The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-09-10
THE JERSEY AMENDMENT QUESTION.

CONFLICTING vIEws-THE CASE STATED BY Ex-
ATTORNEY GENERAL GILCHRIsT-C CHURCH
PROPERTY TO BE TAXED.
Now that II has been ascerained beyond doubt that
all the constitutional amendments submitted for ratin
cation to the people of New Jersey on Tuesday were
adopted the question which above all others vitality
thousands of the citizens is the operation Of
the amendment relating TO the taxation Of mortgages.
Sngulary enough prominent lawyers in the five
counties concerned differ to its effect The views of
Mr. Icon Albeit Senator from Hudson county, have
been already placed before the readers OF the HERALD
He holds that the amendment will lead to foreclosures
of mortgages a vast scale. Other lawyers like Mr..
George c. Clifford, contend that the amendment can
only apply to mortgages to be raised after it
goes into effect 1t must be governed by
the general principles that 1t cannot DO
retrospective it repeal contract already in
force Mayor Traphagen holds the other hand that
the taxation OF mortgages cannot be construed into in
terfcrcnce with the contract between mortgage and
mortgagor which may continue in force IL the former
be content with reduced rate of interest which is
trely improbable Other lawyers hold that the taxation
of mortgages would be double taxation which is for
hidden by the constitution of the United States.
With view to reconcile, IL possible these conflicting
views n HERALD representative called exAttorney
General Gchrist yesterday, and that gentleman's
will be found interesting. He said -'To determine
this question once and for all my plan would be to
IGNORE THE VALIDITY OF THE AMENDMENT,
to its alleged effect in the taxation of mortgages Let
the levy made he can carry it into the Supreme
Court by certiorar and let the question be decided
there Even admitting that its effect will be to tax
mortgages it will affect only those paying heavy taxes,
as in our large cities II will
CITIES
into the country districts, where taxes are light Mort
cages held by savings banks amounting to about
5000 900 in Jersey C'yl only run from year to year
thing very good about these amendments. So much
special legislation is prohibited that rogue will find it
to his Interest TO TO the Legislature because he
not make anything
THE ExTSGuIsHED.
But the great objection to the amendments is that
the Legislature rushed them through sessions with
out taking the trouble to read them much less to dis
cuss them The haste was astonishing. You ask what
SHOULD he done. say should cry out for a onsti-
tutional convention That Is tho proper way to amend
the constitution. was appointed that Constitu-
tional Commission, but resigned because felt that
PEOPLE No REPRESENTATIONS
there. There was nothing in what was submitted that
the people wanted We want the Court of Errors and
Appeals rcorganized There is less elaboration in
Court Of Errors than in any other court of the State
Then look at our system of representation in the
Legislature. In no other State in the Union
though l am not quito certain about Delaware
has the system of representation by counties
in either branch of the Legislature existed See
the counties in West Jersey such Cape May, Allan
tic, Ocean, &c. Eight of these counties havc
population nor have they anything like the wealth OF
Hudson county, yet they have eight votes
every measure You bring up We arc completely sub
ject to them They have
sADDLED Us WITH COMMISSIONS
and we paying heavily for what they have DONE
We are in as bad condition as the people of South Car
DINA What made secession possible there the
fusa OF the upper house to alter the representation
This ! have on the authority Of an old resident
of that State He said that if vote Of the
people were takcn secession the result would have
been different The voting done by the planters
not by the people Coming back to the twelfth amend
mcnt, Mr.. Gilchrst said that it involved the
O. But what about railroad propcrtyg A. with
smilc) All there's the rub The amendment certainly
involves system of equal taxation people under
stand it. The Pennsylvania Company have made
tract with the State 10 pay one-haf of per
their property and by virtue OF this contract they may
fall back their constitutional rights to protect them
against further taxation.