The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-10-25
THE REVISED CONSTITUTION
DO the Amendments Proposed Meet the
Fresent Requlrenents OF the Statet

AANNWtENHaNnAH % NnN DN-NNN
To THE EDrToR or THE SuN-Sir: In con-
sidering the work Of the recent Constitutional
Convention, which Is to be submitted to the
voters a. the coming general election, we should
determine not whether this or that proposed
amendment IL good or bad, but what were the
needed changes In the Constitution, and whether
the revised and amended Constitution meets the
demand OF developing state; whether II Is an
Improvement upon the instrument which has,
with few notifications, answered the purposes
Of government since the year 1s+T. II II will
not stand this test then II Is not worthy Of the
approval Of the people, and 1t should not be
adopted. II Is therefore pertinent to inquire,
What are the objects sought in a Constitution;
In what particular had the Constitution Of the
State failed TO meet these reauircments2
A Constitution, properly considered, Is simply
declaration of the limitations which the peo-
pie are willing to place upon themselves; IL is
voluntary surrender on the part OF the majority
Of q portion OF its right to govern, upon the
broad principle that all Just governments must
rest upon the consent OF the governed" and
that men cannot be expected to consent TO
form of government which does not respect his
conscience and guarantee him the right tn life,
liberty, and the pursuit Of happiness" For in
stance, concedng fully the right Of the major
ty to rule THE SITS, tho privilege OF discussing
the work OF Constitutional Convention
might be forbidden The Sun; but rs such
a policy would cncroach upon the indi-
vidual rights of It's editor, and would he ohv-
Snsy GTGsGd !" uSGG rosy ,ae majority
sentiments on all subjects being responsible
passed to restrain or nbridge the liberty OF
speech or Of the press" II we recognize the
tion which We are willing to place upon our
selves IN our collective capacity, Keeping IN
mind that Ih9 SssStgro is the %SfnSy
in a position 10 see that the demand OF the
tuition. but for n simpllhcation; that the work
Of the Convention should have been directed
toward the removal OF the restrictions OF the
was attempted. Leaving. out Of consideration
all the matters which could not have been dealt
removal Of some of the limitations which have
been placed In the Constitution. the work of the
recent Convention need not have taken up two
weeks of time
AS an example, take the canals. When the
Convention of lS48 met there was vast canal
debt, brought about by the construction of these
great waterways. many Of them built without
any. adequate consideration Of their ultimate
utility. To meet this condition 1t was provided
that herea ter the Legislature should not con-
tract any Indebtedness for public works In ex-
sition, which should be submitted TO the voters
at n general election before the obligations Of
a provision that the Indebtedness should not con-
tinue for more than eighteen years, and that pro-
vision should be made for the levyinR Of direct
annual tax suffictent to meet the interest and
discharge the obligation at the end Of the period
designated However wise this may have been
ated TO make our State Capitol building a scan
DIAL. because the Legislature has never had the
power to make contract for It's completion,
and the work done under one annual appropria-
ton has been torn down or modified under the
il is estimated that at least S. 900 900 more will
DO necessary. or as much as was originally in
ia fn-1a M nf m I oil
ture entering, upon the work, Of constructing
new canals; the man who would suggest such a
iunatic asylum. There is, however. a demand
for an Intelligent Improvement q the principal
Seon willing TO s trust d the people, s oasS thsr
representatives and removed the Limitation
Th So has esnS fassS TO %h ssv' s ,eans tSs
and in.ellssnsiy solved fns,eri q SolPss
canals may be improved in. such manner as the
Legislsture shall provide by law. A debt may
scribed by section 1 Of this article, or the
cost of such Improvement may be betrayed by
ury or by equitable annual tax," which simply
means that the Legislature may do just exactly
Court Of Appeals, and section IL Of article OF
the Constitution, which becomes section Of
the Proposed canal article.
power OF municipalities TO contract debts above
q certain figure and the provisions which stand
York, which have taxed the ingenuity OF
that great city to eyade, stand between the
people and rational home rule for cities. True,
the removal of these sO-called safeguards would
not provide the details OF home rule. but IL
would leave the Legislature in a position. an
swerng to a developing public sentiment TO work
out the plan, and this Is the only way in which
this result can be successfully accomplished. IL
may be radical to suggest the removal OF these
limitations but II Is n logical absurdlty TO talk
of home ruls until can trust the people to
deal with questions affecting taxation and the
public credit in their own localities.
A careful consideration of the question. keep
ing in view at all times the fact that the Legis-
lature is the mere instrument of the people and
that constitutional inhibition is a denial of
rights to the people. will show that almost the
entire effort OF the Convention was wasted, he
cause IL proceeded upon the theory that II must
usurp the rights Of the people through it's limi-
tations upon the powers ~ the Legislature.
There was an assumption upon the part Of the
members OF the Convention that this was not
only the only vlrtuous body which had ever
been assembled but that IL was impossible for
the future 10 again reach the sublime heights,
and this spirit was manifested in the provision
for future conventions. which undertakes to
provide all the details for the guidance of the
next semblage, including the number OF dele
gates and the compensation which they shall
receive, BEN :. DEAN.
JAMESTOWN, y. v, Oct. %.