The sun., 1894-11-04
FOR rorERs TO UNDERSTAND!
The Question OF the Proposed Constitu-
tIonnI Amendments


mitted by the late Constitutional Convention.
| There are thirty-three of these amendments
| There will be only two ballots for and
against, to determine the fate of thrty-one Of
| these. In other words thirty-onc Of the pro-
posed amendments will be voted upon CollcC-
lively. The remaining two amendments, one
relating TO the canals and one to the apportion-
ment for representation in the Legislature, will
be voted upon separately. There will be distinct
ballots, for and against. for each.
II has been contended by Assembly yman John
A. Hennessey and others, first, that the pro-
posed amendments cannot be sdopted unless
number Of votes equal TO n majority of all the
votes for Legislative candidates is cast either
for or against them; and, secondly that ma
jority of these must be in favor In order TO
secure adoption. The ground on which this
claim Is based Is a decision of the Court Of APP
peals, which, according to Mr. IIennesscy. so
decided on a similar issue relating to the canals.
II seems very plain, however, that the amend
ments will be adopted or rejected according to
the provisions of chapter &, section 10, OF the
laws of the Legislature OF 1893. under the sec
tions which provided for the Constitutional
Convention. EN- District Attorney DE Ianccy
Nicoll, Edward Lautorbach and other members
of the Convention agree that this question was
settled by the above e.nien tioned act. The law
reads: " The said amendments or the said Con-
stitution shall be voted upon rs II whole, or in
such separate propositions as the Convention
shall deem practicable, or the Convention
by resolution shall declare. And when it
shall be ascertaincd by the state Board of
Cdnvassers under the foregoing provisions that
any proposition submitted as aforesaid has re-
cevcd more votes in it's favor than have been
cast against the same, then that proposition
shall be declared to he adopted either as the
Constitution, a part of the Constitution, or an
amendment to the Constitution, as the case may
be. and said Board OF Canvasscrs shall deter
mine and declare by certificate, in writing, TO he
filed and recorded in the Office Of the Secretary
Of state, the Constitution as adopted revised, or
amended. and the same shall take effect on the
3lst of December, 1894. and each of
the amendments which shall not receive ma
jOrty of ali votes given upon 1t at the sam
election shall be void and of no effect"
The adoption ofthc amendments su omitted by
the Constitutional Convention would there fore
only require majority OF the electors who
voted upon them. II only 80 votes were cast on
the npportionment amendment, 20 for nd "a
against. the amendment would be adopted.
The thirty.one proposed amendments to be
voted upon in group are on these subjects:
!. Giving the Legislature power to abolish the
Office Of Coroner.
three days before passage.
g. Empowering the Speaker of the Assembly
to I'LL vacancy as Governor after the Lieutenant
l. Removing the $4,000 limitation of damages
in death by accident cases.
=. Empowering the President Of tine Senate to |
act as Lieutenant -,iovernor.
u. Including institutions supported by private |
charity among those whose Inmates do not ac-
quire or lose a residence for the purpose of vot-
ing.
!. Permitting the sale OF the onondaga Salt
<. Permitting voting otherwise than by bal
lot f. o.. by voting machines.
.. A6o-hmg the Code Commission, whose
work j. COMPLETED
10 Prohibiting riders" on appropriation |
ii. Extending the period Of citizenship before
voting from ten to ninety days.
-. Changing the day Of meeting OF the Legs-
ture from the first Tuesday 10 the first Wednes-
IL. fnrbdding the issuing of passes by rail-
way telegraph, and telephone companies to pub
u. .Forbi,ldng labor in prisons in conflict
is. Requiring all election boards to be bi-
i6 Requiring the Legislature to provide for
free public schools in which all the children of
the stat" may he educated, ana prohibiting alb
solutely the use of public money in aid OF sec
il; Revising the judiciary system by consoli-
dating the superior Court with the supreme |
Court and establishing. in place Of nine General
Terms, four intermediate tribunals OF appeal |
to form court Of last resort for ordinary iti- |
10. Forbdding the sale of lands and the cut
ting of tiinber in the forest preserves OF the |
20. Establishing tho present registration OF |
voters system in the Constitution.
State "hiccre in such way as to permit OF sep
arate municipal elections.
30. Authorizing separate mu..icpal elections.
%. Permitting the sale of the Hamburg Canal
In Buffalo.
public money to private institutions for the |
support OF certain wards of the state, and de- |
priving the Legislature Of the power TO pass |
mandatory laws compelling Municipal sub |
divisions TO make such payments, and by sub |
iectinE such expenditures to tho control OF the
State Board of Charities.
81. Classifying cities and placing limitations
upon city and county debts.
~. Making the new Constitution go into effect
@si Putting in The Constitution the principle
promOt ions Ia be based on merit, and made. |
when practicable, after competitlye sxamina- ina
charged veterans of the civil war.
20. Providing for the drainage OF agricultural
lands.
80. Regulating future amendments.
q. Defining the liability of bank stockholders;
~. Prohibiting poolselling, bookmaking. and |
tS 81. Regulating @ ii the Militia by requiring naval
below 10000 men, and compelling the Legisla- |
ture TO provide for their support,
The two amendments to be voted for sepa- |
ratcly are outlined as follows:
TX. Providing for new apportionment Of
Senators and Assemblymen, with an increase Of |
the former from thirty-two 70 fifty members, |
and Of the latter from l2S TO $50 members, and |
stipulatiHg that no county shall have more than |
One-third OF all the senators and no two coun- |
ties which are adjoining or which are separated !
only by public waters shall have more than one
-. Authorizing the Legislature TO provide for |
the Improvement OF the canals. without borrow !
ing money tor that purpose unless the people |
authorize II according 10 Article VII, section II,
of the present Constitution.
Now, then. here are points which the voter !
should thoroughly understand. lie will he cna- |
blcd TO vote for or against the appnTtiOnmert |
amC Cndmcnt by choosing one OF two ballots.
In like manner he can vote Tor or against the
canal amendment.
But according TO the opinion Of Attorney
General Hancock. ii he votes the third hallOt he
must vote for or against all the other thirty-One
amendments. lie cannot uS" pastors.
For instance, under the last specified ballot /
there is one amendment that has aroused very !
general discussion in All parts OF the Statc that
H. the proposed change which Will abolish pool |
selling and Lockmakius al race tracks II is |
c0Htended on one side that these forms Of bet
ting make gambling, pure and simple, recUg- /
nlzrd by the law. TN the other side IL is con- /
tended that the Adoption of this amendment will
Kill county fairs. which could not be maintained |
without h. rsc racing. and that horse racing can /
not be successfully carried on without book |
making and pool selling. Then again. II IL ar 4