Year: 1870

An OuBuEbuuhkC OtcIBAbHbs


The tact has Just been brought to our
attention that an important duty was
overlooked by the last Legislature in
reference to tho proposed Amendment to
the Constitution. Section 2 Of Article l2
Of the Constitution, provides that an
amendment, having been proposedby one
Legislature, shall be referred to the
Legislature at the first session after the
next general election; and shall br pub
lisheIl at least three months before such
election In some newspapcrin every couh.
" in which a newspaper Is printed"
The Legislature Gailed to make any prOvi.
sion for this publication. The necessity
for itseems % have been wholly overlook
cd by oil parties When tile Amendment
was proposed IN 1896, a separate reso-
luton was passed directing the Public
Printer to contract for the requisite
publication. Had this been included
in the resolution proposing that Amend:
mcnt, then the matter would doubtless
have been provided for now; for those
who drew the resolution for the present
amendment referred to tho resolution Of
1865 for the formula hut the publication
having then been provided for, as we have
Suid, by separate resolution, in another
place, there was nothing to suggest it last
winter, and the necessity for IL does not
seem to have occurred u any one. We
were ourselves aware all the time TINT
such publication was necessary, but
were possessed with tho idea it was to hC
after the second Legislature had acted.


We suppose the Governor would have
been authorized, under the provision Of
the Constitution quoted, to order the pub
lcation: but he too seems to have over
looked It, till 1t is now less than three
months from the election. 4 literal
compliance with the requirement is there
fore no longer possible, unless on II mere
tcchnicality it should be asccrtained, rs
we have no doubt it is true. that every
paper in the State has Published the
Amendment since its adoption by the
Legislature and Eat least three months"
before the election.


While the omission Of this duty in
reference TO the Amendment Is very great
~ to be regretted, we do not see that 1t is
necessarily fatal to themeasurc. We be-
Iicve the provision quoted is one of those
directory laws where the letter is not per-
mittcd to be greater than the spirit. Its
object is, of course, that the people shall
bc amply advised Of the character Of the
measure to be acted on by the Legislature
to be elected, and a particular course Of
procedure is ordered to insure that end.
The fact is, rs every ono knows, that fur
better means Of informing the public has
been m operation many months, viz the
editorial publication and discussion Of the
measure by all the papers throughout the
State. 1t has already been far bet.
ter published than by the three months
advertising required by the Constitution.
Under these circumstances, with the near
est to q compliance with the c0nstitu-
tional requirement that is now pracLtca-
bic, there is no reason why the validity Of
tho amendment when ratified should lc
in anywisc affected by the failure to begin
the advertisement Of It at the exact time
prescribed. Nor do wc believe any court
would ever invaIidate it on any such
ground. We trust the Governor will
order publication to begin Mt once. With
two months and halt advertising, our
people will be abundantly prepared to
elect Legislature on this issue. We
Venture that even now there is not man
in the State that will read the advertise
ment who does not know now all about
the amendment But the law should bo
complied with rs far as possible.