The chronicle=news., 1913-07-11

people OF this state will be required
to observe. will probably not be
known until the court Of last resort
has expressed Its opinion upon the
many vaGarlea. ambiGuities.. uncer-
tainties. and confusions therein en-
boded. as will be elucidated by u
careful analysis OF the constitution
Al provisions. u
LET us now devote our attention
to q cursory analysis Of the amend
ment adopted and appearing In our
constitution ~ Article ?l. and famii-
iarly known ~ The Recall from Of
flee.
This amendment was carried BY
popular majority OF . little over
fourteen thousand-leas than IS per
cent Of the entire vote pobed hav-
inG voted on the subject. So II re-
mains . mooted question whether y
Is the will Of the majority Of the
people Of the state. but II IL settled
that II In the viii Of the majority
fothose who saw III to express their
opinion thereon. and this makes u
law.
There has been aoms discussion OF
the validity OF even . constitutions
enactment Of this character. upon the
theory that the direct management
and control Of tho elective officers.
by the people at large. was such r
rcl~xation to = purely Democratic
form OF government a. to be- inimIc,i
to that provision of the federal con-
stitutlon guaranteeing 10 each OF the
states = republican form Of Govern-
mrnt. and that portion Of the enabi-
Ing net. whereby We pledge ourselves
to maintain Al all timea. . republican
form of kovcrnmeai for our common.
wealth.
The question presents Itself n
ny mind - bsiaG merely su addi.
tionai method Of rsnoviss a incun-
best from he office. sad. u done for
cause. undoubtedly would appear Just
a. lssiiimair - would tho method
by Information 10 . court Of eompei.
irat Jurisdiction. Bsiae a removal.
however. hassd upos arbitrary. ga.
prirtous. or whimsieai sround,.
could. of eourss. b. tolerated In u,
form aavs the great tribunal COM
posed of the whole people
Then. 10 seriioa Z. clearly sp.
pcass the rouxh rosd The recalled Que
has 10 travel, Il prosides shsi. on
the ballot under the question. askisx
whether o. DOT The iarunheat
shouId b RECALLED. sAslt ~ prtatsA
the asaes os thoss candidates Who
have beea aoMisaieA to suee~ed the
p~ssna sought to b. recalled: asd
that no vote shall ~ coaai~si for any
candidate for such office. usl~s. tho
voter slso vote for as against the r..
call uf aseh ressnn sought To hc r..
rali-d tsoa aid office. Here eom-.
the slsx-r; tn. ssme os the p~r.
."n sssias' ~hoM the petition 4.
filed shai, not spp~sr OF the hsiios ..
candidate for The 7inee.'
''if . majority Of tso>~ vo,ins on
such question ~ recall. shall ,o,-
no. the iacun s~aS shalt cost iuu~ 10
office. n = majority shall vote yes.
tho iaeumbras shall b. s~moved apoa
l h. - s.
M vote h cast expressly for the In.
cumb~nt 10 Il will be Observed
that. u all thas- sotias for the .sa.
d,dsi~s Whose asme. are PLACED on
the ballot. DESIRING thu, their esnd.-
date shossld ~ elected. sad prefer.
Iins him TO the iseuahsos. should
vote 'ye>' % the recall. which the,
siii understand Shey must ds ia
order to have the tvmovsi. for their
individual preference. asa the at.
nrmativc sotrs for shose several cau.
dtdstcs shooid asGs~sas~ = majority
4 the voies hsiic'ca. r.saove the In.
uasbeat. .sen though the aajDei,v
II the people s"'iss wight prefer
the insumhca' to asy p~ssos aomIn.
a'cd assias, hin. aad would - cS.
prcss themselves II the iacumhcnt
were placed on the ticket with aay
one or aore ot the candidate. NAMED
For paragraph = Of the Sersios pro.
v'dcs; "if the vote ., say sss~h recall
elcctioa shall recall the officer. thes
the candidate who has eeretved ihe
hishe.' number of votes for the Of.
ficc thereby vacated. shalt b. de I
c,ated elected for the remainder ~
the term. aud certificate ut esec.
'iou shalt he forthwith i~acJ "a
him.