The New York herald., 1874-11-21
Constitutional Question Regard
ing Article 3.
A POINT FOR THE COURTS, PERHAPS.
Views of Statesmen and
Lawyers.
WAS IT BY DESIGN OR ACCIDENT7

late election, Is now beyond question Indeed the
majority they received, reckoned anywhere be.
tween 900 and 200 O0O was lar anead OF general
expectation. The attempt OF Tammany Hall 20
discriminate between them and submit only such
Of the amendments as suited the democratic
taste proved an ignominlous failure. They are
passed IN all good faith by the people, but the law
yers are beginning TO hint that naw exists some
where; that the amendments, while sanctioned
by the ror populi, are irregular oy reason OF the
manner in which they were handled by the last
Legislature. IL Is true that the amendments re-
Spectlvely to articles and 6, which passed
sne Legislature OF 1878, were rejected
by that OF 1874 This, however, does not invali-
nate the remainder OF the amendments, as each
stands independenJ OF the other. The question
the lawyers raise Is whether an amendment
passed In Its entirety by the nrst Legislature and
amended or tinkered by the second Is valid even
After being adopted by the people.
WHAT THE CONSTITUTION SAYS
BY article l3 or the constitution IT ls declared
that ''any amendment amendments TO this
constitution may be proposed in the Senate and
Assembly, and II the same shall be agreed to by
majority OF the members elected to each of the
TWO houses such proposed amendment or amend
mems shall be entered on their journals, with the
veas and nays taken thereon, and referred to the
Legislature TO be chosen at the next general elec
hon OF Senators ana shalt be published Tor three
months previous to the time OF making such choice,
and II in the Legislature so next chosen as
aforesaid such proposed amendment or amend
ments SHAH be agreed to by majority of all the
members elected to each House, then 1t shall be
the duty OF the Legislature to submit such pro-
posed amendment or amendments to the people
IN such manner and at such time as the Leeisa-
ture shall prescbe. and II the people shall approve
and ratify such amendment or amendments by q
majority OF the electors qualified to vote for men,
bers OF the Legislature voting thereon, such
amendment or amendments shall become part
bf the constitution
WHAT Is INFERRED.
Here 1t will be observed 1t Is distinctly laid down
that In case OF the adoption by the second Legtsa-
ture OF the amendment or amendments passed by
The nrst 1t shall be the duty OF that body submit
such amendment or amendments to the people.
Nothing is said to sanction the submission Of a
mutilated amendment to the popular approval.
and 1t was clearly never contemplated that the
amendments passed on by the first should suffer
individually by addition or omission OF part or
parts at the hands OF Legislature number two.
ONE WHO KNOWS.
Mr. A Oakley Hail. In conversation with q re.
porter OF the HERALD, stated tnat he was oflcialy
engaged to look into this very question. He feels
satisfied that in case OF any single amendment not
being adopted in its entirety by two successive
Legislatures 1t cannot stand. Take the instance
OF the amendment to article g. Here there was orig
tnally section (No. A. providing for Q census IN
1876 and every tenth year thereafter. This passed
the Legislature OF 1S73 and was rejected by that Of
1874 on the grounds, as IL would appear, that It
was no amendment at all, Dut an unnecessary re
enactment OF the original provision in the const-
tuition. But the original section in the constitu-
tion had further provision for a periodical
Encouragement OF Senate districts on the
basis OF the census taken. The wisdom
OF the Constitutional Convention set It's face
against the gerrymandering propensities OF par
ties and declared for the principle OF permanency
in the Senatorial distrlctIng OF the State. Mr..
Hall sees in the unsanctioned omission OF secuon
by the last Legislature a prospect Of grave
complications.
THE OMITTED SECTION
stood at the head Of the most important series Of
amendments in the whole batch. For example,
they swept away the very fountain OF corruption
1T Albany-namely special legislation increased
the pay OF members so as to give them no excuse
to steal, and resolved back to first principles the
theory OF local or democratic government. To
bring the question before the courts to the reg
ularlty OF the amendment will be simple mat
ter. and II 1t be decided that the constitutional
requirements were violated the work will have to
be done over again.
WHAT COUNTRY MEMBER THINKS
Mr.. Lincoln, OF Ontario county, VINO was in
town yesterday, said there was nothing to fear
about the amendment to article 8. "It was
passed. said he. "by the people. and that was
enough. 1t was they made the constitution,
and they can unmake it when they like. This
talk about the irregularity Of one Of the amend
ments WILL do ior the lawyers, but no court In the
land would decide in equity that there was any
IA ha0n
The people made the constitution, ana they have
right to repair IT Ia their own way, In spite or
QulbpleS or Irregularities"
A DISTINGUISHED LAWYER
IN Plne street SAID yesterday to the HERALD re-
question. am not aware that these amendments M
have been passed; but II they have, and that none
IS part OF the constitutional
REPoRTER--Suppose that one OF these amend.
ments had section sanctioned by No. aud re.
ected oy No. Legislature
DISTINGUISHED LAwyER--That amendment would
then have to be submitted TO another Leglslature
md passed precisely by the one as It was passed
by the other.
REPoRrER--when one or more amendments are
entirely rejected by one Legislature after being
chance OF passing their opinion on tnems
DISTINGUISHED LAwYER-Not consusutionally.
presume that wnen the pe0pie's representatives
reject an amendment to the constitution the
people themselves would 40 the same.
ANOTHER RURAL LIGHT
speaking TO Ar. Vedder oI Cattaraugus, member
Assembly last year, the reporter learned that
In the country there Is pretty general notion
that the amendment to article 3 is in danger
ana Will fall through when brought TO the judicial
test. Said Mr.. Vedder "The regularity OF its pas
sage is IN question and can be made an issue at
any time alter the LIST OF January ana In hun
dred ways. II o member, under this amendment.
should demand his pay at the rate OF $1,000 and
the Comptroller chose 10 refuse 1t, on the ground
or the ilegality OF the amendment, case would
be made AT once. or II the Legislature gave .
charter Tor something other In con ravention
o the terms OF the amendment another opening
would Offer itsell to test It's constItutlonalty.u
THE INTEREST IN THE QUESTION.
At this time, when the constitutional amend
ments, never hitherto much regarded and but I'm.
perfectly understood. are absorbing so much at
state It may be well to glance at the debate this
most important amendment 10 article oc-
casioned IN the two houses VI the Legislature last
WINTER 1t Will be noticed that there was con-
Mueraoe apprehension tnat If sections was lett
pul tne otner sections would be put In jeopardy
tne democrats, as q rule, spoke IN avor OF tne re.
lectlon OF the section, and, tnough many repuoll.