Republican news item. [volume] (Laport, Pa.) 1896-19??, 1899-08-10
SUSTAINED BY THE COURT

Judge Weiss in the Dauphin county
county court. The alleged reformers
We're represented by counsel and. of
/ course. there was distinguished and
expensive legal talent on hand to look
after the voting machine interests. If
one veto was not sustained of course
the same decision would cover che
other. Congressman Olmstead. of this
district, and former Attorney General
Hensel, of Lancaster. appeared on be-
half of Secretary of the Commonwealth
Griest. There was spirited legal bat
| tie. The lawyers seeking the manda-
mus on the secretary of the common
wealth. requiring him to advertise the
proposed constitutional amendments,
argued that these resolutions did not
require executive approval. This was
their only contention. They were COM
pletely overshadowed by the character
and the force of the arguments on the
other side.
Messrs. Olmstead and Hensel filed
the following objections to the petition
on the rule for a mandamuS
|. The governor having disprOVeG
the resolutions proposing said amend
ments to the constitution, as set forth
in REALTORS petition. the same are
without validity and are of no binding
effect.
. Neither house of the general as
sembly having passed and adopted said
resolutions, the governors veto not
withstanding, they are invalid and OF
no binding effect on respondent
g. The governor of the common
wealth has right, according to the
constitution thereof, 10 pass upon. to
approve or disapprove all joint resolu-
tions adopted by the legislature. eX-
cept such as provide for its adjourn
ment.
4. The legislature having appropriat-
ed no money to pay the costs of the
publication of said resolutions, the re-
spondent having by careful inquiry,
! ascertained, nor states as his belief
that the proper publication of said res
olutions in the newspapers Of the
state as contemplated by law would
cost not less than 100000. and as he
is without any funds to pay the same,
or any part of the same. he has no
right to contract such indebtedness
without previous warrant OF law, and
no officer of the state is authorized TO
pay said expenses. nor to draw any
warrant for the payment of the same.
s. Even if there were any warrant Of
law for mourning the expenses Ci said
publications, there is at present no
funds nor money in the treasury of the
commonwealth OF Pennsylvania, not
otherwise appropriated, out of which
said expenses could be paid"
HALF A MILLION SAVED.
Mr. Olmstead defended the COVER
nor's right to veto the amendments.
IF, as to ordinary legislation, the
trainers of the constitution deemed it
so important to safeguard it by re-
quiring executive approval or disap-
proval," he said, how much more rea-
son would there be to guard against
hasty or i'll advised legislation. There
should be no exceptions to theemphatic
rule thus laid down that every vote re-
Quiring the concurrence OF both houses
shall be presented to the governor for
his approval or disapproval,"
"The second constitutional amend
ment. which it is complained the sec
retary of the commonwealth has not
published" he continued. proposes
TO change this provision so that vot-
inc by ballot will no longer be re-
qured. but the voting shall be done
by a complicated system of machinery,
the voter pushing the button and the
machine doing the rest. AS Il member
of the congressional committee on
privileges and elections acquired
some familiarity with this system of
machine voting in the contested case
of Ryan VS.. Brewster. from the
Rochester district of New York. learn
ed enough in that contested case, how
ever, as to the expense OF these ma
chimes TO know that il would cost the
taxpayers of Pennsylvania at least
$500 600 to install that system through
out this commonwealth Furthermore.
the act of congress with relation TO the
election of members of congress eX-
pressly provides that the voting for
them shall be by written o. printed
ballot No amendment to the eonst-
tuition of Pennsylvania could change
that provision in the act of congress.
Voting by ballot must therefore, still
continue in the election of congress
men. Ii the machine system should
p'evail as to other Offices two systems
voting would be in force every two
years at the same general election.
hardly think the voters OF this COM
monwealth are ready TO entail upon
themselves this duplicate and eXpen
sive system of voting. 1t is perhaps as
well that the voters of this common
wealth are spared the expense of pub
fishing the proposed constitutional
amendment saddling upon them. so
cumbersome and expensive d sy EN-
of machine voting, which amen mt
would. when properly understood, most
assuredly be voted down.
Mr.. Hensel supplemented these re-
marks with torcihle address.
JUDGE WEISS DECISION.
Judge Weiss, after reviewing the
arguments of both sides. handed down
a carefully prepared opinion, in which
he refused to grant the requested
mandamuses and fully sustained the
action of Governor Stone in his vetoes
of the two resolutions. He held that
"a proposed amendment TO the con-
sttution must be presented 10 the gov
ernor for his approval or disapproval."
He quoted extensively from provisions
of the constitution to sustain this po-
sition.
No, tie.fa t,,t.x hos