New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-23
THE TWO CONSTITUTIONS.
THE OLD AND THE SEw-oMIssIONs, CHANGES,
AND INNOVATIONS or THB NEW.

election showing what clauses OF the Constitution Of
been omitted, what changes OF subject matter
have been made. and what new subjects have been
| grated In the proposed Instrument
OMISSIONS
Provisions Of the existing Constitution relating 10 the
following subjects omitted from the proposed Const
tution Concerning Equity Commissioners wbo under The
Code are obsolete Canal Commissioners. and Officers %
Canal Boards. and Canal Appraisers; State Prison In
spectors the State Engineers the supreme Court Judges
forming part OF the Court OF Appeals from year
year; and the Tribunal of Cancellation.
CHANGES.
The following changes have been made the proposed
Constitution In the subject matters treated OF In the
listing Constitutions
The terms of agricultural been extended TO
lieu OF the former Limitation IA years. The quail
hestions of voters changed by adding 10 the pro
visions of the present Constitution that must be-
10 days resident Of the election district In which he
offers his vote. The prohibition in the present Cons,u
ton that lottery. etc.. shall be allowed within the
State changed the introduction Of the sale Of lottery
tickets provision s added also, by which soldiers
and sailors, In time OF war, may vote by
proxy. The ascertaining by proper proofs who
"shall be" entitled to the right OF suffrage ~
a prominent provision OF the present Constitution.
The words "shaLl be" changed, in the proposed
amendment "are eecting the prospective exclusion
OF those who become OF between the days OF registry
and OF election. As the Constitution exists the Reg
listers may the registry list discount so 10 speak the
emergency Of minor to becoming Of on election day
direct authorization for the general Registry law put
into the Constitution requiring the registry 20 DO
completed days previous to election. And tho
modes OF registration are to be uniform" IN
cities, an apparent exception In favor OF
rural districts. The right Is provided In
the new instrument for electors 10 select any for
Assemblynan Senator irrespective OF his place Of
residence NewYorkers may thus vote for citizen OF
Buffalo for those offices, they see IT. We believe the
present Constitution nowhere forbids such choice Of As
sembyman or Senator The terms OF Senators would be
four instead Of years. but provision made for an
allotment OF odd and districts that there would
be an election OF half the Senate every two az
done in many Of the States with apparent advantage.
The Assembymen would be ios instead Of i2 gain IL
They would be chosen general ticket In each county,
so that an electOr would vote for q members
There is no limitation OF sessions within the year The
present Constitution limits the pay OF members to "
day for 100 days compelling them IL they remain longer
10 work for nothing The salary is raised TO 1890 yer
annum Irrespective Of the length Of the session. The
Speaker would receive $780, The Legislature may pro-
vide for reduction from the salaries Of Members Tor
nonattendance The provision in the present Contiu
ton against the appointment OF Member OF the Legs
AZURE az United states Senator cut The new Con.
stuton provides the Secretary OF State SHAH call the
Assembly order, and preside over until Speakers
elected 1t requires the affirmative vote OF majority oil
all the members elected 10 the Assembly TO expe Tel
low member and that member shall be twice expelled
for the same onense.
The present Constitution provides that every private
and local bill must be limited TO one subject to be e1'
pressed in its title The provision applied In the
Amendment to erery BILL public private, local or gen
era and renacts that subject shall be expressed IN
the title.
To prevent sudden and midnight adiournments, anew
proysion is inserted that the Legislature, on the maj
day shall adjourn at IL O'Clock at noon To preVent log
rolling the new instrument specifies that E" the Legsa-
ture shall not audit allow any private CLAIM or accouh'
against the State nor pass any special law IN relation
thereto but may appropriate money TO pay sueh claims
as shall have been audited and allowed according TO law"
The new Constitution Is specific about persons appohe"
TO nil a vacancy during deerminate term ana Arrows
the person appointed to hold until his successor eject
ed nd qualified Concerning the passage of local and
private bills notice OF intention TO Apply tueelui
have IN he given as heretofore but the omission ~ohd
he snhect 10 inst inquiry and 20 waiver Instead ~.
as now, a vote OF twothirds OF the members pestnt
which is said to oversight IN the Constitution ~
; tT the Rew Of fne th sO'I members '' ed
respective of their presence shan DC nSe e,
Within ten days after the adjournment OF the Legislature
It il provided that the new Court " Appeals sua e"H
o. occ oT fSreen Wears At The st election only
Ave of them can he upon ballot Five members viii
S be- e G as fT %or 81 tie governor aud Sa or
by the former when the Senate Is not IN session rue
In Office as Commissioners .,1. TO nS sg ,ss
calendars on the ist Of January last with the addition q
t Commissioner to be appointed by the Governor and
Senate Tile present supreme Court Is continued lie
Tcgisiatre NAV however alter the districts without IN
creasing the number OF judges Instead, however OF
general term in each distinct composed Of three judges,
ere are 10 he four general terms m the al large,
to be organized 5y VIC , ,s i ,ndces
Judges OF Appeals and OF the Supreme Court are pro
hibited from reviewing their own decisions lSeahSes
months before general election 20 be hlied At that cleo
tonto prevent scramble as IN the 9a,e Oh 1hs Ia
body Davies and Cowies case, so wen hnoNh 10 the
profession ii the vacancy fails Wthn te three months
the Governor and senate M m ,b So sgeT,or CONT
and the Courts OF Common Pleas Of TINS city, that the
in ofce are continued and three additional Com
mon Pleas Judges are provided Tor Two JuuEes arc
in NewYoIk may also act as Judges Of the supreme
Court II the Legislature shall so direet-an act l9ohug
the supreme Court are TO have a term, OF -
years, or until they are ~ year, 49, Ii "se.
OF We members Is be appointed by the Governor au
senate for years, with such 'nat US
member shall out every two years Ibey e Ho' oy
to have charge OF the state prisons but county ss p
itentiarles aud other penal institntosS S'S ~ H.
lature may submit 10 tnelr llilsueloh, Che't tn'
provision the Legislature nigh; give this Board Shass
~ Pefia Go nm mis- city, The Board would appoint all
officers i'm the institutions under then At SALARIES 10 pe
@ ~ oIaIacations the word "inhabanr 10
Changed To- resident" which makes u more uniform:
Of misars IS altered 50 a: to read item mile
NEW SUBJECTS OF TIE PROPOSED coNsL , ~ TO rn
The following principal matters, not found IN inc Con-
stntion Of 1Sl6, are Incorporated into the proposed
Amendments A PROVISION tnat IN suits IN Justccs oVu
fine Legislature may distinctly provide that there may 10
trials by lures OF less number than twelve NEIL ino
omIsson 10 make clause in the Constitution OF 20,
has frequently, especially in the CITY OF New-lorh
opened TO discussion interesting questions concerning tue
rlght IN a marty 10 a suit to have Jury OF six men
aestions which arose FROM certain phrases in the United
states Constitution making the right OF alloy JURY NV
olate The laws OF aud OF other States make IL
certain that in justices trials IN suits under certain
sum- say 40 a party may elect 20 have II men, OF pay
the difference OF COSTS matter OF some consideration,
considering the multiplicity OF petty civil suits In leu
OF State Engineer and Surveyor the proposed ConsGtu
ton provides for superintendent OF the Public "9