New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-12-28
all people to liberty, having equal rights Tor AL,
saving stripes for evildoers only. .o,
New-York, Dec. 90, 1888.
THE CONSTITUTIONAL AMENDMENT.
RICHARD p. MARVIN THINKS THERE is NO AM
BIGuITY IN THE LAW RELATIVE. TO
THE QUALIFICATION OF VOTERS.

! Tothe EdttOr Of The TrfbunC.
Sir: The editorial in Tho Tribune Of Novembo
81 refers to Section l. Article XIII OF the Constit
uon and quotes therefrom And II the people
shau approve and ratify such amendment by ma
jority OF the electors qualified TO vote for members
Of tho Legislature voting thereon, such amendment
shall become part of the Constitution II Is said
that this Constitutional provision is ambiguous and
IS interpreted In two ways; that II Is held to mean
that a majority Of those voting on tho amendment
must vote for II In order TO secure It's passage y
1T Is also held to mean that its passage is con
dlhoncd upon its receiving the approval OF ma
jority of those voting for members Of Assembly,
Let MS enlarge the quotation from the section.
After providing for the passage Of any proposed
amendment by three legislatures It declares that
8" then It shall be the duty Of tho Legislature to
submit such proposed amendment or amendments TO
the people, I'm sucn manner and at such time as
the Legislature shall prescribe; and If the people
shall approve and ratify such amendment or amend
mens by a majority of the electors qualified TO
for members of the Legislature voting thereon,
such amendment or amendments shall become part
Of the Constitution Is there any ambiguity In
this language7 majority of the electors possessing
a certain qualification voting thereon Voting on
what! Certainly on the proposed Amendment SUD-
mitted by the Legislature TO the people
Again, this language certainly excludes all votes
at the election having reference to the proposed
III
It was necessary to define by whose votes the
approval and ratification should be made 1t was
to be by electors qualified to vote for members of
the legislature and the second article OF the Con-
sttuton informs who they are, TO Wit, every male
citizen Of the age Of twenty one years" NO
elector was competent to vote and none could vote
upon the proposed amendment unless he possessed
the requisite qualification. The Legislature by the
act of May, 1888, chapter 276, submitted 10 the
oooJ ,eptf I'm m
scribod in the act This act was authorized by the
Constitutional provision I'm question BY the act
a separate box for the ballots required the form
of the ballot for and against is given. II Is not
possible for me read this section as requiring that
a majority Of the electors qualified to vote for mem
bers of the Legislature must vote for the proposed
amendment or IT Will be defeated. Aside from other
objections, this proposition leaves out the very I'M
portant words, Voting thereon
IL may be well to state here that this section
OF the Constitution was copied from the CONSTITUTION
Of 1921, Article VIII That constitution requlied
Legislature, be agreed to by twothriS OF an inc
members. . On motion of Charles OConor,
I'm the Convention of 1916, twO-thiris' was stricken
out and a majority inserted. Ihls was the only
amendment made AS chairman of the Committee on
of the committee reported it 10 the Convention Sec
ton Of the article is new, and, so far as Know
< general remark may not be out of place here.
The people, when they act, decide by majority
the democratic principle recognized in all our Amer
lean Constitutions. When they are to act by repre-
scntaves agents, they do, quite generally, pre-,
scribe limitations or conditions upon the general
power or authority, thus The legislative power
of this state shall be vested in a Senate and Assem-
byn This general power is restricted and qualified
In Article Of the Constitution, generally called the
Bin OF Rights If, in the present case, we are to
take into account votes given at the election, say
for members Of the Assembly respectively, in the 125
Assembly districts then We shall depart from ne
rule that the people when they act, decide the
question by majority of votes cast upon it, how
ever small the vote or majority may be-
RICHARD =. MARVIN.
jamestown, y. Y, Dec 10, 1858.