The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-10-24

bonds for this project IL that IL Is Of such =
nature that individual enterprise will not
undertake II without municipal aid. The
interest, too, during construction would be
a burden which private enterprise could not
support For these reasons, It Is urged, the
municipal credit must be invoked.
For whom' For q private corporation
| formed to operate the railway, which will
pay the city AZ per cent. on the money ad-
vsnced by the city for IT, That Is the way
the transaction appears TO ordinary people.
The whole act is an evasion Of the Consti-
tuition, and no one has yet been bold enough
to say that IL is really anything else. While
IL processes to comply with the letter it VIC
| lates the Constitutions spirit and clear In
tent. In the interests Of honesty and plain
dealing why do not the advocates OF munich
pal construction agitate upon the amend
| ment OF the Constitution The people
would then have a clearly defined and in
telligent issue before them The question
comes before the people in a form which is
| misleading. The real question IL, Shall
the city pledge its credit to aid private
corporation
The measure has the inherent weakness
incidental to all evasions Of the law. No
one can tell whether it will he upheld by
the courts, and even the apologists Of it
admit that IL is only an evasion, and they
ought to know that the courts do not look
favorably on such efforts. One Judge
Judge ALLES-has said upon this subject:
AN act violating the true intent and meaning of
the Constitutlon although not within the letter, ~
much within the purview and effect Of prohibition
40 n n evasion 81
the terms Of the Constitution properly interpreted
and understood and frustrating Its general and clearly
expressed necessarily implied purpose as clearly
void as II in express terms forbidden. thing within
the intent OF Constitution statutory enactment IL
for all purposes TO he regarded as within the words
and terms OF the law. written Constitution would
he OF little avail practical and useful restraint
upon the different departments Of government, II .
literal reading only TO he given to It, to the ex
ciusion Of all necessary implication and the clear In
tent ignored; and slight evnsons or acts not pal.
psbly in evasion Of Its spirit should be sustained as
not repugnant 10 It,"
The advocates OF municipal construction
profess to act for the public good, but what
sincerity can there he in such an excuse
when they attempt to render nugatory the
will Of the people as expressed in the Con
stitution' A Constitution has hitherto
been regarded as something sacred, and
species Of sacrilege. Yet men Of influence
in the community are to be found who urge
the people to break down the safeguards
they have themselves erected around their
rights. They justify their acts on peculiar
grounds They say that they have been
successful in their attempt, and justify their
course by the unique reasoning that mas
much as they have evaded the letter in
violating the spirit, the people-to whom
the substance is everything and the form
nothng-shoud endorse their action.
The public good demands that the spirit
Of the Constitution should he observed.
mere compliance with the letter, even IL
sustai ned. only points out the way in which
the fundamental law Of the State-the
solemn expression Of the will Of the people
may he made dead letter, may be turned
into something with which to scare boys OF
only timid tendency to be naughty, but at
which the vicious and unruly bent upon
following their own inclinstions will only
laugh. These gentlemen, who are 80 boast
full of public spirit and OF having the good
Of. the public much at heart are 10
open n path by which future enterprsing
observers in politics can obtain easy access
to public property.
Fortunately the courts have way of
looking at the substance Of the transaction
when a constitutional question is involved.
We believe that when the question comes
before the court, rs 1t doubtless will IL a ma
jority votes for municipal construction, the
makeshifts which have been adopted to aid
the present scheme will he swept aside ana
the court will uphold the clear intent Of the
Constitution.
But we can scarcely believe that the mat
ter will ever go so far The voters here will
surely never support such a palpable at
tempt at evading the supreme law Of their
own State.