Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-06-07

before the Governor anu touhSii az
the case OF Sheriff r. Herbert White
OF Penobscot county, 10 show cause
why he should not be removed from
ONCE for failure 10 enforce the liquor
lnws of this State:
The Legislature Of 1871 passed a
Resolve which was approved March
70, 1917. which appears as Chapter
40 Of the Resolves OF the state OF
Maine for the year 1917 which pro-
posed An amendment to Section 10 or
. Article IN OF the Constitution OF the
state. In this Resolve II was pro-
a. ided that the inhabitants OF the re-
Ipective cities towns and plantations
nf the state should be notified TO meet
IN the manner prescribed by law Tor
calling and holding election OF sena-
tors and representatives on the sec
end Monday in September following
the ,esspva Of tho Resolve, that the
= r,tlots should he received. sorted and
counted and declared in open ward
town and plantation meetings ana re-
turn should be made to the once OF
the secretary OF State in the same
manner as votes for Governor ana
members of the Legislature and the
Governor and Council shall count
such votes and ii II shall appear
that n ma iority of the inhabitants
voting on the question are in favor
~ the amendment. the same shall
thereupon become part of the con-
sti,ution and the Governor shall
forthwith make known the fact by
his proclamation.
This resolve was duly submitted TO
the people and voted upon on the
second Monday in September IN the
wear 1917. Return vas made to the
secretary of State in the same man
rer as returns are made in election
of Governor and members of the Leg
isla,ure, ana the Governor and Coun-
ell counted all returns and il dp-
reared that the inhabitants Of the
cities. towns and plantations of this
state had voted upon the amendment
submitted TO them as follows:
Yes. 29.5si: No, 25.4l6. and that
therefore q majority of the inhab-
itants had voted in favor of the
amendment ON the 18th day OF
September, 1917. the Governor issued
his proclamation.
The question has been raised IN the
corner store law courts as we'll rs
among those learned in the profes-
sion OF law as 10 when and how
constitutional amendment takes eff
feet and becomes an integral part OF
the constitution OF this state. BY
Article XXXNI OF the Constitution
of Maine amending Section OF Arh-
Gle y Of the Constitution as amended
by the Resolves Of the 18th Legisla =
ture passed March I. 1879, and
adopted September :. 1879, as amend
cd by the Resolves OF the 13rd Legs
Iature passed March IS 1907, and
adopted September / /. 1908. sets forth
the final and now existing constitu-
tionaI provision as To the method and
manner Of effectng an amendment of
the constitution of this State.
The legislature whenever two-thrds
. Of both houses shall deem 1t necessary
may propose amendments to TINS conSti-
tuition; and. when any amendments
shall he 50 agreed upon. resolution
shall he passed and sent to the select
men of the several towns. ana the asses
~ors 81 the several plantations. empow-
pring and directing them to notify the
inhabitants OF their respective towns
and plantations in the manner pre-
scrihed by law at the next biennial meet
ings ~ the Nlonth of september or 10
. , meet IN the manner prescribed by law
Gar calling and holding biennial meet
iugs Of said inhabitants for the election
~ senators and representatives. ON the
second Monday In September following
the passage OF said resolve, to give ir
n
such amendments shall he made: and il
II shall appear that a majority of th'
inhabitants voting on the question are
in favor Of such amendment. ii shall
become a part OF this constitution.
This provision az to amendment OF
" The Constitution states that If II shal
appear that majority OF the inhab-
itants voting on the question are IL
favor OF such amendment 1T shall
become part of this constitution.
% No time for it's becoming "A part o
this Constitution is fixed Nowhere
" in the Constitution itself do | fin'
any time fixed for the taking effec
OF an amendment However IN Sec
ton =. OF Chapter of our Revised
statutes 1t is provided:
Unless otherwise provided in the re
solve submitting IL every ConstitutloIid
amendment shall take effect and be
come part OF the constitution, on tn
first Wednesday OF January following
lts adoption by the people.
Section Of Chapter | of our Re
,ised Statutes. also provides for q
proclamation and publication of the
adoption Of "A constitutional amend
mcnt as follows:
Within thirty days after 1t appear
that \ constitutional amendment ha
been adopted, the governor shall maxi
proclamation thereof and the secretar
~ state shall forthwith cause sue
proclamation to he published in TIL
state paper and It shall also be pre-
liked TO the next volume of acts and re
solves
The argument has been brought It
my attention that in some cases
constitutional amendments have no
taken effect until ratified by legs
lature assembled al a subsequent dat
to that OF the one passing the re
solve proposing the amendment.
believe the argument is without mer
a. II is true that certain amend
ments have not taken effect until rat
iAed by subsequent legislature. TO
example, the very constitutions
Amendment to which | have referred
namely. the present constitutions
method OF effecting an amendment {:
the constitution. This amendmen
was proposed To the people by tn
Resolves Of the 10Th Legislature. ap
prnyad Anil 1919 and was de