The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-10-24
No LEGISLATURE IN 1857
nm RI NAY BE IF THE NEW coNsTI-
Tr1IoN rs ADOPTED.
=, w,,,d supersede the Present Constitu-
,,o, on Js.. 4 Ne1t-whst Powers
wou,d = LEGISLATURE Chosen Usder the
s,,.r.sded Co.stit-tio, The. Hsvef

,,o, on JAS. Ne.t-what Powers
wand = LEGISLATURE Chose. Usder the
s,,.r.eded Co.stit-tio. The. Hsvef
I, LAWYER Henry T. Utley of waterville Is
eight in his analysis Of the effect OF adopting
che revised Constitution put through by the he
nuhlican partisans In the unconstitutional Conven-
,,on the state OF New York will have no Legis-
iature during the year 1895 should the amend
ment regarding the constitution of the Legisla-
tu,e be adopted by the people on election day.
In brief his argument is this:
Two Constitutions cannot be In force in the
State at once. ,.,,.,, ,,,,
The LeeislstSre to be elected this isl VIII DO
Tho revised Constitution, IL adopted, goes into
effect, except as TO the Judiciary article, on JAN
on rat that date the present Constitution. except
ss TO the Judiciary article, ceases to have any
No legislature purportins 70 be authorized by
n snperseded Constitution will have any right to
eH ~ arst Issslatnre TO be elected under the
new Constitution does not come into existence
until January, 1896.
A document prepared for the Democratic
state Committee says Of this state Of things In
detail:
The proposed new Constitution provides for
tba election in the year S95 Of n Senate to con-
elst OF 30 members, and Of an Assembly TO con-
sist OF $50 members. Section OF Article III. Is
The senate shall consist Of 90 members, except as
The s a9 bse IN hS
s e e. Sc aS two Isc TIE Be
chosen for one year.
Section o. Article III. permits the Legislature
TO AZ the date-and the date elone-of the cleo
"pursuant TO the provisions OF this Consti-
tuition" ,,,u
into esI bs FOR legislative work on the frst
" Article &V. Of the Constitution, section 1,
provides:
This constitution shall be in force from and nciud
ing the nrst day q January 1885, except Is herein
otherwise provided.
The word. except as herein otherwise pro-
yided " would indicate that some provision had
been made somewhere for different date to
Animation discloses only the Judiciary article as
containing such provision.
be eSt 3Ss n
ton goes out on Jan. l, 1896.
no provision made for any legislative body of
Senate or Assembly. Of any number or of any
OF January. 1896, or sitting on the first Wednes-
day Of January In the year 1898. .
the Legislative branch Of the Government for
one year or forever. Presumably they have de-
The courts cannot look to the intent or purpose
OF the people, or to the effect or result OF the
=
Is the will Of the sovereign people.
Any legislation which throws doubt upon the
legality Of legislative act must work disas ;,
sion in the CONSTITUTION, with regard to the
and should admit the Legislature TO the exer.
else OF its functions, all laws and acts passed
MANY Cities Re snS 50
Isgisaio9 for the Rising Of MONEY h, and tae
fttl In hats vaItd and rnlf mali m
II the new Constitution is to be in force from
Senate must consist of so members and the As
sembly Of 80 In 1895 this Is too plain to admit OF
an the 9TH of November next will have to take
an oath OF Office which requires him to support
the ConstitntiSn, Of The state; and each member
the Constitution which they take an oath to
support, should the amended Constitution be
shall consist OF so members and the Assembly
lJ0: No such body can be elected this fall.
Albany in january next be a constitutional
bodyf They certainly will not be such a body
.ation 81 the proposed Constitution ipsp fdcfO
entirely wipes out the present Constitution. for
1t is a complete Instrument in itself, and spe-
ci1cally sets forth the perfected basis OF our
Constitutional tinkering is dangerous thing.
when he occupied the Chair as President Of the
Convention which had met tn frame constitu-
Ie f"s tas e.ensry sS" ~ pc hes de .odsy
honest can repair; the event Is in the hands Of
God"
There can be no question but that in their IN
due haste and unblushing craftsmanship the ma
jority by their caucus action have No framed
their work that neither the wise nor the honest
The condition that confronts us Is that II the
Constitution a. proposed by ths Republican eau
on the 9th Of November, then and In that event
the legislative department Of this state must
consist OF o Senate having 80 members and an
Assembly having so members; that II will re-
quire 20 Senators To organize the Senate and 1B
With : 81 members and an Assembly With rs
members will not constitute constitutional
legislative department. and should the Senate
ana Assembly undertake To organize and pro-
ceed to work as at present constituted. It would
be revolutionary act in that i would be IN
fragrant violation Of the Constitution, which
they must take an oath TO support.
me matter Is too serious 10 be treated as a
such body would be subject 20 attack as being
enacted by an unconstitutional body. for there
such body, and there could not he such body
called into existence by any power in the state.
for this same article Is provides in section o:
i a o Rs sGss. e s
~ 9on 3h inc Tuesday susGeeflng ne mt Monday
iature.
1t viii be seen, therefore, that should the pro-
posed CONSTITUTION be ratified, there will be no
legislative department In the state Government
during the year 1895, for the simple reason that
the Constitution, II adopted, viii no the organic
law OF the State from and including Jan J.
1898, and there is no provision CONTAINED therein
authorizing such body As the present Legis-
lature.
This article is a revision of the Constitution.
and II completely obliteraies the existing article
The preamble states this distinctly:
We the people Of the State Of New York grateful To
Almighty uod for freedom order 10 secure Its
blessings, do establish tEis Constitution.
This Constitution declares how the people Of
this state shall be represented In Senate and As
semly, and II also declares By section Ia OF arti-
Gle 81
The eraeting clause Of all bills shall he The People
OF the state OF New York represented in senate aud
A''enoy do enact a. follows" and no Law shah be
erected except BY bill.
Could such an Cpacting clause lie prehxed
SnIsututnnally 10 any hill emAnatng from a
o"ly not organized under the provisions OF the
innsttutinnf l. seems useless 10 make further
quotations In support Of the patent fact that un-
ger the proposed Constitution there can he no
a9lS organized legislative body in this State un-
~ atirr the election. which shall be held on the
1875.
ron THE GREATER SEH YORK.
kiEEs County Candidates PIsdEIaE Then