New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-11-25
POPULAR OBSERVATIONS.
GOVERNOR FLOWERS MARES NEST

covrPNoR FLOWERS MARES NEST.
u.ncr LESLIE W. RUSSELL POINTS OFT THE
ADsr-RpITY OF THE IDEA THAT THEME
VIII. BE NO LEGISLATURE IN 1898.
To the Editor of The Tribune 49,
| cir. II v-oud be perhaps not worth the "hle
| seriously to answer the proposition duN"ne'N ~
certain politicians that during the year 1870 IN
| viU be- no Legislature In the state oi Wv -,
were if not for the official Importance given u D'
| the Governor Of this great state In can"s IVA -"
d,ice ~ q iuIiclousIy mingled array OF lawyers As
| . 49,, ,ronrietv of having special session of the
| ,,o,,r. Of 1891 before the first Of January 1870
j., orier f., provide for the necessary administrators
Of the government of the state during the ioio""s
year. - soor, "a
The discoverers Of the theory referred u 'ee' =.
! base that theory, frail It's foundation Is d''o
ing to their own argument upon Tue nou,
! that the constitutional Convention created ne"
cors,itution which superseues the old one ana ID
| complete in all its parts.
This assumption is untenable The cohVei''o" o"',
| adopted certain amendments which, on the i''' "
ranrarv 1896 flow into the old Constitution as the
| hrook into the river Except as amended tha' o''
| Constitution remains IN force. 1t provides lot the
administration of the government through us thIee
| cr.,t Legislative, Executive ana 'u
Jlcial The amendments nowhere ABOLISH the eN.''
| ence Of the Legislative Department for any per'''
Of time AID every amendment assumes It's @o"
tinuc1 existence. ,, $50,
,rno o,d Constitution provides for Senatorial ana
Assembly election in November. 1891 Inc ne" 'o"'
stitntion provides for the change IN 'ne "u"'oe'
-, Senators and Assembymen IN the election Vi
| 1880. 49, ..r,
Tho unauered Constitution provides that "ihc
legislative power Of the state snail be Nestep III
tho Senate and Assembly, Nowhere III 'ne "e"
Constitution is that legislative power suspen''' -
aboiishel The new Constitution provides Tor inc
- . a
,,c members of Assembly. where a county sha''
h,ve marc than one member at meeting ID pe ne'"
+, lime 1855. and the unaltered Constitution eaVts
..Th,t the election Of Senator's ana me'hoeI" a'''
he held on the Tuesday succeeding 'he MS. "o'
,a,, Of November unless otherwise directed by '"e
Legislature" >.,.ho-
Under these provisions the election oi NoEs''oe.,
1901 ~ Senators AMI Members was not only la"lu'
h,,, mandatory: and the Constitution compels tha'
hol,. 81, elected to discharge its functions i''
constitution in effect on the first day Of 1a"ua'''
$50, providos that THE Legislature sna' e'e!
year assemble on the first "Wednesday IN Jdh"aiS.
Ia, the discoverers claim that the mai article
- ,ho now constitutions in its provision that This
r,g,i,u,ion shall be in force from and lnclu'lhs
rho first dav Of January. one Thousand EiSnt M a.
AL md Tnety-fve." destroys the Legislature 'ot
1895 because that LEGISLATURE VII no' '0'''''
afty senator's and 10 Assemblymen , -, ,ov
They omit to notice the unvafyine ruie ~. The
that general provision does NOT , Ies,ro!
eject of special provisions Tor pa!tlcuta, an5
.ver IL apparenty inconsistent WIN IT'LL, 81
~ reach their end, urge that the pr0Vls.ons ~
~ cnnstitifion declaring the continued ana cor
,inuous divisions OF the government OF me go
into three great departments the ~ con
ocutve and Judicial. the requirement OF th t. 1sa,
s,t,ton for the election Of l-egislatG III los,
mo command that the Legislature sna t NJ. al
tho first Wednesday OF January, 30. WIZ 81
,orue,ed nv or are inconsistent WIN the esiei
clause as to when the new CONSTITUTION S''" '
rbsv also omit to add the qualifying clause 10
| ,hts declaration that the Constitution shaH De III
force on the first day OF January 1885, eNNNP' 49,
ON The. first day OF January lSo, NOT the aIleII3
ucnfs alone. but the whole CONSTITUTIONS -
m.nts included become the fundamehtd' la" "a ~
state nv that whole and rounded I ohsu '.i e
an election OF Legislature was felulreu anu ~. 40,
place in 1884: its members must meet on me III
wednesday OF January, 1885; the Legislative Po",'
as much then as II ever has been; and no dspaT G.,
ment OF the members, lawfully elected uIlueI me
Constitution. take place unul me neN1 enc a.
ton. held after the amended constitution e''' -"
Thc true construction OF the amended Constitu-
ton i'm It's totally is that the things when are
to bee done under It after the year W. sna con,
form To the provisions then In force. LEAVING I'M
disturbed til required action begins the rismts
obligations and machinery OF government cdllen
into being by the Constitution prior to the changes
But perhaps this whole agitation IS only huge
0ke though tolerated by men OF cOnsuetdpic Pun
lie prominence. and perhaps the better ahs~.t may
be- taken from Midsummer Night ; Dream
Enter Lion and MoonshineJ
Lion You ladies'. YOU. whns~ gentle hearts do fear
Tl.. .rail..t mouse that ereep' On moor
M,y now. pesehane' BON quake ana ,reno'e mere
rien kaow that l. one Snig. the joiner am
~ jon I'm. alr else uo lions dam.
For it should. ~ uon. come IN sire
LESLIE w RUSSELL.
Canton. s. y Nov 10 1891