30 



directed the Convention of 1875 to submit "The Constitution, as 



29 

 amended," to the people for ratification or rejection, "^ the con- 

 vention in fact determined 



"That the amendments to the Constitution of this State, 

 adopted by this Convention at any time during its ses- 

 sion, shall be submitted to the people for ratification 



c . 30 

 or rejection, as a whole, at the general election. . ." of 1876. 



It therefore appears that the Convention of 1875 clearly acted con- 

 trary to the instruction contained in the convention act in sub- 

 mitting amendments rather than a revised Constitution, However, 

 as the people had not had an opportunity to vote on the question 

 of convention or no convention and so had not bo\;uid the convention 

 to the terms of the convention act, and as they did ratify the 

 amendments submitted to them by the convention, no question could 

 be successfully raised as to the validity of the amendments pro- 

 posed by the Convention of 1875. 

 Proposed Convention of 1919 , 



Since 1875, the General Assembly has only twice put to the 

 voters the question of convention or no convention. In 1917, a 

 convention act was adopted calling for a vote on the issue at the 



general elections of November 1918, the convention (if approved) 



31 

 to be held in 1919. The act authorized tho convention, if called, 



"to consider, debate, propose, and adopt any amendment to the exist- 

 ing Constitution, except such as would be in conflict with the Con- 

 stitution of the United States," There was no requirement in the 

 act that the amendments proposed by this convention be submitted 

 to the people for ratification or rejection, A unique feature of 



^^ Public Laws 187U-75 , C, 222, Sec. 5. 



3 QAmendments to the Constitution of North Carolina, Proposed by 

 the Constitutional Convention of 1875 , . ,~ , 67- 70" ( Rale igh : Josiah 

 Turner, 1875). 



^Public Laws 1917. C. 60. 



