The Montgomery advertiser., 1908-08-29
WHAT WILL BE THE MAJORITY Question Up to Attorney
 General. CONSTITUTIONAL AMENDMENTS Doubt # Total Vote November 3 is
 Basis of the Count Consututisnsi section ss4 seems To oosniet with section 4ss of Cede--shan Separate bsi-
 lots Be Useds

Attorney 2enerai Alex M. Garber IS wrestiing with 6 problem of deep con eern to the sponsors of the three con- stitutional amendments to be voted on in the forthcoming election. It Is not impossible that the fate of one or more of the amendments will hang upon his ruling in the matter.
 IT, many quarters there seems to be doubt as to whether the amendments gre to be placed on the same ballots November 8 as those which are to-con- tain the names of candidates for the various offices. There are those who believe they should be printed on sep be made on the basia only of the vote east on the separate ballot for such proposed amendments.
 The Attorney General has not reri- dered hts opinion on this subject He realizes the irnportance of 1t and will hand out his ruling shortly. It is pos- sibls that when the ruling is made it win be sent to the pfohAtA judge of each county In prdsr that whatever Is done in. one county shall De done m same manner as in every other county Thus there will be q uniformity about the business, facilitating the final count of the vote and the declaration Of the result.
 The importance of this matter Is manifest when one considers the diff ference between the methods of count on the amendments that would be ap- piled if they appear on the same bal lot with the candidates and if they are ordered printed on separats bailots ute q majority and therefore . vic. tory for an amendment in one case might mean defeat in another.
 A lawyer, speaking of the problem yeeterday. said; If for instance, there%are ls0.o00 votes cast at the gen eral election for officers and 1t devei- ops that only a0,000 votes were ex- pressed on the amendments When the returns are made to the Secretary; of the rnaJority7 Would 1t be based on the i20.ooO or on the .so,ooo. n the one case . vote of s0,000 would defeat any amendment while in the other it would mean a two-thirds majority and e victory.
 T understand that the friends of the amendments will .insist on separate ballots to carry the substance of the amendments. They ask that the ma jority to rule be. the majority of the votes east on those issues and not the total poll of the general election. How eyer, there ia doubt in nny mind. even if separate ballots are used for officers and amendmenks whether the total poll of the general election will not be used as the dsnominator in determin- ing the majority"
 Prevalent Oplnion.
 The prevalent opinion seems to be that whether the same ar separate ball. lots are used for the amendments. the majority only of those votes cast foE and aaainet the amendment in each case shall determine it's adoption. It is claimed that the provision in Sec tion 2ss of the Constitution itself is unequiyocal on this point.
 The sanie section of the Constitution provides that the officers Of the gem eral election shall "open Q poll" ef the qualified electors at such election. in order to get vote on the proposed amendments. The doubt seems to have arisen by comparing this Con- stitutionaI section with Section %s7. of the code. The latter compeis the res turning officers in the counties .@ to make return of the vote on the amend ments to the Secretary of State to- gether with q certificate, prepared from the poIl lists, of the total num- Der Of qualified electors in said county wlfo voted at such election" s
 Then follows also Section 43S of the Code which seems to oomplicate mat ters worse by providing that the See- retary of State when such returns ana certificates are filed with him shall in the presence of the Governor and the Attorney General "open such cer- tificates and therefrom ascertain whether . majority of all the qualified electors of the State who voted at such an election voted in favor of such an amendment or amendmentS'' etc.
 It is argued thatsif this latter sec- ton is held valid signihcance must be attached to the fact that the certih- cates are made the basis of deternin- ing the majority of votes for or against the amendments. These cer-