Daily Los Angeles herald., 1879-04-01
Dewney on she New Conssi-
tuition.

&x-0sv. Dewney on she New Conssf-
tusien.
Our distinguished fellow citizen
tx.Govsrnor Downey, in the Ea.
prees Of Saturday, illuminated a
prouuucIamiento on the new Con-
6tltutiou. In the fullness Of his
heart be says 1t is "electic," an ex-
preston which, from Its vague and
penumbrous majesty. ought to set
tie the matter. Az q condition
precedent to the phrases having
1ts due effect, however, he ought to
explain, to . much puzzled COM
munity, just what 1t means. Hav.
ing dispatched the eclectic" as.
poets Of the fateful document, he
says, "If the old Constitution were
"1et alone, and not debauched to
"sult litIgants and friends, there
"would be no necessity for the
sspresent ordeal" Were we dis
posed to be hypercritlcal we might
xomark that this sentence, though
yocondIls, IL decidedly faulty in its
grammatical construction. We
pass that by, however, and merely
beg to remark that II the old Con-
stItution was s'dsbauched" by its
ssfriends," the new one, II it has
any friends, 10 equally liable to be
dsbauched. In this connection we
merely recall to our distinguished
fellow citizen the opening words of
: famous csuplet: "Vice Is mon.
ster,n etc., etc. Debauchery is
Iamsntable thing; but, positively,
It - sometimes catching.
The Ex-Governor, dropping from
the realm Of law and morals, in
which he Is excelsior, to that Of
style, In which he is superlative,
says that the new instrument Is
oouched in "robust Anglo.Eaxon"
and lacks "ornateness.n
We remember to have once en-
countered the expression, "save me
from my friends" The ex.Gov-
srnor's literary o6iter dictuns gives
the new Constitution an elaborate
"bIack-eye." Robust Anglo.Sax-
on was good enough for the days
when the curfew bell, in the time
Of William the Norman, called the
Saxon swineherd home with his
swine to . common corral. But we
would remind the Ex-Governor
that the present is a literary age.
A Constitution, to suit the fastid-
ious demands Of the nineteenth
century. should be finished and
polished In terms. The platitude
Of "robust Anglo.Saxon," the ex.
Governor should know, has been
long ago exploded. But, Great
God, are we to be treated to the
spectacle Of the honored descendant
Of the Celt, elevating the meritri-
cious lack of graces which springs
from the "bloody Sassenach"into a
thing to be commented upon and
admired? Was for 1t such spec.
tacle as this that the battle of the
Boyne was fought, and that the
stirring strains of "Garryowen"
and 1.-THE Wearing of the Green"
struggle on to the sympathetic air?
AS well-yea, far better-talk of
the s'robust Celtic or Choctawu
languages.
We would beg to remind this dis
tinguished pubiicist that language
Is improved with race. II our new
Constitution is "robust Anglo
Saxon" 1t should be robustly con-
signed to oblivion. The ex-Gov-
ernor may understand primitive
and uncouth Anglo.Saxon, but the
ripest scholars require glossary
to get satisfactorily through the
s'ordeal." ''If." says this learned
Theban, ''If the good and gifted
''authors OF the first Constitution
chad simply provided that all they
s'said In the organic act was manda.
story and prohibitory, there would
"not be an occasion for bitter strife
.'over . matter that should claim
''calm and conslderate delibera-
"tion.n
With all our Difference for the ex-
Governors literary gifts, we are
compelled to pronounce this sem
tsncs obscure. Does he mean to say
that II all the provisions OF the old
Constitution were prohibitory and
mandatory there would be no ques.
tIon as to the meaning of the texti
We would suggest to him that the
judicial mind is exercised as to the
meaning of the Constitutional let
ter; and, because OF the obscurity
Of the text, or its infringementi
upon morals or common sense, ol
both, = court is often compelled tc
pronounce "directory" absurd pro-
visions.
It is an apparent fact that the
now document is couched in "ro-
bust Anglo-Saxon" Of intermina-
BILE length. It Is often contradicto-
Ty. and more legislative than or
YanIc, and 1t will be the first duty
NJ the Supreme Court to pronounce
The "mandatoryn and "prohibito
yyv clauses ''directory."
uvt&o Gouaruor rn,at auotd 1T.