New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-05
THE QUESTION or PASSES.

Words are trcachcrous things. colec'oh
of them incorporated into law which conVeyed
tho noin meaning it was supposed to con-
vcv would be a curiosity such as museums
mich, hid for. No matter how firm a hold Il
man may have on the tcchnicaties Of the YER
nacIlar the framing Of statute capapie VI onc'
and only one Interpretation. ana mat the oi,c
suggested naturally to the lay mind from re'"
ing IT, seems 10 be something entirely pe!on"
him Last summer Mr.. Joseph H. Choate' Mt.
E,lihu Root and numerous other gentlemen vi
education. ability and training in the eNac' III"
careful use Of language, devoted much Time 10
drafting an amendment to the CONSTITUTION cor.
rcciing the railroad-pass abuse WHICH HI"
grown TO large proportions. Wh"h th'y III"
finished they and everybody else supposed 'ii''
the amendment WAS an ironclad anu c"pp''
fastened prohibition of the acccptahc" OF ">'
Of n pass 10y any State official. The am'h"'
mcnt was adopted in the belief that IL mea"t
what II said but before II had been the law VI
the State for four days a Justice Of the supreme
Court had driven coach and four through the
legal wall erected with such pride and pains
Justice Alton b. Parker may be entirely rleht
I'm his opinion. Indeed, the presumption Is i'll
favor of all laws meaning something inherent
from what the trainers supposed they ihcah''
The average intelligence not trained i'll 'i'
construction of statutes would conclude 'ha'
the words Of the Constitution Tor MS own uSc
or benefit or for the use or bcnrht or aho'h'r
were intended 10 close up every possible OPEN
Ing for a State officer To accept favor from
railroad. but 1t is now decided that that clause
was really put In 10 make IN opening for nun
4, take fayors under certain circumstances III
he uses the pass when on public business. tileh
II ceases 10 be- for his own Use or ben"iit The
word own" SAYS Justice Parker, Is Significant,
and he makes II significant In different way
from those who consider it The correlative 81
,b,. word another in the same sentence. Ills
vicv i that IL was the undOubtcd intention OF
the trainers OF the Constitution TO stop the CIV
i'm, az passes 10 public officers for their inhivd
nal use but not Ia abridgc the power of inc
LEGISLATURE 10 provide for the travelling OK
ucns.s II officers while engaged on public busl'
u.-s The power hitherto given by sta'u'" Tor
In. Secretary ~ State To issue passes |" haii-
r,,d commissioners which the railroads ar"
hound ro honor. is held still to exist. The suS-
restion Of the opinion Is plainly that the Legs
l,tur, tuuy mt It's own membership on the same
f,oting and call upon the Secretary Of state Tor
u,sscs for Senators and Asscmblymcn 10 use on
official Journeys.
/, must h, admitted that there are c'rcum-
stances I'm which the new amendment appears
10 operate unIustly II Is not too much 10 say
that It's obvious and hitherto accepted meaning
rr.hihits masses To PERSONS whom II was not
int.nd,. 10 affect The Constitutional COnvcn-
ton apparently did not wish 10 interfere with
Mr. Drpew's riding free over his own road for
,b,. Transaction of that roads business because
b.,l an
State government Neither did It mean Ia cause
ANNOYANCE 10 obscure noiaries public. Ncverh"-
less II appears TO have succeeded in doing just
that thing And. IL Justice Parker be correct.
il did not succeed in it, main purpose. which
WAS to stop legislators being under obligations
to railroads II The plea ~ public business AMI
rh, signature II the Secretary ~ state are 'o
serve ~ an excuse for passes the amendment
might - we'll not have been passed. Fuphc
busincss will require much travelling hereafter
Nobody can doubt that the public Interest re-
auircs all country members Ia come Ia New
York every Friday and study the conditions 81
uctropolilan life The necessity ~ transacting
public business I'm lower broadway at frequent
intervals is perfectly apparent 10 all statesmen
who have ever enjoyed the advantages of ihat
method of legislation There Is no Journey that
nm office holder may wish 10 make that he can
not easily pcrsuai" the Secretary "f State *
lmpcraiiycly necessary 10 the highest interest
Of the State Noiarics public should not be
tempted Ia take improper acknowledgements
through flvoritsm for corporations. Senators
aud Asscmhymcn should not he prevented from
seeing the State they are Ia govern. That say
ih. courts il The meaning Of those carefully
wor,lcd sentences which the Convention thought
80 plain.