New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-06

The Supreme Court of Pennsylvania In the
case known as Wells ct al. rs. The Election
Commissioners, rendered decision yesterday
in favor of the plaintiffs, restraining the Elec-
ton Commissioners appointed by the Consti-
tntona Convention from acting. The ques-
ton raised was whether the Convention had
the authority under the act originating it, or by
virtue of powers delegated by the people in their
sovereign capacity - making the Convention
itself in certain sense sovereign-to appoint
election officers to receive the votes upon the
question of the adoption of the proposed new
Constitutions The principle involved had
never been definitely settled, and the prece-
dents cited were not by any means con-
elusive. There was question whether the
act of the Legislature providing for
holding the Convention and limiting its
powers and duties did, as matter of
fact and of law, restrict that body in
the respect of the manner of holding
the elections in such way as to prohibit the
appointment of election officers by the Con-
vention. But there was broader question,
whether the Legislature had the power to
bind the representatives of the people in
their sovereign capacity, or whether the Con-
vention was bound to act only within the
limits and under the restrictions imposed.
The Convention itself took the ground that
it was not 80 bound, and from the COM
mencement of its deliberations acted in accord
ance with this view, holding that the people
had impaired to it authority to exercise a
sovereign power in forming new Constitu-
ton, and that the Legislature had no right or
authority to come between the people and the
Convention. The latter aspect of the Ques-
ton was of "A general character. and some
thing more than a merely local interest has
been felt in the decision.
For the past three or four years we have
been passing through a period of constitution
changing and constitution making. In some
of the States organic changes have been al
ready made and are in process of experiment,
and in a number of others constitutional res
olutions are proposed and the discussion of
them is in progress. For this reason the
questions decided in Pennsylvania were of
unusual interest. In Connecticut, for in
stance, there has been of late very
lively discussion of the defects of
the present and the need of new
Constitution, and movement for COnven-
ton has made considerable progress. The
main object is to secure change IN the sys-
TEN of representation, under which it is
claimed that inequalities and injustice now
exist. The change would be strenuously op-
posed by the small towns the present in
equalities-if they be such-being in their
favor. 1t has been suggested that an act
calling Convention might be passed
if it contained a provision forbidding
interference with the present system.
But so long as it was an open question
whether the Convention could be so restricted,
and there was liability that, notwithstand-
ing the legislative prohibition, the Convention
might interfere with the representation, the
small towns would not consent to the meas
ure. In this case, though the ground upon
which the injunction Is granted and the act
of the Convention annulled is simply that
it assumed to legislate to repeal and dis
"place existing institutions before they are
displaced by the adoption of its PROPOSE
TONS" yet the language of the opinion con-
veys distinctly the mole sweeping conclusion
that the Convention cannot act beyond the
scope of IT'S delegated powers, which are de-
fined by the statute originating it.
There was a special feature in this case
which it is to be hoped the voters of the State
will not fail to consider in connection with
the merits of the instrument about to be SUBJ
mitted for adoption. One of the glazing evils,
perhaps the greatest at which the new Con-
stitution aims what is intended TO be an eff
fective and fatal blow, is the rule Of corrupt
ring of politicians in the City of Philadelphia
and in tho State. These men have 80 thor
oughly intrenched themselves and fortified
their position ~ legislation that they have