be submitted
to the electors of the county,
and be adopted by majority
of said electors. The supreme court
of that state held that phrase to
mean, ga majority of those electors
voting at the election" To the
same effect are,
Taylor VS. Taylor, 10 MINI. tO7
Bayard vs. Klinge, 16 MINI. 249.
A statute Of North Carolina, which
authorized aid to be granted rail-
roads upon same having been "vot-
ed by a majority of the voters Of
said town qualified to vote for COM
missioners, was interpreted by the
supreme court in that state, in
Reiger VS. Commissioners, 70 N. G.
3t9, to mean a majority of the votes
actually cast at the election: that
all voters who did not choose to
participate in the election care to
be taken as asserting to the result
of the election, according to the
vote actually polled."
A Missouri statute required that
all propositions "to create a debt by
borrowing money for any purpose
whatsoever" should be submitted
''to a vote of the qualified elector;
of city, and that two-thirds O.
such qualified voters was necessary
to sanction the same" The su.
preme court Of that state il
in State VS. Renick, 81 No. go, helC
it sufficient "if two-thirds of the
qualified voters who voted at tn,
special election voted in favor o
the proposition"
In Sanford VS. Prentice, % Wis
/ / 358, it was held that the majority o
the legal voters Of a district mean
only a majority of those actually
, voting at the election.
In Vance VS. Austell, 40 Ark. 400
the court held that the phrase
: "without the consent of a majorit.
Of the qualified voters Of the coun
} ty," meant "a majority of thos
actually voting at the election"
In Smith VS. Proctor, BON. Y. 319
2 it was held that the phrase, ga ma
2 iority of all the inhabitants of an,
school district entitled to vote,
meant a majority of those actuall,
voting.
q In People VS. Clute, so N. Y. 46l
9 the court held: "Those who are alb
! sent from the polls, in theory an
+, practical result, are assumed to as
. sent to the actions of those who G
to the polls and vote: an
those who do not vote ar
> bound by the result of the action c
those who do"
: In Green vs. State Board, the su
(; preme court of Idaho, AZ Pac. ReI
b 259, had under consideration tn
4 question whether proposed consti
: stutional amendment permittin
8 women to exercise the elective fran
4 chise had been carried at an electio
t held under an article of the stat
: constitution, and the terms of whic
Il amendment were that ga maiorit
d of the electors shall ratify the same
and the court held that a majorit
e of those voting was all that the con
r stitution required, and that the te