Sequachee Valley news. (Sequachee [Sequatchie], Tenn.) 1896-1952, 1904-09-29
CONSTITUTIONAL AMEND
MENT SENSATION.

The latest sensation at Nashville
is the assertion made by John A.
Pitts, of that city, that four of the
proposed amendments to the con-
stitution, the first, third, sixth and
seventh amendments, to be voted |
on at the regular November elect
ion, originated with the Legislature
OF 1908, and were not proposed by |
the proceeding legislature, and
would therefore, be defective and
void, even should they be ratified
by an unanimous vote of the peoS
pie.
The constitution of 1870 pro-
vides in Art. XI, Sec. 3, as follows
as stated in the words of the learn
ed judge;
"It is unquestionable, as l under
stand the law, the special amendments
Of the Constitution, like those now pro-
posed, in order to be valid and effectual,
must take the course prescribed by this
provision of the Constitution-that IS,
they must first be proposed by the Leg
islature and passed by a majority of
both houses and entered upon their
journals, and referred to the succeeding
Legislature, be published for six
months before the election Of the mem
bers of the succeeding Legislature, and
finally be agreed to by twO-thirds Of
both houses Of this second Legislature
before they can be submitted to vote
} OF the people.
"This provision OF the Constitution
clearly provides and contemplates that
the proposed amendment or amendments
shall be passed on affirmatively by two
separate legislatures before submission
to the people such amendment or
amendments would be void even though
r unanimously ratified by such vote OF
the people.
: This is because the existing Consti.
: tuition is the fundamental law of the
@ state, and can be changed only in the
manner which it prescribes,
t Nov the first, third, sixth and sew
:. enth of the proposed amendments orig
l mated with the Legislature of 1908, anC
G we're not proposed by the previous Leg
islature at all. These are the amend
ments which change the term of th'
Il Governor, the terms of the Sheriff
Trustee and register, exempt indus
'e tries, and limit the Indebtedness o
counties and municipalities of one-tentl
Of the taxable properties
/ "These four amendments, therefore
would not become etfectual even if ap
-. proved by the required majority of vot
u ers.
'The other three amendments wer
proposed by chapters 73, IA and ~ o
the acts of19O1, and would become ei
fectual if approved by the necessar,
vote at the election"
An investigation into the record
of the 1901 Legislature shows tha
s. the amendments in question wer
entered as joint resolutions, ana
II is asserted by the opposition tha
the amendments are in proper fori
t. to be voted on by the people. as
T. is claimed that the law does NJ
- specify that proposed amendment
ie shall be brought before the peOp
in the form of acts. Hence the
he is nice question involved as
ne whether a joint resolution is u
~ ~ So ame as an amendment introduce
ISIS by act.
er The Nashville News, in length
editorial on the sensation, says
10 emphatic language:
|. ''No one knows where the seven
no amendment came from. No one
nt. dared to claim its authorship. 1t a
we peared IN the Fifty-Third General 4
sembly, fraudulently stamped with t
ia endorsement of the previous Legis
'eu ture and was quietly handed to the pc
pie for ratification. The bill EN- bri
his ing the seven amendments is legis
tive mOnstrosity designed to procu
the ratification of the amendmeI
'uy through the deception of the ignora
red or careless voters. Tue act proviC
ing that where the Dortch law does not
g. ply, that Is where each contestant tu
-" ishes his own ballots and the voting
Inn done with printed ballots without a
low marks, the seven amendments shall
she printed on the ballot, which must
oln seven inches long and six inches wi
oiP double in width the usual BALLOT
ballot to be divided into two colum
the name of the candidate in one q
the amendments in the other. All 81
ballots that are cast will be counted
the ratification of all the amendme
re- that are not scratched, erased or mari
one out. To vote against an amendment
last must be scratched. II for any rea
ooL whatever a voter fails to scratch
o0A any of the amendments all will
nc counted as voted for. The ignora
INTO the uneducated, the misinformed,
like blind, the though htless-thousands
oa6 people will unconscicusly vote for
eeu amendments under this arrangeme
don The space allotted is so small that
me. readable type will have TO be used,
Mrs. many people will not be able to dis
guish one amendment from anott