The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-06
REFORMS IN THE LAW
PERTINENT FEATURES OF NEW
YORk's NEW CONSTITUTION.
Indiana Legislature VIII Perhaps
Make Some Statutory Changes I'm
the Same Direction.

| -
would with propriety bind legal force as
| statutes and not fundamental were
| placed in the constitutions of the new
| States, or in the revised constitutions of
| the older States, in order that there should
| be little danger of repeal. In the revision
| of the Indiana Constitution in 1851 the limi-
| tation as to the amount of tax debt that
| city might assume per cent.-was insert
| ed at the instance, it is said, of William H.
| English, who connected with the con-
vention. Bryce points out many more per-
| tinent Illustrations of the practice. The
| new Constitution of New York, which went
| into effect Jan. 1, 1885, escaped a great deal
! of that sort of thing 1t had for it's presd-
| ing officer Choate, the head and front of
| the New York bar, who if he had been less
| an independent and more party man
would have been available as candidate
| for Governor through the franchises of the
Republican party, with which he has usual
| ly affiliated. His colleagues were of high
order of citizenship, apparently, and the
product of their prolonged discussions bears
evidence of intelligence conservative prog
ress and patriotism. The Constitution was
ratified by the people at the November
election by an enormous majority, though
its prohibition of pool selling no doubt ac-
counted for the disparity in the votes cast
for the head Of the ticket and for ratifica-
ton.
1t is unusual, it is true, for constitutions
to speak of pool selling or of the libel law,
but still the new Constitution of New York
places these subjects upon the same plane
as the familiar one guaranteeing free
speech or jury trials. There is especial in
terest just now in the libel law, which it is
proposed to ask the Legislator
of this State to change. The Con-
stitution of New York has the following
in the very first article:
Section 8. Every, citizen may freely
speak, write and publish his sentiments on
all subjects, being responsible for the abuse
OF that right; and no law shall be passed to
restrain or abridge the liberty of the speech
or of the press. In all criminal prosecutions
or indictments for libel the truth may be
given in evidence to the jury and if it shall
as libelous is true, and was published with
good motives and for justifable ends, the
party shall be acquitted; and the jury shall
fact"
The next section is the that abolishes
the pool rooms. 1t reads
section g. No law shall be passed abridg-
Ing the right of the people peaceably to as
semble and to petition the government, or
any department thereof; nor shall any di-
vorce be granted other than by due judicial
proceeding; nor shall any lottery the sale
of lottery tickets, pool selling book max
ing, or any other kind of gambling be
authorized a1 or permitted in the State; and
10 prevent offenses against any of the pro-
visions of this section
The New York convention showed no lean
ing to the Henry George doctrine. 1t de-
ciares as emphatical as if in holy writ,
to the liability to cheat in case of defect Of.
heirs, the entire and absolute property is
nature of the respective estates"
The limit of recovery for the death of a
relative is limited in Indiana to 5000. This
was formerly the law. in New York, but
after contest, in which the corpora tons
and especially the railroad influences did
their best to retain the statute the rule
was changed. 1t is now a matter of funda-
mental law. The subject deeply interests
railroaders. Section IS reads:
The right of action existing to
recover damages for injuries resulting in
death shall never be abrogated and the
amount recoverable shall not be subject to
any statutory Imitation
ne provision granting the right to vote
requires that the voter must have been a
citizen ninety days before the election.
This will make the process of swearing in
aliens a week after their arrival and about
the same time before elections little more
troublesome and will give the party mana
gers time to investigate each case The
provision regarding bribery and betting on
elections is very rigid, and is unusual in a
State Constitution, being matter general
ly for statutory law. 1t reads as follows:
Section 2 No person who shall receive,
accept, or offer to receive or pay, offer or
promise to pay, contribute, offer or prom
Use to contribute to another to be paid or
used any money or other valuable thing
a compensation or reward for the CIV
ing Withholding vote at an election,
who shall make any promise to influence
the giving or withholding any such vote
or who shall make or become directly or
indirectly interested in any bet or wager
upon the result of any election shall vote
at such election; and upon challenge for
such cause, the person so challenged, be-
fore the officers authorized for that pur-
pose shall receive his vote, shall swear
affirm before such officer that he has not
received or offered. does not expect to re-
ceve, has not paid offered or promised to
pay, contribute. offered or promised to
contribute to another, to be paid or used,
any money or other valuable things as a
conversation or reward for the giving
withholding of vote at such election, and
has not made any promise TO innuence the
giving or Withholding a vote at such cleo
ton and has not made any promises to in
fluence the giving or Withholding of any
indirectly interested in any bet or wager
depending upon the result of such election.
The Legislature shall enact laws excluding
frcm the right of suffrage all persons CON
victed of bribery or infamous crime
The Constitution provides for a registra-
ton law of allie voters at least ten Gays
before the election.
Under the new Constitution the State of
New York pays her Governor $4,000 year
diana pays hsSlf that and furnishes no resi-.
censs It ha the that hs wsn
should have executive mansion to live
in, and he will recommend such an appro-
priation to the Legislature.
There has been more or less agitation in
Indiana about the pass and free privilege
toward officers and members OF the LegiS-
lature who accept passes and draw mileage.
The express companies carry packages free
for the officers of this State and the tele-
graph companies supply them with franks
for private messages. The New York Con-
stitution puts a stop to all that in Article
Mi Section s., as follows:
no public officer OF. persons elected or
appointed to public office under the laws
of this State shall directly or indirectly ask,
demand, accept, receive or consent to re-
ceiye, for his or benefit, or for
the use or benefit of another, any free pass,
free transportation. ranking privilege, or
discrimination in passenger. telegraph or
telephone rates from any person or corpora
ton or make use of the same himself or
in conjunction with another. A person who
violates any provision of this act shall be
deemed guilty of a misdemeanor and shall
forfeit his office at the suit of the Attorney
general. Any corporation, or officer, or
agent thereof who shall offer or promise
to a public officer any person elected or
appointed to any public office, any such
free pass free transportation, Thanking
privilege or discrimination, shall also be
deemed guilty of misdeamor, and liable to
punishment except ais herein provided
No person. officer, or agent of corpora
ton giving any such free pass, free trans
portation. ranking privilege, or discrinina-
ton hereby prohibited shall be privileged
from testifying in relation thereto and he
cbol1 not he liz hle tn riyil or criminal prOS-