The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1923-09-27

bhS NiD1 IL LIZ L LII LIZ, Oil
and in%telligently expressed after full
Information, due consideration, and
an untrammelled opportunity of ex-
preston. 1.-THE two important vital
elements in any constitutional amend
ment are the assent of t%wo-thirds of
the legislature and a majority of the
popular vote. Beyond these, other
provisions are mere machinery and
FORMS" The details of operating the
machinery r left to the legislature
and the secretary of the state. Sup
pose everything is entirely regular
down to two weeks before the cleo
ton at which the amendment is to
be voted on, and someone opposed to
the amendment brides the publisher
to issue his paper during the last
two weeks leaving the proposed
amendment out; and yet the people
of that particular county, being al
ready fully Informed, vote intelli-
gently approving the amendment
along with the rest of the state, can
that monkey-wrench thrown into the
machinery thwart the will of the leg
islature and the will of the people?
But just where are we to draw the
lines as to how much and how fully
the prescribed forms must be follow
ed? WoulE it not be a safe rule to
say that an amendment has been reg
ularly adopted when the legislature
has honestly and substantially en-
deavored to comply with all of the
forms required and the people, fully
informed as to what they wanted.
and unaware of any omissions, have
their approval at the polls?
It has been we'll said, ga constitu-
amendment is not in the ma
ture of a criminal proceeding, in
which the opponents stand as defend
ants in a criminal action. entitled to
avail themselves Of any technical
error or favorable mistake. but it
rather a civil proceeding" in
which technical errors and harmless
mistakes should be ignored.
Many courts whose decisions de-
nand confidence and respect have
this commendable trend of
opinion. In West v. State. so
ia. 154. it was conceded that the
.equirements of the constitution as
the entering of the proposed
amendment on the Journals of each
house, together with the yeas and
lays, had not been complied with.
t was held, however, that such nom
compliance did not invalidate the
amendment, on the theory that gin
Constitutional changes the popular
-oice is the paramount act; that,
where a proposed amendment to the
constitution received the affirmative
Iotes of three-ffths of the members
lected to each house, and such pro-
losed ameodment is published and
ubmitted to the vote of the people
IS required. and at the election is
.pproved and adopted by a majority :
f the votes of the people cast there
n, then it becomes a valid part of
he organic law Notwithstanding the
act that the legislature may have
allied to have such proposed amend
lent entered at length upon the
ournals of the two respective
ouses." This view of the matter is
lso we'll stated in Green v. Weller, '
2 Miss. $50. The law is similarly :
It forth in Woman v. Magyar, rs .
Id. 152. The same conclusion was !.
rived at in Oakland Paving Co. v. .
omkins, 70 Cal. 5; in Nesbit v. Peo- :
lie, 10. Colo. AL; and in People ex :
i. Elder v. Sours, 81 Colo. 500.
A leading, we'll reasoned case on
lis subject. after being carefully
msidered from every view point, is 2
lat of Constitutional Prohibitory q
mendment, "a Kan. 700. In this z
Sc the proposed amendment was z
De entered at length upon the jour 8
ais as required by the constitution. r
1T was simply described by its title,
ope and object. In this decision.
ritten by Justice Brewer, we find
is language and logic. "The two
lportant. vital elements in any con-
itutionaA amendment are the assent
two-thirds of the legislature and
majority of the popular vote. Be- r
md these, other provisions are mere
achinery and forms. They may
It be disregarded because, by them
rtainty as to the essentials is Sc
red: but they are not themselves
e essentials. Take a strong illus =
The constitution requires
at the secretary of state shall cause
2 same to be published in at least
e paper in each county of the state T,
lere a newspaper is published, for
rec months preceding etc. Sup
that a unanimous vote of both
uses of the legislature, and a unan- -
Gus vote of the people in favor of -
constitutional amendment, but the
had omitted to publish in
= county in which a newspaper was
blished. would it not be an insult
commo sense that thereby the
] of the legislature and people had
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