New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-07


THE ATTORNEY-GENERAL DECIDES TBAT THE PRO
POSED AMENDMENTS TO ALL THREE SECTIONS
OF ARTICLE OF THE NETWORK CONSTITUTION
WERE ADOPTED.
ALBANY, Dec. 6.-Leslie w. Russell, the
Attorney General this evening delivered the following
opinion addressed Joseph b. Carr the Secretary OF
State:-
beg TO acknowledge your IF the 4h inst with
tabular statement showing in substance that at the last
election large majority Of cast Tor the pro-
posed amendment TO section article y OF the Consu-
of the state OF NewYork and that no votes were
cast separately for proposed amendments 10 sections
aud Of article T. but that considerable number OF
for and against the three amendments
in form, majority being against the adoption Of the
three amendments to sec g. and Of article of
thS 0O tHia Whether advise the Boaia
declare the proposed amen mens 10 all three secons
OF article adopted An er TO this inquiry Will sub
stanay satisfy the object OF your communication the
other matter being incidental thereto ..,-.
1t is an annoying and perpexlng question
answer and one one Tor . %9iSh nIeced hsye
have, therefore, to have recourse conceive
the correct legal reasoning from the principles OF
may act Tue Legislatures OF 1881 ana 1882. in con.
forinty to the Constitution, adopted by unit
vote the three resolutions as whole, making
no distinction whatever between them. The Legisa.
ture OF 1882 also enacted law by which the form OF
amendment section g. article of the Constitution"
No provision was made ter ,P rGeseating, the
ihe voters of the separate resolutions. Thus it will be
that the Legislature both by ITS actions as part Of
its legislative power pro hac Vce, and
which does not require the approval OF the
Governor, adopted the resolutions as whole and as
forming scheme for the proposed amendments to the
Constitution and for the future action OF the Stae and
also i'll It's legislative action Ia submitting
the law to the people, adopted tCrm
OF ballot which, though not covering In express
terms all Of the amendments yet sufficient It ind
Gates tue legislative interest. BY voting upon such
a form of ballot the electors to express
their appreciation or dlsapprobation or the
strengthened by q consideration OF tho amendments
section expressly declared that the principal and
interes, OF the canal debt sinking fund snail be met
| provided in the fifth section OF tins artclei
evidently referring to the fifth section as proposed
10 be amended This debt is the debt which was In
Cured by tue enlargement OF the canals under the
amendment OF the Constitution OF 1884 the prior canal
| canals, or sufficient sinking fund having
teen established Tor that purpose. Inc
proposed amended section Omts that portion or article
of the Constitution which requires the expenditures or
tine canals be limited to their receipts Tor tne previous
| wear and Is necessary supplement TO tue
declaration III the proposed amended section Jnat Tue
canals should be henceforth The policy OF the
| State and therefore, no tolls can DE imposed ana
| obtained from
When the expenses OF construction and
| maintenance De paid. Therefore, the proposed
| amendments themselves hinge upon eaon other
a. to scheme 10 be adopted as unit, ana turtner
usty the suppostiOn of the intent OF the nlat0rs OF
the constitutional change to present them as unit
only method O Submission given Dy CAo Legsia-
ture I'm pursuance intent is by the form u ballot
described ana without altering any views nave pre-
| to vote in express terms for the Whole three
| amendments in direct ballot Tor
that PURPOSE am inclined the opinion that the con-
stituional scheme proposed was adopted Dy me electors
under the form manner which the Legislature pre-
sOriDed for their CHOICE