The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-11-25

ry an net of the Legislature. passed on
April 10. 1872, it Is provided that an election
eha,l be held on the second Tuesday Of Feb
r,lury next. Of delegates TO meet in conven-
ton to revise the Constitution Of this state
and to ameud the same.
Tn. Albany correspondent OF the Nrr
Io,h Tribune declares that this special cleo
tiun will cost the people upward OF six hun
bred Thousand dollars. and quotes II pas
hnyc from Governor lIILL's message TO the
Legislature Of 1891. in which he objected TO
n special election TO pass upon Il proposed
amendment to the Constitution upon the
ground that needless trouble and expense
could b. avoided by submitting 1T to the
people III the ensuing annual election.
Therefore he goes, on to say that " no less
an authority than DAVID II. HILL declares
that this special election on Feb. IA Will cost
the taxpayers the hugo sum OF $629.OOo.
This expense. the Tribune declares. is merely
IL piece ~ Democratic extravaganza. and the
Taxpayers ought not To forget it.
In this criticism our esteemed Republi-
can contemporary loses sight OF tho differ
cnce between holding a special election to
pass upon an amendment to the Constitu-
ton. and holding special election to choose
delegates to a Constitutional Convention.
II the members OF such n Convention are to
lie chosen inte!ligently. the voter must
have ample opportunity to scrutinizo and
consider the character. attninments. ana
career Of every candidate. and to do this in
M atmosphere Of comparative calm. free
from the partisan excitement which usually
attends q general election. 1t is true.
Constitutional Convention at this time is an
expensive luxury. particularly as very little
of tho work done by such body now is
likely to be approved and adopted by the
people; but II it is worth while to have a
Constitutional Convention at oil, the men,
bers should DO selected under such condi-
tions us TO result in the choice OF body OF
wse and able representative men. Ger
tainly this result can best be brought about
by means OF q special election.
For these reasons. It seems to us unfair
to criticise and condemn the Legislature of
1892 for ordering special election to choose
members Of the Constitutional Conven-
ton. There Is ono respect. however. in
which the statute relating to the Constltu-
tional Convention Is radically objection
able. The Constitution itself provides that
after the people have decided In favor Of
such Convention as is to be held next
year. the Legislature shall provide by law
for the election OF delegates. Tho members
OF the Convention are to be elected. No
provision Ia made for choosing them in any
other way than by election. Nevertheless.
in the act OF 1899 we find this passage: In
addition to the delegates elected and after
the election thereof. there shall be ap-
pointed by the Governor eight persons who
shall be members OF said Convention and
who shall have all the rights and privileges
accorded therein to other members OF the
Convention" Three of the appointed dele
gates are required to bs representatives OF
til" Prohibition party and five to he repre-
sentatives OF Labor organizations.
This provision OF the statute Is clearly
unconstitutional. The Governor ought not
to have signed Il bill containing such q pro-
vision, ard We are amazed that SO good q
lawyer as Attorney General RosESDALR
should not have advised Governor FLOWER
that the clause we have quoted was in plain
disregard Of the organic law OF tho State
We admit that it is desirable in Il Constit,i-
tiunul Convention TO give adequate re cog
milton tn the representatives of the organi-
cation known as the Prohibition party, and
also to the interests Of workngmen. II
such interests can be regarded rs really
Iii tinct from those nf tho rest of the com.
munity: bat til" Constitution Of tho State
does not provide for any such recognition
except by tho election OF delegates. 10 ap
point delegates In or.ler to give these or.
xauiZatiOns representatives in the Conven
ton Is to disregard the Constitution, which
1, the highest law of the State. to whicl
sr"n ia" Legislature ITSELF is subject
TIL" 'H'ccl We have pointed ont can be
rrnr.''e,i. and should be Ieiurdied. by al
Gnr .,lrni 10 tho act OF 1892 Just rs soor
a. tar new Legislature meets. II would bt
Ii permanent blot on The Legislative history
OF the st lic Of New York to provide for til,
organization Of IL Constitutional Convention
nv u statute which itself conspicuous!
violates the Constitution.
'.Ec stolen Million.