The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-03
THE STATE CONSTITUTION
LETTER IN REPLY TO SENATOR PRINCE

|
THE QUESTION OF SUFFRAGE.
| Tho Chairman OF tho Sub-Committee Of tho Citi-
zons' Committee OF Fifty, Mr.. Alexander Hamilton.
has received letter joint signatures OF Mcssrs
Joseph H. Choate. Wheeler h. Peckham, L. Randolph
! Robinson aud Simoa Sterne which embodies the
opinions Of its four signcrs the subject OF
| amendments TO the constitution. This opinion rc-
suited from . late letter OF Mr.. L. Bradford Prince,
which treated at length the whole subject, par
,icularly this clause relating to the suffrage.
Tho joint letter says. Acknowledgements L. Brad
ford Prince in his recent letter. the length of DO
claring that whereas the nth section Of the amend
mcnt, as reported by the Commission was divided
into the present nth and sixth sections by last
the suffrage feature thus so separated
from the other provisions as to allow OF its being
dropped out without prejudice to tho rest OF the
amendment. Mr. Prince Is therefore, Of opinion
that the other sections OF the dment exclusive
OF the SIXTH may DO adopted and be further thinks
that should tho proposed article DO adopted
either by tho people or the Legislature with
out tho provision relating to tho quail
caton OF voters the proposed new article would Boz
come part OF the State constitution. Article IL Of
lac State constitution s cited At length to show that
it provides specific plan for its own amendment.
This plan requires the assent OF two Legislatures and
also OF the people 10 any amendment. Whatever Is
tho constitution must also be agreed 10 by the second
Legislature and accepted by the people There Is no
difference in principle between inserting new matter
ia an amendment and striking out what is already
Ia IT, The division Of an amendment into sections 10
OF no consequences.
After commenting the method OF applying the
provisions OF section Is OF tho constitution, The JOINT
letter goes say that If the proposed new article
had passed the Senate in the manner tho hrst
Legislature passed this, and the Assembly proposed
TO amend u BY dropp ng out the sixth secllon, II could
80 the Executive tor signature before akain re-
ceivng the OF the House. Neither house, with
consent Of tue other, could separate single Dill
sucn action 10 say that the proposed amend
ment contains Independent propositions Inc
constitution las made prsviis,on ior the SUB
tribunals would not succossivcy act on the same
proposition II any mutiation agreed to oy the nrst
the JOINT letter says, further:-An evident bunder
has been committed In the precedent cited by Mr.
Prince Tho sixth section Of the present amendment
Is an integral part OF tho whole, and cannot be omit
ted by the second Legislature Could the several sec
tions oil this amendment be submitted to the peo-
pie separately, and one OF them rejected, those
adopted could not properly be regarded as pst e the
In support OF the above views, the writer's cite
Judge Cooey's work constitutional Limitations"
After quoting judicial opinion at some length the
writers state that tho 'manDer of submission OF an
amendment relates TO tho OF votingby ballot
US to the form OF ballot, &C., and the "time OF sub
mission enabcs The Legislature 10 determine whether
the vote SHAH be taken at separate or AZ general
election. Tni, clause does not allow series
proposed
the tnal submission 10 the people In the case Of
the State against Mcbride Mo- tho Court held that
where the nrst Legislature by lis ao: proposes an
the several parts thereof are in the view OF the Legs-
lsture, mot capable OF standing alone"
THE SUFFRAGE SECTION.
In Mr.. Princes opinion Tho suffrage section with
respect 10 tho other sections OF tho amendment,
is an independent subject matter. ASIDE from
OF tho. first Legislature can never again
be had as 10 whether or not IT should
INV nuas n IN n n a
ton left the authors OF the Joint letter are OF the
opinion that this section is Dot an independent one
The nth section OF the proposed amendment re-
quires the Board OF Finance 40 OF not less
Inan six more than fifteen MEMBERS and 10 pos
OF said Board" The sixth section, which IL is pro-
posed 10 strike out, provides the manner IN which
ana also what tho qualincat,on.of electors shall
be- The question 49, Can these TWO sections be con-
sidered independent of each otherf Arguments are
forth lchgth against proposition that tho
sections could be considered separately aud tho
letter says:-lf section can be submitted as sep
arato proposition any one OF the other sections oil Tue
whole anne ndment may be submitted as q separate
proposition thus the fret ana last sections might
possibly be adopted ana tho rest dropped out"
ARE THEY SEPARATE PRoPosiT1oSss
According TO Mr.. Princes view cvory sentence
night DO conside cred as separate proposition Ii the
Legislature OF 1878 leave the limitation OF tho
suffrage 10 the selection OF the Board OF Finance 1t
may add amendment to make It's selection Deepen
upon absolute universal suffrage, which shall
cudc women children, criminals, unatics and idiots
The section contains to considerable degreethe
spirit and lie the whole scheme, and Is denied
that this section independent proposition. The
letter then says that tho amendment must be passed
by the present Legislature ana adopted by the people
precisely came from the Legislature OF 1877 or IL
VIII fail to become part OF the constitution,
and concludes with the following words:-"We
know that there ID a camorous. opposition to it
tracoable In great part TO those Interested In the
maintenance Of the existing system OF municipal or
ganzations-the proportions OF which will reduced
by Increased discussion and ADDITIONAL Information
afforded to the people. But, DO this as u may II Is
certainly better at oncc TO meet this question, and
fairly and openly to fail, than TO attempt an ap-
parent half success the result OF which must In
cvtaDly cause great confusion In municipal Affairs,
and almost endiess litlgatou."