The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-01-12
Some Constitutional Amendments.

Our Albany correspondent calls attention
70 the fact that thore are three proposed
amendments to the State Constitution to
be acted upon by the present Legislature.
Tho first OF these authorizes the enactment
Of law providing for the sale OF the State 8
salt springs and the adjacent lands: the Sec
ond takes away from tho Legislature the
power to pass upon the election and qualifi-
cations OF its own members. and confers 1t
upon the courts: the third provides for q
reorganization OF the Court Of Appeals by
Increasing the number OF Judges from seven
70 fifteen. and authorizing the court to sit
In three divisions. IL necessary.
As to the salt springs. We see no good
reason why tho State should not part with
its proprietary interest in them. Their
ownership does not seem properly to apper-
at all events according to Democratic views.
The proposition to substitute the courts
for the Senate and Assembly. as judges Of
the election Of members OF the Legislature.
has been received with very general ap-
proval by persons belonging to both Of the
great political parties. Wehave sometimes
thought that this change might be obiec-
tonable by reason OF burdening the courts
with purely political controversies; but it
must be admitted that the questions which
arise In disputed elections are such rs prop
erly come within judicial cognizance. and
can he more fairly and justly determined by
the Judges than by the Legislature.
In tho proposed amendment concerning
the Court OF Appeals. however, there Is one
feature which seems entirely to have es-
capped the attention OF the public. 1t con-
tains this provision:
"At all elections for Associate Judges where more
than 10 to be elected. II even number 10 to be
chosen. elector shn vote for than half Of
the number to be chosen: II an uneven number 10 to
BE- chosen. no siector shall vote for more than the
smallest number suiccnt to constitute majority OF
the number to be chosen"
Under this provision. whenever two
Judges OF the Court OF Appeals we're
to be elected at the same time. each
voter could vote for only one. The re-
suit would be that nomination by each of
the great political parties would be equiva-
lent to an election. II. for example. the
terms Of two Judges. one a Republican and
the other q DEMOCRAT. were about to ex-
pire. and one was fit to be reelected and the
other was not. the people would be power
less to reject the unfit candidate. II he wero
from his own party, and their support at
the polls.
In this State the traditions Of the De-
mocracy have always been opposed to any
such permanent scheme as this to deprive
the majority Of tho power to govern.
When the present Court OF Appeals was re-
organized under the Judiciary Article Of the
Constitution adopted in 1869. such pro-
vision was made in regard to the first cleo
ton, at which the seven Judges constituting
the entire court were to be chosen. that the
minority was certain to elect two of the
seven members Of the court. II the men,
bership Of the Court Of Appeals Is now to be
increased to fifteen. similar arrangement
might be made in reference to the original
election OF the eight new Judges; but &C.
cordlng to Democratic views and practice. it
should be confined to, the first election only.
The present Legislature is in duty bound
to provide for a Constitutional Convention.
which will probably meet at Albany or Sara
toga next summer: and it may conclude to
refer tho subject matter OF the several
amendments we have mentioned to that
body. instead Of passing upon them ITSELF