New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-28

| rIONAI BECAUSE IN EFTIMATING THE NUM-
| Der OF INHABITANTS IN THE NEW SENATE
| DISTRICTS, THE LEGISLATURE DID NOT AND
| WERE NOT FURNISHED WITH ANY lNFolIMh-
| TON WHEREBY THEY COULD EXCLUDE FROM
| THE BATS OF REPRESENTATION PERSONS
| OF COLOR NOT TAXED.
| This constitutional provision has remained q par,
OF the fundamental law through many DECADES ana
although the Constitution OF 1s46 has met WIN many
changes, change has been made or even propoSeu'
In this restriction upon the basis OF representation III
the State senate. Neither the courts nor the Lcs"
aturc have anything to do with the wisdom OF u'''
wisdom Of this provision. Even though tms' OF any
other provision Of the Constitution, had been dlSfe
| ar,ed in the past such disregard could NOT paSs
unchallcngcd when brought to the attention Oh ,n'
| court For a. Judge Pnney we'll says (5l \. W.
Rep 74OJ: THE rule IN respect to contepoue eo@s
viii suffice TO dispense with overcome PLAIN
statutory provision. much less PLAIN Povs'oHu Nor VI
,,r 81 Wend 5sa the court had under considerl,
ton tho con stltutlUnay OF setting on the cunt ~
Fulton from the county OF Hamilton ana Jase .o"vu
onotes with approval at page j54 fiom Sorcys ooii-
mentaes these Words 1t IL scarcely heceNssy yop "
ctitIIton We have nothing to do with arguments ao
nconvenien for the purpose OF enrghs OF 70 de-
clare il lex scnpta est, TO follow and TO OBEY ,o
The same Language Is qnotee Miem aPpiV ". peope
1t viii not do that because slavery has S Seen
abolished all aie free, the suffrage has 9eeh
extended to all classes Of men, and property Pahca
lions have been abolished. that therefore ths cmuse
Of the Constitution Is against the spirit OF aepm ,
Institutions and can be set one side by Tue roui,s
or BY the Legislature; Mr.. Cooley IN his work 20 "a
says II quite possible that the people may, nnaer
the influence Of temporary prejudice or 'Hr'' thI
charter Of government Infringing upon the proper
og o OF m Se rsaed a, " sacred and fundamental
In Republican eovernment and II Is aso possible ;ioG
that obnoSo, ca,ie' may he nnla'ty inr IN ths
The remedy for such injustice mus DC iouna III 1te
action OF the people themselves through an amend
sncb provisions when free from doubt must receive
tho same construction a. any Other A.. ,,,rx
aution -, Tho pln I'm the public schools brought mp
in the cas-, Of the Stat ex rel Weiss ng Dstf 3 hool
n HspoT page S SD tnG and s sp az
mental c,hcs-all questions Of polcy-must be re-
venron which framed, and concusyey dccrlrhed DIV
the people who adopted. the constitution more thnn
forty years ago The oath Of every ohi'tnl In me
as It might have been"
ONLY ONE REMEDY FOR DEFECTIVE CoNSTITU-
TON.
II Will not d. IN argue that when the amendment
Of 1874 changed The basis OF representation IN The
Assembly there WIZ Intention TO change the basis
| In the senate, which not put into force because
Of some oversight. Chief Judge Bronson sud. IN
oakley agt. Aspnwnll. y. y. 500: Z" 1t has been
suggested and for augllt l know such may be the
fact, that the convention which framed the present
sinte Constitution forgot to make the usual provision
| in such cases for a quorum of the Cont of Appeals
Hut what then J! IL could DC proved mat The
Oln sion wa, oversight the part "f the con.
venton. It would not help The matter The ihct souid
| sun remain That the I,Oplc adopted Ia" INSTRUMENT
~ IL 1, and whatever may be Its defects 1t IL stun
| the fundamental Ew. which no power but the people
| Themselves Las the right TO amend or aicr; a., AZ
page Dos he continues is hisnS pooa n tnn'
,titutlon a. /, written. Bu that consideration can
! nav. no weight with me- IL Is not for u. but for
those who mad. he Instrument supply Its defects
mon Themselves. or n under color OF construction
Ilrt any 4 her
from that which i plainly declared. the pope may
t ,,,w,r 81 tc GoyernInemt Written ccnStiiutions
Win h. worse than u-cle,,. believing. do. that
tie ,ucc-.s 81 nee Institutions depends rgid ad
terrence To- The fundamental law. have never yielded To
con ldcr1uoils u cXpedcncy In rxpoundng H. There
f. aWay. plausible ra,on for the hiitulnniinn
con irncOns which rc>Ortcd 10 for the purpose o
acquiring pJwer-some evil 70 b. avoided or some
Government beyond their legitimate boundary. IL Is
by yielding 10 -n"h Influences that constitutions are
gradually undermined. and finally overthrVwn. NV
rule Ia. been Ia follow III" fundamental law as
II Is written. rrgarte,s Of consequences. II the law
does work well. IA" people Gun amend IT, aud
lncmvcuierces can De borne long enough to await
that process Isn't The Legislature or the courts
undertake Ia cure defects forced and unnatural
"irtctionS they inlet wound upon tlic Constitution
which nothing can he'd. one 7iep taken by the Legs
hure the judiciary. In cnlargng the pywes 81 me
Government opens the door for another. which vii. he
sure 10 follow and the process goes on. until Ill
respect fr tho Fundamental law = lost mud ~" bowers
u the Government nrc Just what those In authority
phase TO call them"
Persons Of color NOT tavcd' have been excluded
from The basis ~ representation In the state Senat. for
| upward 81 seventy years. The Constitution Of l-.l
directed that they b. excluded from the total Of popu
atlon I'm making M the rr1pportiohmcnt both u Scna
| tors and hssembiynen The Constitution Of lsA6 r.
tanned the provisions and the amendment OF 1874
relates the Assembly alone. The words quoted have
therefore n we'll settled. definite and nnmlSlahablo
meaning Until the Constitution shall be amended. all
colorcd pc6plSthc men. women and chIliren-unIes..
| they pay taxes are - be eNcnfed from the hnss of
| representation In the state senate II ne legislature
I'm appprtOnlng the Senators cUnsiiiutlOnaly re
fuse 10 exclude from the computation ~ the nhnhi
ants Of each senatorial district persons of color not
axei.7 then there is reason why the next nppor-
| onmcnt may not. with equal justification, refuse tn
exclude aliens from the total population.
com s So Encw Ean take rs Of m Of Color
not taxed In almost II not all. the COMMITTEES Of the
state IN greater or les nnmber Is matter OF common
cities Of New York and lroolvn In the winter season
Is aso matter OF common observations and that scarcely
any Of them find their upOn the tax roll II also
matter beyond dispute. II is believed that there are
In the city Of New York alone mora than 10000 which
number constitutes the INIT Of senatorial r.presenia-
| ton and surely than 100000. That being the
population Of The XIth Senatorial District. II this
very considerable number II people be included In
stead OF excluded from the population forming the
basis n representation. what + TO hinder the ncrd
ng instead u the excluding Of 377.'55 aliens In the
The city Of New York can, by this process. Obtain
%1rs nS My aT T not next %e By commg
oil It's aliens a. citizens obtain three moro Senators
than the people through their Constitution have In.
| tended
THE APPoRTToNMENT OF 1892 WAS VIOLATION
OF THE CONSTITUTIONAL PROVISION THAT RE-
| AprORrIoNMENT SHALL BE AT THE FIRST
SESSION AFTER THE RETURN or EVERY
| ENUMERATION.
April 81, 1892 the Legislature was In session. ana
received the report Of the Secretary OF state. snow
inc The results OF the taken under his direction
On that date the Legislature while In session was
visited by the private secretary of the Governor