New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-11-01
THACHER,S BUGBEAR.
Mr.. CHOATE DIsPOsES OF THE NO-LEGIs-
LATURE SCARE
SAME PROVISIONS As IN THE CONSTITUTION OF


lsie-THE CASE PERFECTLY PLAIN
John Boyd Thacher and the other Democratic
campaign managers have Oeen putting forth
frantic appeals to voters to defeat the apportion-
ment amendment to the Constitution on the allie
cation that it so effectively worded as TO
place the legal status of the Legislature to be
elected this fall in jeopardy The absolute silli-
ness Of this notion is exposed by Mr.. Choates
letter to The Tribune of October 20. In it he
says:
AT the last moment. mares nest has been
started against the appointment article pro-
posed by the convention by one claiming to be
lawyer. who suggests that If it should be
adopted we should have no Legislature for the
year 1873. The proposition is upon its face alb
surd. The amendment. if adopted will not take
effect until We enter upon the year 1895. In
the mean time the 12s Asscmblymen to con-
stitute with the thirty-two Senators elected
last year the Legislature of 1895 will have
been constitutionaIly elected. and IN them will
be vested by the express language of the Con-
Stltutlon the legislative power OF the State. No
power on earth can prevent their assembling
cordtng to their constitutional duty, and eXer-
cising the usual legislative functions. and 10
court would question their existence and COM
plete capacity. Ii Is true that the amendment.
II adopted. will create for the future Legsla-
lures new Senate districts. and will provide for
the creation in the future OF new Assembly dis
tricts of larger numbers but the amendment by
its terms expressly provides that the new As
SemDlN districts, which not marked out by
the Constitution itself. shall be laid out by the
local boards of supervisors and common coun-
ellis on the second Tuesday in June, 1872 and
filed in the Office OF the Secretary OF state.
whereupon. and not before. such new districts
will come INFO existence for the first time: and
then the Constitution as amended provides. as
ii did before that the election of Senators and
Assembly men. pursuant to the provisions or
this Constitution, shall be held on the Tuesday
which, of course. will be November. 1885. SO that
the necessary effect of the scheme is To provide
for the creation and election from the new dis
tricts of the new Senate and Assembly which
Will come into existence for the first time in
January. 1896. leaving the legislative powers in
the mean time to be exercised by the present
Senate and the Assembly about To be elected In
the preser. year. under the terms OF the present
Constitution No citizen need hesitate to vote
for this apportionment article out OF any APP
prehension excited by this bugbear
II the learned pundit who started this point
Ono point had referred to the precedent OF the
Constitution OF 1910. which was exactly iol-
lowed by the convention Of 1894 in this par
ticular. he would have realized the utter ia
tuity of his suggestion. That convention. like
ours, made an actual reapportionment II
divided the State into thirty-two Senate dis
tricts. which it laid out itself. except that as
to the four Senate districts allotted To the city
and county Of New-York IT left it TO the Board
of Supervisors before the first day Of May next
following to lay them out and file certificate
thereof in the office Of the Secretary OF state.
exactly as In the pre-: ent case the number or
Assemblymen is allotted to each county and
the Supervisors directed IN June ensuing 10
lay them out. The Legislature was directed 10
make new allotment Of the Assembly. and
the local Supervisors were empowered to con-
vene. at future day fixed. to redistrict The
counties, and to file the certificate Of the re-
suit in the office Of the Secretary Of state.
Thus Senate districts and new As
semby districts were created by the new
Constitution. which was adopted on the 81 day
Of November 1s46. which declared by its final
section. just does that Of 1924. that IL should
be in force from and including the first day o:
the following January, except as herein other
wise provided.
tricts on the same day which the new Con-
stitution was adopted. constituted the legisla-
ture OF ls47. and exercised and discharged all
the legislative powers. and nobody ever called
1t in question. although the same point niFhi
have been raised as In the present case, II
there were anything in II. In this particular.
the change of numbers in the new Constitution
for future Legislatures IS unimportant. TIL"
districts changed in tho Constitution Of
1876. but the old districts sufiiced for the con-
stitutiona election Of the members who az the
election Of 1876. were chosen to Represent thcm.
have been thus explicit in TINS plain ara per-
haps too prOtracted statement f the prinCy Of
our proposed apportionment. because u he ma
liciOus attacks which have been made upon -
by Senator Hill and his disciples. the ignorant
discussion which Il has received AT tho hands of
certain newspapers, and u the general failure -
voters TO examine and discuss the question i'r
themselves. ] bespeak FOR 4 fair consideration by
all honest voters. and II il shal receive that am
sure that it will command their votes.
Inasmuch as the charge II par;isanship IN the
apportionment amendment. which ! have thus.
as believe. successfully refuted. has been maj"
the ground Of orders issued by Senator Hi. -
his followers TO vote against all the Constitu-
tonal amendments I might stop here. But |
wish 10 deny in the most emphatic manner
his pretence that In the consideration Of the
other amendments. and in the conduct Of IN"
business Of the convention. there was anything
of a partisan character. There never was
more honest faithful. devoted and patriotic body
assembled than the late convention. Ana The
results Of their action as now laid before the
people embOdy their deliberate and uns"liish con-
clusions In fact. the great body Of the amend
nents which have been submitted together un-
der the form Of "A constitutions revision were IN
almost every instance the result OF the conlbncd
action Of Democrats and Republicans. ana IL ls
only because Of their dissatisfaction WIN Inc dp-
portlonment article that they have now declared
themselves against the rest. lf there ever was =
magnanimous and disnterested act on the part
Of A majority Of a body Ike that II was Inc d"-
cision Of the Republican members 10 SUNNI me
apportionment article. which was conceded u ne
a political question. distinct proposition 70
the people so that voter might be required
10 vote for II as a condition OF securing me gen
oral amendments which he approved. or 10 NoIe
against II In order to beat tn" general amend
ments II he disapprovcd OF them.