New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-29
TIE CONVICT L1B0R QUESTION:

TIE CONVICT LABOR QUESTION.
There has been a good deal of loose discus
sion since election touching the duty OF the IN
coming Legislature on the convict labor ques-
ton. Leading Democratic newspapers nave
declared in positive terms that the vote on the
question by the people was not simply directory
but mandatory that the Legislature would DC
bound to abolish the contract convict labor syS-
TEN. Isthis the correct view We hold that 1t Is
not twill not be pretended that because the Con-
stitution provides that mo law shall be passed
abridging the right of the people to petition the
Government, or any department thereof, that
therefore the Legislature is compelled in any
case to do as the majority of the petitioners
may request. 1t is equally clear that the
electors acquire no right to cOcrcc the Lcgisla-
ture by any expression which they may make at
the ballot box of their opinion on matter
which it is given to the Legislature to decide
The Constitution provides that leach House OF
"the Legislature shall be judge of the quaiti-
"Cations of its members and that for any
speech or debate in either House the members
"shall not be questioned III any other place
These provisions are significant. They demon
strate that in our governmental system the
Legislature is law unto itself; that no power
outside of itself has the right to shape its move
mcnts The responsibility for all the measures
that NAV be passed next winter will not he with
the people in their individual capacity, but-to
quote from the cnacting clause which prefaces
every bill that goes upon the statute book
with a." the people of the State of Ncw-lork rep
resented in Senate and Assembly,
But we may be asked if the vote i'll favor of
III, HI, cf ipt labor il a
be regarded rs entitled to any consideration at
the hands of the Legislature. 1t is entitled to
this much consideration the Senators and
Assemblymen may well feel bound to give the
problem their earnest attention and to make
some web considered disposition of it. The
last Legislature, actuated by abject cOwardice,
turned its back upon all its fine professions in
regard to convict labor. The very proposition
which the people voted on at the November
election was the outcome of Democratic shiri
ing The next Legislature cannot in justice to
the popular vote repeat the wrctchcd dcmagOg-
ism of last year; but on the other hand, II Is
not to feel that it is concluded by that vote.
And an examination of the vote itself and the
circumstances in which it was cast strengthens
this theory of its nature and force. 1t was fan
from being an adequate popular expression.
The whole number of votes cast for Secretary
of State was about 901 900. The whole num-
Der of votes on convict labor fell several hun
drcd thousand below this, while the majority in
favor of the proposition will not much exceed
$4,000. Besides, the law providing for taking
the vote made no provision for printing thence
cSSary ballots. and the result was that many pol
ling places were left entirely unsupplicd. II is !
also to be noted that the captions of the two
sets of ballots that were circulated were mis-
leading. They were respectively the words !
" For and Against :; and it is known that |
some of the electors that deposited the For - |
ballots meant to DC understood as being 4" for 3" |
contract convict labor; and not for " its aboli-
ton.
I'm view of these considerations it will not do |
to talk as ii all that the Legislature could prop
crly do was summarily to abolish the system. |
The point involved is a serious one. The pris- |
Ons have been placed upon paying basis. The |
contract convict system has made them paying. |
1t is unwisc to tear down unless one is IRE
pared to build up. The Legislature may well /
hesitate long while before it abOIiShcs the |
present system, unless 4 better one can be de-
viscd to take its place. This year the prisons
have more than paid for themselves There is
II surplus of $8,99G. Ia 1S76-under the old
system-there was a deficiency from the same
source Of $725,0S0. The taxpayers are OPP
posed to any mcddling with the prisons which
is calculated to compel return to the def
cchcy poilcy'