The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-16
a CONSTITUTIONAL QUESTION.

The main issue in the case OF the
proposed constitutional amendments
permitting unlimited tenure to city
treaaurers and city commissioners of
The revenue Is tho constitutionality OF
submission in 1872 THAT is The point
upon which the decision of Governor
Mann will undoubtodly turn for the
constitutional consideration is the one
which must appeal most 10 his good
conscience as the sworn protector and
offender of the Constitution of vlr-
sinia. The political aspects of the
question as distinguished from the
legal ana constitutional phases. Will
b. the nature of the case, appeal far
less, ii Mt all, TO the discretion of the
Governor.
The Times-Dispatch not only takes
the position that the proposed sub
mission is unconstitutional, but also
Is Of the opinion that, even were sub
mission proper the amendment ought
not, for reasons of good government.
TO be ratified by the people. There
arc number OF newspapers which
Rgreo with us In the FIRST contention.
but not IN the second Many who
favor unlimited tenure for the officers
ai.ectcd contend, on the other hand
that submission in 1919 is unconsti-
tutionel. that the amendment is al
ready a part OF the Constitution. and
that 70 amend constitu;ionally the bin
before the Governor must be passed
upon by another session OF tho Cen
eral Assembly before It viii DO lawful
ana proper Tor the Governor to act hnd
the people 10 vote. The Petersburg
1ndex-Anpcrl, for example, thinks that
it is absurd to limi; city trcasurcrs
ana commissioners when no such re-
str'ctlon is Placed upon similar coun-
" officials, bur goes on to say. that
mite? in nowise aTeci, The binding
character OF the plain constitutional
provision that two Legislatures must
adopt an amendment to the Constitu-
ton before the people shall be called
upon % ratify or reject IT."
Such u position Is, OF course based
on the contention that the amendment
ratified by the people In 1910 and pro
claimed by Governor Mum was validly
submitted. ana Is, therefore now Il
mart Of tho Constitution OF Virginia.
This involves the proposition that the
form Of submission was valid-n fact.
the whole case for the supporters of
the bin before Governor Mann rests
on the point that the form in which
the amendment was submitted to tho
people was improper ana invalid, be-
cause two numbered paragraphs OF
the Constitution were amended in the
resolution instead OF one. In other
word the question Is Are tho num-
e and arrangement OF sections
the substance OF the amendment?
} tho fact that two separate sections
of the Constitution were included In
q s'n-lc amendment bar to the
validity OF sucs. 4amepdrnent? What
constitutes ono amendment?
with reference to this matter Tx
courts have ordinarily taken a liberal
and common sense view. declares
Walter Fnirleigh Dodd or johns Hop
iins University In his able ana re-
M, !, go. , -. .'o'' "to amend
49,, III '''oi.s mere
cor nas,.sa s' w. Z ny OF cn'-
wherein an amendment was attacked
as altering more than one article Of
the Constitution OF the State Tho
court rejected that coutentjo. ma 40
clared mat $40 rcs,,,ot,oo
:.
:, r,,c, ""S hot intei'"ed ia prevent
- ieliuiivt's OF changes when
- .s'',s.'Di!iS MorSea ~ o'hhT articles
= "a ,.'.iis i'u'lon 9y ne express
80 '''C "a p'tucN!ar article OF
rg,.,,l my o'her View
~ H'li r"W ~ 20 proLihlt
g., ~, - -i%sp'no'y ~ many II not
80 - .o9e9' lroih pF'Po5!n% "mond-
Cn,,stt,r.,o - ,, s.s"'aF "r'.c4e OF ING
ori,c1, l',.'a,.'ue'i ~ 'ne aoFera
$500 1870 -" Nh' anu