The evening world., 1894-09-22
PROPOSING TO CHEAT THE PEOPLE

| A scheme has been Matching for some
time to cheat the people and smuggle
through the new partisan Republican
State Convention without submitting it
to the popular vote.
Section /, OF article 49, OF the State
Constitution Of 1886, lays down the form
in which any amendment or amendment 8
thereof proposed in the Senate and As
| sembly," shall pass two distinct Legis-
latures. and provides that after they
have so passed they shall be submitted
to the people and shall become part Of
the Constitution only II approved and
ratified by n majority OF the electors
qualified to vote for members OF the
Legislature and voting thereon.
Section of the same article provides
that in the year 1866, and every twenty
years thereafter. the question. Shall
there be convention to revise and
amend the Constitution" shall be sub
mitted to the people, and If II shall be
decided In the affirmative by n majority
of the electors qualified to vote for mem
beers OF Assembly. the Legislature at its
next session shall provide by law for the
election of delegates to such Convention.
The pretense is that the submission to
the vote of the people for approval and
ratification Is only required when the
amendments are proposed in the Senate
and Assembly, and that the rev'sions
and amendments proposed by n Con
sttutional Convention need not be so
submitted. but can be made part and
parcel OF the Constitution by proclama-
ton and filing with the Secretary OF
State
This Is n false and fraudulent pretense,
and Is advanced by the Republicans to
cheat the people by whose vote they
fear their partisan amendments protect
ing Trusts and perverting fair repre-
sentation will be rejected.
The Constitution of 1916 was submitted
to the people for approval and ratifca-
ton before 1t could become operative.
Why should any convention called in
pursuance OF Its authority have greater
power than the original Convention?
The Convention OF 1866. held in pursu-
ance to the order of the people made n
revised constitution which was sub
mitted to the people in the general eIec-
ton Of 1869, and was rejected by n vote
of 223 1856 in its favor and 800, 4jG against
1t. The amendments relating to the
judiciary, providing uniform rule of
assessment for real and personal prop
erty. and requiring n property qualiflca-
ton for cOlored voters, were submitted
separately. and the first only was
adopted
II the revised Constitution had not re-
qured submission to the people, the
fact would have been known then.
especially as Samuel j. Tilden. Judge
Ira Harris, Henry c. Murphy and
others who had been delegates to the
Convention Of 1916 were delegates also
to that OF 1866.
But the intent OF the Constitution Is
made plain by article 10, which was
added rs late as 1874. This provides that
when not otherwise specified, "all
amendments to the Constitution shall
be In force from and including the first
day OF January succeeding the election
at which the same were adopted" This
is the only provision fixing the date
when all amendments shall be in force,
and shows that all amendments must be
adopted by the vote OF the people.
The first State Constitutional Con-
vention ever held since the Revisional
Convention of 1901 presided over by
Aaron Burr. was called In 1921 by II vote
of 10000 against $4,000 The Constitu-
ton It framed was submitted to the
people In 1922, and ratified by n vote
of 1900 against Al. 600. The only objec-
ton made to this convention, according
to Streets Council OF Revision" was
because 1t did not provide for sub
hitting the Constitution N hn
people in sections instead OF as n whole
The Convention OF 1916 was called by
vote OF 2l3. 600 to 1900, and the Con-
stltution 1t framed was adopted by the
people by vote of $4,000 to 10000
The Convention of 1867 was ordered by
vote of 900, 900 to 80, 900, and its Con-
stitutlon, except as to the judiciary
article. was rejected by the people.
In the face OF all this the Constitu-
tional Convention at Albany yesterday
started the pretense that no submis-
sion to the people OF the partisan Con-
| stitution they are framing Is needed
and that the instrument would become
law without It, In the evening a
resolution was adopted providing that
all future constitutions shall become
laws only by vote OF the People. Let
the people now keep sharp lookout.
Does this cover the present Conventions
work? Is 1t not trick intended to
smuggle through without vote. II posi-
BILE, the partisan Constitution now being
| framed?
The Republicans fear the people and
will bear watching.
| Forewarned Is forearmed.