The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-04-17
NEW YORK, FRIDAY MORNING, APRIL II, 1916
The State ACKNOWLEDGEMENTS Opinion.
STATE or NEw YoRK,
In Assembv April 10 l0Aa. (

The State ACKNOWLEDGEMENTS Opinion.
srArs OF NEw Yoax.
Resolved That the bill relating the
Of delegatss TO the convention be referred to the Jus
from the Speaker Of this House. requ ,sng them 10 com
muDicats forthwith to this House. whether, in their
opinion the delegates to be chosen to the
under the law OF the last session. he according the
apportonmsnt Of the present members of the Legisla,
turs and whether this Legislature have any power to
80 " A Q. cHATFiELD. speaker sas S S,s' ee~.
The Justice. Of the supreme Court have received the
and have considered the questions which their opin
ion 10 asked by the Assembly.
The rst question touches the construction Of the
whether the number Of delegates to b chosen under
the In the several counties 10 to be regulated by the
superintendent Of members of Assembly which was made
In 1885, or by the superintendent which has been made
at the present session Of the Legislature.
By the constitution the superintendent of members OF
Assembly which was made in the spring OF 1896, took
effect for the purpose electng the MEMBER In the
fall Of that year but did not take effect. for any
other purpose until the first day Of January 1887 and
was to remain unaltered for In other words
the representation of each county In the Assembly,
from the Of! he political and c.lsndsrysor
year lSa7. was to remain the same.
BY the convention act the people were to decide upon
OF ls5. they decided FOR enion, the delegates
were to be chosen in April lslo they were to assem-
sttution on which the might sgree were to
be submitted to the people for adoption rejection at
the f election Of the same year Everything 10 rela
ciuded while the apportionment OF members Of Assem-
Fly made in 1885. remsnsd in force. and governed tho
representation from the several counties.
The seventh section Of the convention act provides.
that the number Of delegates be chosen to such
Assembly from the respective cities and in the
State" We are Of opinion that this the number
OF members from the respective counties under the
parliament which was in force when the act of l845
was passed, and which will be in force until after the
delegates have been chosen and their sbors have
bers Of Assembly has already been made cannot take
effect for any purpose until the fall Of the present year
II an election for membsrs Of Assembly in county
should 30 held At the same tine that the delegates
tine convention TO be chosen the superintendent Of
1885, and not that OF the present session. would
The Legislature would have power 10 make differ
emit rule
Itweuld have bssn highly proper ass Just and squi
counties. and the Legislature Of lsS6 might have
provided that the new census and superintendent which
then In prospect should regulate the representa-
ton the convention. But We think that has not bsen
done
ments Of s4S, No all, that the select committee, to
which the convention bill was referred, gave brief ex.
position Of it, proy.icn. in which they said that each
in the Assembly" And so far a. this question 10
cerpsd the bill was passed the same word: In which
il was reported to the House BY the committee. II ID
dcult therefore, to suppose that the Legislature
passing the BILL intended any other rule Of representa-
tee A. their attention was plainly called q The
il can hardly be doubted that they would have
the language Of the seventh section 1.-THE bull va, pa.s
about to be taken or to the apporonmsnt which might
DO made under that census.
must DO given to the act wnen looking at nothing but
the statute book.
any power to alter or msnd that law" AZ general
ruie the Legislature can alter annu any Law which
has power pass: ApIopsr solution Of the question
proposed BY the Assembly, involves erefore, an in
quiry concerning the source from which the Of
derive. its obligation.
instruments Of that absolute sovereignty which resides
in the whole body Of the people. Like other depart
msnts Of the government acts under delegation Of
powers; and cannot rightiully 80 beyond the limits
which have been assigned TO II. This delegation Of
powers has been made BY fundamental law. which
one department OF the ell
united, have authority to change. That can only be
cone BY the people themselves. power has been
constitution which. whom approved and ratsed by the
people, become part OF the fundamental Law. But nc
power has been delegated to u: Lsssstare to call
sure which must come from, and be the act Of the
people tbsmseivss Neither the calling Of q con
under the constitution. It IL above and beyond
the contribution. instead Of acting under the forms
nS q 70
those forms end boundaries the public interests may
seem to require convention 10 not . government
measure. hut movement Of the people, hsvng Tor it,
object change either IN whole or In part Of the exist
ing form Of government.
power on the Legislature to call convention, but have
also prescribed another mode Of amending the organic
law We are unable to see that the act Of ls4s had
obligatory force at the time Of Its enactment II could
not Is law Il amounted to nothing more than pro.
they would would not have convention That ques-
ton the people have settled In the Affirmative, and the
the power Of the Legislature to pass IT,
The people have not only decided in favor Of Q
vsnon. but they have determined that 1t shall be held
IN xur4k 49, -
other proposition before them and Of course their
votes could have had reference to nothing else They
gates and how they shall be spporioned among the
veral counties.
II the Of the last session il not law of the Legs
conclusion ID obvious that the Legislature annul
IT, nor mako any substantial change In its provisions
repeal the Law altogether and thus defeat mss
sure which has been wilsd By higher power. !.
the o Gh '1S s. law when not made -
work OF the utmost delcscy. Under any other form
Of government than own II could amount nothing
fore b. taken that nothing be done which can give rise
to doubts dculties in the choice Of delegates the
controversy about the number Of delegates to which
any county entitled, may lead TO irregular and dsor
DERBY proceedings at the election, and imperfect
preston Of the will Of the electors in the choice Of dss
gates may embsrrass the inspectors Of elections end
the csnvasrs Of votes Il may also tend to disorder In
tied who are and who members Of the body. In
the strife Of parties there should be parties In the
convention and they should DO nearly balanced, the
body may either be broken p, the moral force Of It's
acts be greatly Impaired A. question Of expediency,
therefore, a. we'll Of power, think II the safest
course to leave the law n II now IL.
however. the Ass emily should think otherwise II
then proper that We should take some petice Of the
BILL which has been referred for consideration
The hrst section Of the bill IL In the following words
n The true intent and meaning of much Of the
seventh section Of entitled An oct pding
convention Of the people Of this STATE passed May TO-
1884, ~ relates TO the number Of delegates to be chosen
to the said convention in and BY the respective cities
and counties Of this State, H. that the number Of dele
gates TO be chosen to the said convention In and BY the
said cities and counties respectively shall be the same
the number Of members Of the Assembly which the
said cities and counties will respectively be entitled to
elect according the census Of the inhabitants Of this
State, taken in the year l645.n
We have already expressed the opinion that such 10
not the true intent and meaning Of the law pro