New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-09
THE PENNSYL VANTd DECISION.

The decision of the Supreme Court OF Penn
sylvania adversely to the constitutionality of
the action of the Convention in suporseding
the regular election officers in Philadelphia
seems to have taken the friends of Reform
somewhat by surprise. The effect, however,
as was minated would be the case in THE
TRIBUNE's comments on the decision, has
been to awaken new interest all over the
State, and to call into action all the enthusi-
asm and energy of the supporters of the Con-
vention. Outside of Philadelphia they are
thoroughly aroused, and the attempt of the
Ring to defeat the Constitution by pettifogging
opposition and pleas in abatement will react
upon them at the polls. The Ring organs seem
to be aware of the storm they have raised,
and to have lost all hope of defeating Reform
at the polls, even with the favorable decision
of the courts, which gives the conduct of the
election in Philadelphia into their hands and
affords them every opportunity for fraud.
They are consequently somewhat moderate in
their exultatiOn over the injunction. Their
only hope now is based upon the language of
the Court in rendering its decision, in the
course of which, it will be remembered, it was
held somewhat broadly that the Legislature
had authority to restrict the powers of the
Convention, and that the latter body could
not exceed the limits fixed for it in the
originating act
The Convention did in one or two points
deliberately disregard the legislative prohbi-
tons, aside from this question of appointing
election officers, and the Ring now propose to
take steps to bring before the same Court that
has once decided in their favor the whole
question CT the legality of the submission
This indeed, from present appearances, ia
their only remaining resource. The testimony
from all parts Of the State is that the vote in
favor of adoption will be overwhelming. The
Ring cannot afford to abide that test. The
pretense they make in favor of submitting the
question to the Supreme Court is that it
ought to be known beforehand whether the
act is constitutional, in order to save endless
i'll consequences afterward. This Ii alto
cether shallow and absurd as it will hardly
be pretended that plea of uncOnstltutionality
would be listened to against the organic act
itself, after it had passed the successive stages
of enactment and adoption by the people,
and had been formally proclaimed by the
Governor as the organic law. Whatever may
be said of the merits of the decision of the
Court upon the question submitted and at Is
well known that hundreds of tho best lawyers
in the State scout it as bad law-it ID certain
that if the question had not been raised, and
the election had taken place under the con-
duet of the officers appointed by the COnven-
ton. it would not have impaired che force of
the instrument i'll any sense no plea against
its constitutionality, after its passage. could
have been entertained. The people, in their
sovereign capacity, heal all technical defects
when they take it from the hands of the Con-
vention and write on it their approval and
acceptance.
In view of the decision of the Court and
the granting of tho Injunction restraining tho
election officers appointed by the Convention
from managing the election IN Philadelphia
the Executive Committee Of tho Convention
met w Harrisburg on Saturday evening 70