The leader., 1899-12-06

in the election shall vote therefor"
In one case two-thirds Of the cleo
tors of the county must vote therefor,
and in the other a majority of those
voting is sufficient. Sec. 80 presents
another example of express provision
! 10y the constitution for a majority of
those voting on given proposition to
carry it. From which it is seen that
where it was intended to make the
votes of a majority of those voting on
a proposition sufficient, it is plainly
declared. From which it may be con
cluded that. "iC it had been intended
to make majority of those voting on
proposed amendment sufficient to
pass it. it would have been so declared.
and as it is not so declared, it will not
be so held"
Apart from this reasoning, which
seems conclusive. it has been held by
/ the courts of Nebraska, Ohio, Califor-
mia. Illinois. Michigan, Missouri. and
| perhaps other States, that the forego-
| ing view is the correct one. There have
| been few contrary decisions, but they
are far from satisfactory. The over
whelming weight of authority is in ia
vor of the view above presented.
Although an advocate of the plan of
electing Judges and all other officers.
| | think it fortunate that the proposed
amendments did not receive the requi-
| site number of popular votes to carry
| them. for several reasons. 1t is matter
of grave doubt, if they would not be
| condemned for not being submitted
! separately. 50 the several distinct prop
ositions might have been voted on sep
arately. | know it has been asserted
very positively that this doubt is re
moved by certain decisions cited. |
/ have read these decisions and they fell
! far short of removing my doubts on the
subject. | confess my inability to see
/ how the amendments could be operated
/ practically, if adopted Let any man
! try to frame a law TO fit the conditions
| with the amendments adopted and he
will meet difficulties, am sure The
amendments contemplate Irregular jud
| icial elections" and elections to fill
vacancies, and yet while they abrogate
| certain sections of the constitution.
/ they leave in full force section IL.
which provides for appointment by
| the Governor when vacancies occur
during recess of the senate. This
/ section was overlooked when framing
/ the amendment.
It cannot he said to be repealed. for
! the amendments specify by number
/ the sections TO be repealed, and it is
rule Of logic and of law that the eX-
preston of one thing is the exclusion
/ Of another. ELyrfSSi0 minis e.rciHSiO
! ditefiaS. Behold the incongruity of
constitution thu, patched
Again. the amendments require
pdftB nomination by districts, and cleo
! tion 10y the whole State. Where the
| necessity for or the wisdom of idrty
nominations by convention or prima-
ries every time judge or chancellor
Is to he elected The amendments re.
quire the election to be as for State of
licers, and the returns are to be made
to the legislature, and it is TO declare
the result. The legislature is to meet
biennially. How would this be man
aged? Why multiply elections. when
one effort of the convention of 1890
was to REFUGE the number? Why rob
the people of district of the right to
elect the Judge who is to preside i'm IT?
| suppose the party divided in district
and two candidates were presented. the
State might elect the one opposed by
the great majority of the voters of the
district, and the judge would serve
among IA people perhaps bitterly OPP
posed to him.
1t is probable that the status of the
amendments will not be settled until
passed on by the Supreme Court