The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-24

and Brooklyn. If they were in favor of
retaining IL ne was-lf not, not. The ainehansne
mad regard only to the local and inferior courts:
he himself thought that localities should controi
In such matters, and the constitutional Somnis-
sion would not have made the amendment III ques-
ton had IL not been for
THE UNITED REQUEST OF THE PEOPLE OF NEW YORK
AND BROOKLYN.
If New York and Brooklyn did not desire the
change he would not vote for 1t.
a,owi1a fSe neonle q, the whole state to pass
upon TINS local question. II the proposition was
to refer the matter to the people OF the counties
Interested he would not oppose IL.
Mr. Coz said that the opinion OF the people OF
New York and Brooklyn was set forth in their vote
on the judicial article last fall
Mr. GROSS said that he spoke for the entire New
York delegation and had to say that New York was
UNANIMOUSLY opposed TO the amendment
Mr. PARMENTER considered the amendment
wrong in principle and would vote Tor the motion
The motion on striking out was then put ana
carried-yeas 81 nays las follows:- .r..
YEAs-AessrS Abbott, Booth, Bradley Coe, Cole, Con-
kellogg King LsdwS hord howsry Seo%an
Middleton Parmenier, Ray, Robertson Thompson. Wag,
N.rs~Mr. seikresHL
The question was then taken upon the amend
When the name OF Mr.. Lord was called he asked
to be excused from voting. The vote
covered the whole constitution as amended.
Some or the amendments were to his liking,
others were not Alter listening to the debate
on the last section under consideration he was
strengthened in his opposition. He was opposed TO
the appointment OF State officers by the Cover
nor and would vote no.
Mr.. WOOD inquired OF the Chair If each OF the
amendments did not have To be adopted sepa-
rately.
The CHAIR replied that, II the amendments were
ing, the same as BILL The vote on each resOlu-
ton would De taken separately.
The amendments were adopted by vote Of
yeas 20; nays 0, as 1Oilows:-
fEAsaAessrs Abbott Booth, Bradley Coe, Cole, Con-
molly Dow, Ganson Gross, Kellogg. King, Lowery, Me
Gowan Middleton, Robertson Thompson. Wagner, Well
NAYs-Messrs. Dayton Fox. Jacobs. johnson, Ledwith
Lord Parnenter, Ray, selkreg-9
The concurrent resolution proposing an amend
ment to article 2 OF the constitution also gave
occasion for considerable OF debate in the lower
House. The discussion which ensued upon it was
very interesting one. and brought to the surface
tile opinions and Sentiments az TO the amendments
generally, which have heretofore only been mat
tiers OF speculation and doubt. When the article
Mr.. BEEBE moved to recommit, with instruc-
tions TO strike out all alter the thirty
sixth line, including the final resolutions, and
unwise TO add anything beyond what was passed
UPON by the last Legislature. The added PROPOSE
tons DO not help the amendment and formed no
part Of 1t. He wanted these resolutions stricken
from all the amendments as supernuOus matter
Mr.. PRINCE Insisted that the preamble and reso-
lutiOns referred to were inserted in accordance
with uniform precedent Similar resolutions had
always been added by the second Legislature
in passing upon constitutional amendments, and
he deemed it safe at least to follow the established
precedent
The motion was lost ana the concurrent reso-
luton was then read a third time and passed, 81
to l-Mr. Abee Concurrent resolutions providing
amendments to article OF the constitution.
Mir. WEED moved to commit with instructions to
strike out section Of the arcice, providing for
enumeration OF the State, &c, every ten years. He
afflrmatveiy upon this section and it ought to be
stricken out.
Mr.. PRINCE admitted that mistake had been
made in inserting the section referred to, and he
also was OF the opinion that 1t would
NOT BE ENDORSED BY THE PEOPLE
He regarded 1t, however, as an Independent prop
OSItiOn which could be stricken out without
dangering the article.
Mr.. ALBERGEB thought we would be trying dan
gerous experiment by striking out this Section
and was not at all sure that the other amendments
would not be endangered thereby.
Mr.. ALvoRD SAID that the balance OF the amend
ment was one OF the most important of the whole
number, and 1t was eminently desirable that IL
He thought the course proposed by the gentleman
IRON Clinton the one which ought to be pursued,
and he mad good legal authority for believing that
such course would be perfectly sale.
Mr.. BEEBg urged that the Legislature
required 10 vote by yeas and nays on this
article in its entirety, and 1t would be ex-
tremeiy unsa'e to mutilare it in accordance
with the verbal opinion of some legal gentle
men. We had right to assume that the
people would not endorse this fourth section
The article was regarded as a complete entity by
the last House. ana we have right to separate
any portion OF it. He thought, however, that sec.
ton four might be submitted separately, and he
had DO objection to such course. The action pro-
posed would be nothing but a mOckery OF legisa- !
ton. and he was opposed to It,
Mr.. WEED regarded this section as an insupera-
the people, and perhaps lead to unfortunate legal
complications. He was not opposed TO the re-
mainder OF the article but he could not vote with
this section in 1t.
Mr.. BATcHELLER said there was no doubt il this J
section was lett in the article 1t will defeat 1t. II
might be submitted however, with provision |
that each clause of the article may be submitted.
Mr. VEDDER thought the gentleman from Queens
(Mr. Prncei had backed down from the ground
occupied by him the other day. which was that
these articles could not pc amended in
amy way He thought that the article
bly, and Senatorial districts should remain
as they are Tor ever. II this section is stricken
Legislature. If we change section we radically
change the principle OF the article, and it will EN-
body an entirely different principle. He did not
think the section could be touched without endan
gerng the passage or the validity OF the article.
Mr.. PRINCE called attention to the fact that
this arucle contained important provisions re-
speeding general and special legislation. The
question had been hobby with him, and It was
important to himself that the article should
be adopted without delay. The senate had
taken legal advice upon this matter, and
within the last half hour had stricken out the
ton referred to- He thought there very little
DOUBT OF the safety OF the proposed course, but he
was willing that the amendment should De CON-
mitted without Instructions, so that
AMPLE LEGAL ADVICE COULD BE SOUGHT
and every precaution taken against committing
mistake.
Mr.. SHERWOOD thought there was good deal OF
talk and very little action. There is one PROPOSE
ton in the article under consideration
by 100000 maJorlty-the clause giving mem-
Ders OF the Assembly SIS a day. This was
too much money to pay for the blowing which is
done here. II the section could be amended by
making 1t So per day, we might stand some chance
before the dear people. As 1t now stands there is
not much chance OF its adoption. and he advised
the members to stop blowing and do something
Mr.. BEEBE thought, III all Difference to the wis
dom OF the Senate, that we were treading on dan
gerous ground. II was perfectly apparent TO MIN
that II this section were stricken out the whole
article would be destroyed. He did not want to
see 1t defeated. and he hoped the article would he
committed without instructions, that some
course would be adopted which would save it.
The amendment Of Mr.. BATCHELLER was then
agreed to and the article committed without in
structons.
Concurrent resolution proposing amendments
to article OF the constitution
Mr.. WEED moved TO recommit it, with instruc-
lions to amend SO that the Governors term shall
be two years, instead OF three, striking out the
clause providing that subject shall be acted
upon at extra sessions except such as the Gov
ernOr may recommend, the clause seeking an in
crease Of 10000 in the Governors salary. and the
clause allowing the lGQYernQr To object q