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

M
GftSr II Is plain that IN none Of the state last
tb ionic with the expense or ANNOYANCE attendant
mon a census The Constitution OF Alabama, rccog-
ming tile want OF power in the Legislature TO act,
nX by express grant has provided for the contingency
Of the failure ~ he Federal Government to furn n IT,
Th AaSama Constitution adopted In 1879. provide,
a. e-tion 2 of Article TX that The General Assembly
Of nt stat cs nt 81 The United States in 1850 and
after each ireauent deccnnial census, shall appor-
~ u9H 'e IL then ordained by Section g. of the
sam" article that should the deccnnial census Of the
United states from any cause no De- u no ,, T"T or
satisfactory the General Assembly Snml nave Po~cI
at its first session. after the tae sA pc5Vde fT an
enumeration Of al the inhaH tants OF IN S'aIe lit
there is distinct gran, OF power p"t o's III o''"'''
specified contingency.
yHrpr THERE Is 40 GRANT OF POWER.
II cannot be successfully caimed that, IN Inc ho-
sence OF a grant OF power In Inc CONSTITUTION, ''
Legislature would have the right TO institute es'S-
ntive inquiry respecting the number OF 'e
of the state In the great case OF kliour as'' lhop
son, 1O3 u. s.. 1Cs. the supreme Court OF 'e oiieN
states passed upon the power vi "0'e "
ouire. through It's committee, into matters non ger
mana IN legislative action. Jay Cooke Co were III
solvent debtors Of the United states Ihe House o
Representatiycs appointed committee I'd ihquc i"'o
certain circumstances connected WIN p'o, NV
which Cooke & Co. had entered anu II ""' '
that this Investigation would disclose p'op'"S W
,onor, N Cooke A. Co. which the United States might
reach TO satisfy its claim. kilburn was suop'e"a'N
as a witness and required TO produce before inc COM
nittce certain books and papers. when, IL was caieo
vould throw light upon this question: ITO iei"Sed ~
produce the books, punished lor hi' ,o"'o"p'
OF the HOIlss by imprisonment, anu iV'V''' 10
ment against the Sergeant at Arins lor IT'D eH''"e
In affirming that judgment, Judge M'''ei S'''u VI Wv
Investigation image 1861: "Was It 10 be Simply !"
tpto fla
,nd,vidu,ls, II So the House Of Representatives nag
M mower or authority in the mattef more IMAM any
other equal number oil g,'en .fri,IticsS, we mean
That ii could result In no valid legf.'A'ioa Oil Tue
subject to which the ingn ,ne Goclrne laid down
In hndcrson act Dunn VI Wheat, 2Oi, that inc HOUSE
OF Representatives and the rca'e nsv ,hat mower
power IN punish for contempt. arnon ,fs,,i ~ the
I not expressly stated in the Constitution " h t'o
United states The kilburn case on Suer 70 nGnlS
81 mat,ers which do not relate 10 the enac, neIt Oh
laws for the civil conduct OF the pope o, ~. mo S,ch
law throws light upon the necessity Of no such N"
and is task pertaining to te nav he con
legislative BODY. II j. power Whl'r may u -
tered upon the Legislature. 1t may be coherrs
upon other officers or boalds; ~ ron ,ha Legs
p,~rs INNS, be exercised at the tfmo and IN ine
manner only provided by The lnStuem, dirrc,s
The grant of power. Wien COhsllluI.o! uino 80
how y ming shall b. DONE that is m enrct " pro
hihton TO IT, being done In any olhe ,., ~ d net
pp~1,oiT undertake. to prescribe mere rule; on pro,
casInqs except when such rule" gre looh,u "pn ~
essential 10 tho thns to De done, and they mus 'in ~
r,gortrd I'm the light Of limitations upon inc Po"e
10 hc exercised Cooley. N. p - ,,.. -, - ,ors,s
II II be urged that the time for me tahng % ,i,cs
can he held 10 be merely directory as j ,uihe',n
held with regard TO the time hNcd III s'n'u' a'r
that therefore the Legislature might tahr "'l'u,
im the wear l-sa or I'm any subsequent year ~ II
shall be pleased then reply thit III, =, ~
Constitution; and The people VINO aaop pgc,nr mere
advice the Lcgislniurc nor dla Ihr lpr nrrcr
~ ANY, set OF Individuals who might chance to c",n
prise the Legislature. to trc3i thc p,in :, he
ocf,I mon or not a. misht accord With The supreme
wisdom Of tn nagnatc, Of 1902: The Snpr nlc on,t
of this state said. in People aet la"rcn,'' 30
117Is6: 1T will be- found upon iu coi'9in' ,'son
to h.. difficult 10 treat any coh'utuu.nal Wc' W
AS merely directory and not incentive. ,1"cy
m ~ 10 says: at f. the province ut an lnSWu
mcni Of this solemn and permanent 1h.ia',HF !" M -,
VARYING rules by which all departments OF s"VTIr
e"nremn Cont Of Indiana in the case 81 Brown ag
cohen ~. Ind III. SAYS through Judge fJhott :
~ IL Is true ~ counsel sugcr,i Uh' IN" ,"u
sti,uiona provision produce, singular and Anomalous
rc.rlt, INF ". mus sdyr effect f. II II il written
for constitutions cannot lie changed ln ile ,nEn,.
must we regarded a mandatory. and every wort must
lie given effect II * also true IA, " Sla,n,r
filed within days after the election cannot be given
effect I'm such case ~ thi. .tt tl.' u,"s ~ ~
authorize the courts to disregard u" provision OF the
nidec 0rton. In the Wisconsin case 81 - " Rcp1'
Saw NJ Page 30: That most dangerous doctrine.
that these and other restrictions upon the power OF
he Legislature are mer,y de, arutory. and not man
daorv should not De encouraged. even ~ n" extent
1 discresinr The question. Tie convention. I'm making
n ron. tItution had a higher duty Ia perform than to
rive the Legislature advice
In ,be oplnons of the ju,iiccs. Il Maine. As. that
learned court said II may be urged that II TIE 81 =
tricing for the choice Of senators should not tnhs
ui"r@ a. The Constitution provides. and there be- no
bower 10 form districts al any other time. me TOW
asrnment would be al an end. And II might be 80.
which might be put. and which "onh be- cl1alH
rcnedil,.. The brTeryaon ana p@ra@incnc .,, now ,
Pom an ifftNp
presumption that The people viii d. their dnty by
lecing certain functl.oare ana ina, ,h%Ss sm in
order uphold and confirm" the established system
OF government"
THE CoH7TTuT:oS oBEYEp ~ 1856.
Tbe Iedslaure OF 1s-j obeyed the Constitution. and
attempted to provide for exactly The zane SORT Vi
enumeration a. had been In vogue IN preceding de
cepnlal wears owing ~ executive Obstruction the
enumeration was not had In 1879. The CONSTITUTION
has said that the enumeration shall take place NJ The
end OF every tenth year from lo55.
Shall there be ar enrm Grafton In 1893 or has the
LEGISLATURE changed the date Ia l9O- when the 'v''
s,ltnton fixed the date for the first enumeration III he
year 1859 and then said that like enumeration enouu
he had every tenth year thereafter did the same Ia
strnment contradict Itself. and render It's voice nugt
tory and powercss by giving TO the Legislature power
to nrovde for an enumeration at the end OF seventeen
years and then at the end OF three years or nd u
rive 20 the Legislature power 10 change the decenn"l
period from year ending with five to year ending
with two
II tho recent census was not an infraction ~ The
Consttnuon still. the next census must be thkc0 either
In the year 1898, or else In the year iso@' ~ w.
next constitutional year for census Is the year 1919
uen IA, will Of the people that the censGs and tle
CONSEQUENT rcarpOiuOrmont should occnr at regular
intervals, zen years apart j. ca'mec 10 have been
changed by the Legislature Of 1892 creature Of the
Constitution 50 that hereafter census may be taken
Unfortunately In ten years. once In three
years once In seventeen years or once In SIX years
according 30 the nero chance OF The varying within,
of succeeding J., glsatirc~. ON the other hind " the
period Of ten year,, fixed by the Constitution a. he
mace which must stand between each census, Will
prevent another CENSUS In 1892 but Will authorize
ono In 1907 then the ffamer> Of the Constitution
omitted one important clause aud sectCn A. OF Article
Ill should have been made 10 read, An enumeration
OF the Inhabitants Of the state shall he taken under