New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-04-07
POPULAR OBSERVATIONS
CONSTITUTIONAL ELECTION LAW.
am sur,RMAy ARGUES IN FAVOR or THE
sAXr0N BILL


- tho Editor Of the Tribune.
sir: 1t may seem presumptuons III n'e ~ u'1 1.o'
80 eminent iurist as exJudgc Daniorth but as even
- 49, I,o,rt 90 ,ppeas have not always agreed
s 10 has occasionally been in the minority, he VIII
nar,on me for expressing an opinion adverse 10 Ills
own. ,. o.,oco ,h,t Iud,o
II appears BY the Governors message '""e '"us0
Da,tor,b has given an opinion adverse 10 inc co''-
"4.,,,, % any statute which gives to the
,nor;,v a right OF representation upon any Doaiu
,. and uuon the faith of tins opinion the Gov
- .,s. ,,at the saxton Ballot Reform bill would
=. unconstitutional because it gives to each citizen the
-, 90 cote for one and only one ballot clerk whiic
. ora N be elected. The ground OF Judge pan
<orh,s opinon and Of Governor iiiii Nc'o II io"u
o, in that clause of the Constitution OF this state
1000 in 1916 which gives to every male citizen,
rns certain qua1c;I,ions the right to vote for all
s,ors IN he chosen by The people It's argued That
,h right is denied where, two officers being elected
Zach elector is allowed to vote for only one
rho validity of this argument has apparently been
recognized without question by some lawyers WHO arc
f,endly to the Ballot Reform bill. nevertheless
must respectfully dissent for reasons which seem 10
me conclusive.
when the Constitution Of 1916 was adopted tho
Iectslature of this state acting under the Consti
milton of 1921 its amendments. the provisions OF
which WERE in this respect practically unchanged by
the Constitution of 1916 had given construction 10
he
law of 1s42 which provided for the choice OF three
inspectors OF election to each poll and forbade any
ballot from containing the names OF more than two
inspectors. believe that this provision OF the
statute was not even in 1912; but II Is not
necessary 20 look further back. The constitution
convention OF s46 consisted Of men actively engaged
in politics; every of whom knew perfectly well
of the existence of this law and perfectly well
aware of the fact that cector in any part OF the
State allowed to vote for more Than TWO Oh
the three inspectors who supcrintended an ee'uoh'
That convention. moreover was composed manly OIL
very able lawyers, including the most distinguished
then in politics. such as Charles OConor Samuel j.
Tden. George W. Patterson. etc. When they franco
The section Of the Constitution which regulates the
right OF suffrage they none of them dreamed that
they were annullinr practice so universal and 80
beneficial The Constitution Itself would have been
voted down overwhelmingly if half the clector, had
imagined that It's adoption would deprive them OF thii
security for impartial management of elections
For the Constitution itself was framed by convcn-
ton strongly Democratic in its compoSOn while the
Democratic candidate for Governor defeated at
the very same election at which this Constitution
adopted.
The practice of the Legislature and of all the state
authorities under the Consultation of 1916. remains
precisely the same before. There is not now. and
there never has bcen single election district in th,
state in which any elector has been allowed to vote
for all inspectors of election. 1t is true that in
New-York and Brooklyn. election inspectors not
voted for at all; but that is only because, after the
Democratic party acquired an enormous prcpondcr
ance in these cities, it felt by honest Of all
parties that further security Necessary for the
division of election inspectors between the opposing
parties. Not OF the thousands Of lawyers. who
have lived in this state since the adoption of the
Constitution OF le4G and have tahcn al active part
in politics. has ever raised question as To ,hc
validity OF the statute of 1872. of any similar
statutes which have been passed in the same line
THIS Interpretation of the Constitution i entirely
aerthought. and which never occurred 10 It's
trainers to the VINO administered it, PROVISIONS
during the lifetime of the generation which adopted II.
Under wellknOwn and numerous decisions Of the
supreme Court Of the United states and Of the
Interpretation well settled with respect to state
constitutions
I. They not deemed To nnllify existing statutes,
unless the intention TO do 80 is quite clear.
=. They deemed to recognize existing uSages
and the practical operation of existing statutes uni
versaly acquesccd in. as putting construction upon
the preeXi>tinc Constitutions. that the language
Of Constitution is to be interpreted as meaning
what similar language in the old Constitution was
with universal acquescence understood To NEAL.
3. \ practical construction put upon the language
of new Constitution by universal consent within the
Instrument, is deemed best evidence OF its proper
meaning.
1t will be at once that. under any, onc OF these
rules which commend themselves alike 10 law and 10
common sense there is nothing in the Constitution OF
this state which ntcrfeIeS with the power of the
Legislature to provide for the election of two more
officers serve at the polls while restraining each
elector 10 vote for only.
THOMAS &. SHEARMAN.
New-York, April ., $500