Year: 1878

| lneE6 Is DUb lltGle reason 10 uOuDt tllat all


the amendments including that proposing the


removal OF the State capital to Baton Rouge,
| have been voted down by a majority of the


voters who have voted at all upon them But


should this prove not to be the case In single


instance, 1t would yet remain very serious


question whether any amendment, which the


actual count showed had more votes cast for


than against 1t, should be promulgated as q


part of the constitution Of the State.


| The returns show that fully 70 per cent of


the voters ut the recent election did not vote
| either for or against these measures. It Is
very certain that O. mere ma jorjty Of the re-


manning 30 per cent, not Of the registered,


but of the actual voters, who had the oppor-
tunity or saw fit to vote, are not qualified to
give an utterance which can In reason or


equity, be construed as al expression of the


will of the people,


Whether, in law, such q construction can be


given 1t, Is serious question. The constitution


provides that all amendments shall be sub
mitted to the people, #" "and if O. ma
,jority Of the voters at said election shall ap-


prove and ratify such amendment or amend


ments, the same shall become q part of this


constitution" It Is already apparent that q


large majority Of the voters at the recent
election have not only failed to "approve and
ratify"a a single one Of these amendments.
but have actually refused to vote upon them
at oil Certainly such a meagre vote as this
cannot be promulgated as the voice of the
people Of this State upon SO grave question
as the change of what, at least, stands by
tolerance as the fundamental law Of the State,
involving. as these proposed amendments do.
two coordinate estates of the government and
the imposing Of most important restrictions
upon the powers OF the third


Upon one Of these amendments. at least,
that amending the process by which the Ioca-
ton of the State capital shall be changed, it
will be impossible for the returning officer
TO make a legal compilation of the vote We
have all along contended that this was. in the
strict sense, an amendment and that vote
bearing the Endorsement ttAgainst the first
proposed amcndment' should be counted in
favor Of New Orleans, where the capital is
now located by the so-caled constitution of
1878, Notwithstanding the fact that the Gov
ernor, clearly with the intention of carrying
out what he conceived to be the will of the
Legislature, announced in his proclamation
that all votes cast upon this subject should
be indorsed For State capital, Baton Rouge
Or, "For State capital, New Orleans" It was
evidently the impression Of the Governor, as
it certainly was of the Legislature ITSELF and
of all the people, that the question, as be-
tween New Orleans and Baton Rouge, as to
the sitns Of the State capital, was submitted
to the people in this amendment. Such ap-
pears, however, not to have been the case, as
was pointed out in q communication from an
able young lawyer Of this city, to the DEMO
CRAT, several days ago; but which, by accident,
We failed to publish, and which we see the
Pcnyune has since very clearly stated.


The judicial rule Of construction is too clear
for doubt. The letter of the law, where it is
plain, cannot be disregarded In q wid-gOose
chase after its spirit. It is a matter of noto-
riety that the intention of the Legislature
was to submit the question Of Baton Rouge,
or New Orleans, for State capital to the vote
of the people at the recent election and it was
the knowledge of this fact which prevented
our examining carefully the verbiage of the
act submitting the question, and which caused
us to assume that the selection between Baton
Rouge and New Orleans was fairly before the
people.


A careful examination Of the act however,
satisfies us that no such proposition was, or
could have been before the people. The So
called constitution Of 1868 prescribes the man
ner Of changing the situs Of the State capital
md reposes that power In the Legislature, in
article 131 of that instrument, which reads as
follows:


The seat of government shall be established
IN the city Of New Orleans, and shall not be
removed without the consent Of two thirds of
the members Of both houses Of the General
assembly. |


Act Nos73 Of 1878 reads as follows:
No. 73-Proposed amendment to the const- |


TUITION relative to the removal Of the State


capital


Resolved by the Senate, the House of Rep |
fesentatlVeS conculring, and two-thirds of |
-he members OF both houses asserting hereto |
IS recorded by yeas and nays that the fol- |
loving be submitted to the voters Of this |
State at the next ensuing election, as an |
amendment to the constitution Of the State |
20 wit:


That the seat OF government shall be estab-
ished at the city of Baton Rouge or at the |
slty OF NeW Orleans, as the majority Of the |