The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-05-21

ouestJcnsd before any court In a prop
sr proceeding. the duty Of the court
l To- 70 eaas upop Its constitutionaifts
wherswef thu rights OF parties iitixant
deppn6 upon aolution OF that question;
ia bill u pnsned by both houses Oh
| the general assembly, and Is about 70
be transmitted to the governor for MS
veto or SIGNATURE. II ID very clear that
thu judiciary department of the gov
eminent could not enJoin the trans
mission of the enacted bill to the gov"
| ernor on the ground that II was un-
| constitutional as sucn proceeding
would manifestly be an unwarranted
interference by the courts with the
constitutional processes OF the legis-
lative department.
$50 In the case at bar the amend
ing of the constitution Is the making
of a permanent law for the people
Of the state by which they are 10
he governed In the future. and the
courts cannot interfere to stop any or
the proceedings WHITE this permanent
law is in process Of being made. III
the amendment is not adopted, OF
course. no question will ever come be
fore the court II upon completion of
the proceedings the validity OF the
amendment lis assaiied on the ground
that the several provisions of IN" con-
aiisstutien have not been complied Win.
then tho courts can pass upon the va
lIdity of the amendment. The judi
ciary department has the power, and
1t is It's duty to pass upon Inc validity
Of a constitutional enactment Wnen
put In force. as well as upon the va
lidity OF an act Of the Legislature
regularly passed and put In effect
Well Settled Principle.
&c 1t Is well settled principle reg
ulating the jurisdiction OF the courts
OF equity that ouch courts will nos.
with few exceptions. enJoin the mold
ing of an election, or Interfere, by its
= process -ef-4a Junction, with the hold
ing Of an election. tnder section 1J6
. II Ia clear that after the first and
the next succeeding legislatures have
both agreed TO the proposed amend
ments, the general assembly has no
further function 20 perform than 10
submit the proposed anenom ents To
a vote OF the people, In other Worus'
to direct an election TO ascertain inc
viii, of the people upon the amend
ments The analysis of the act IN
question here which have made
shows that this act of 1912 In effect
and substance does nothing but direct
an election to be held upon the pro
posed amendments TO section lls ana
section l2o of the constitution.
The requirement that the secre-
tary OF the Commonwealth shall seno
out copies Of the act TO the oificers
of rrne counties and cities is preiim~
mary to, and in aid Of the electon
which is to he held. How can the
secretary of the Commonwealth De
enjolned from sending out the eopier
OF the act, as he is required TO 40
without interfering with the election
k1 ha hoI 10 election
cannot be held without these copies
| of the act being sent out, then the
object of this proceeding Is not only
| to interfere with an election, hu.
actually to prevent the election being
held. IT this is not the case. then
| 1t may be said that the act or the
| secretary In not essential and that II
| he is enjoined the officers OF the coun-
| ties and cities may, nevertheless, OBJ
! tain copies of the act from other
! sources and proceed with the elec-
/ ton. II this can he done. then the
proposed injunction would be nuga-
/ tory and this case presents only
moot question.
| I'm some cases the courts have
enjoined the holding of an election
In which the property rights Of tho
| plaintiff were in danger. hut that can
not be said to be the case here.
think II would be extending the pow
or Of the process of Injunction too far
to interfere In case of this character
/ to prevent an expression OF the pom
uiar will by en- election ordered to
be held under the general election
laws Of the State. The court cannot
say IN advance In this case that the
property rights of the plaintiff are
affected. nor can 1t say In advance
what might be the result of the adop-
ton OF the amendments In general.
for the election might result In favor
OF those voting against adoption As
or matter Of public policy with
about to be held will be held under
the general election laws OF the State,
with reference to political question
or matter OF publuIc policy with
which the judiciary and particularly
court Of equity cannot Interfere"
1