New-York tribune., 1896-03-30
IF ONE, WHY NOT ALL
WHY SHOULD NOT THE GOVERNOR MANI
MAYORS AND COMMON COUNcILs7

THE RA1NEs ACT VIOLATES THE INTENT o. AZ
rrcLE x, SECTION 2 OF THE coNsTlru-
r1oN. ACCORDING TO MR.. LAYTON
To the Editor Of The Tribune
Sir: I beg leave to submit for the considerauoA
of such of your readers as may be interested 'ns
following points against the CONSTITUTIONAL" -
tho so-called Raines Excise law
The Constitution of 1s4s (abrosated by the pres
ent Constitution in November. 1SsD provided. m
Article X, Section O.
All county officers, whose election or appointment
Il s.ctsd nS Sy ,e essos ioT Ss Of the
or APPOINTED by the boards Of Supervisors or ether
SSass Election al or s e
vded for BY this Constitution. shall be elected y
Or.es thereof as shall dessnass
or Gr spuotmen .Ouo is not provided by this Con-
stitut on and all officers whose offices may mere re
people, or appointed the Legislature may direct
This section was incorporated In the present Con-
stitution as Section OF Article x, without cnanse
and was adopted by vote OF the people In Nove"'
ber. 1894 The Court OF Appeals mas decided .ns
meaning Of this section in the following LANGUAGE:
The purpose and object OF Section OF Article
Of the Constitution as is very obvious, was TO sc;
d;v.ons Of the State the right OF local segovern:
nent by requiring that all county, cry, @ sown sno
village Officers Wv whose % ss constuon save those
Whose oices might thereafter be created by Law.
should be elected BY s e,ee'Sys Sy such
thereof as the Legislature should designate - 70 20
ofices known ard In existence at the Time OF t1e
adoption Of the Constitution. thus proys.onL NJ Is ABB
solute In prohibition o. an en- b ANYBODY
trial Ss local ar Or
Tesisnated by law. Faithfully observed, and enece
sssesusy sSsa seeures S 1ss to eaeh
divisions Of the State the right OF cn1Css s or
BH1ans Biaafaace i's from the and none
can be deprived OF the rights and franchses guar
ne' ars OF right entitled to choose whom they & have
70 ION r"'s Them and the electors and Inhabitants dis:
franchised by an act OF me -, tSs state govern
The Constitution cannot be evadsd py & cSsnEe ia AZ
~ vided cd and the duties assigned to two or more
officers. under different names and the app4n.- s y.
msat e. hf s. se iSs ut any and The
ecrunire acts Of the Lessafure re ana rusrated
nv q mere colorado change in the DESIGNATION ana
title or the duties OF oficer when the a2po'hhs. NJ
act vod an:ess the change Is nsa and sub:anta
rhe Pe'pfe 1e ~ s* s. S. D0'''" As'
rba language OF Section 2 of Article =, having
been readopted by the people In November. 1884,
speaks from that date
no,rds of excise and excise commissioners were
known and In existence local ofhcers at the t'ms
OF such adoption. In every city. village ana to"n
m the State They are covered by the terms OF
nat .ec,ion. and the decision Of the Court is au.
thor.tative upon the question as to whether ther
election or appointment may be taken from tho
locality and vested In the Governor Cons'derss
separately, In respect to each mun!c'panty' '"s
Excise Commissioners provided for In the Ka'nec
hn differ but slightly, II at all. from the presens
local officers The name OF the officer IL nos
changed: II reduces the number OF Commissioners
from more than to one and his deputy i"s
duties OF the office remain substantially the sans
No new civil division OF which they are made ons'
is created.
II would not be claimed for an instant that II the
Raines bill In terms applied to but one or 10"
Of the municipalities Of the State It would not Do
void under the ruling In the case cited. II -
sought 10 distinguish the bill from such case "
the claim that II Is general law, proVidins ior
new system Of excise and creating new once ana
Is within the permission OF the last paragraph OF
Section 2 Of Article X. which reads And AL
officers whose Offices may hereafter be created
BY law. shall De elected by the people. or ap-
pointed as the Legislature may direct
An analysis of that claim reduces It to an ab'
surdity. II It Is well founded under guise OF e.
tablishing a State police. every municipal police
force could be taken over and appointed by the
State government. The same thing could be done
with the schools fire. charities. health finance ana
taxation departments
II 1. fact Little realized that the only protection
there Is In the Constitution against legislation
providing for appointment by the Governor OF
mayors OF cities and presidents OF villages mem-
bers OF common councils and boards OF trustees
is Section OF Article Y. II the people OF 10.
cality can be deprived OF the right to elect or ap.
point a local officer known and IN existence In
November, 1884, by a general law. they may be 80
deprived OF all local officers; and that characterizes
their derivation Of one class of such officers as
gross violation Of the letter and spirit OF the Con-
st:tutlon The trainers OF the present ConsrMtusion M
dunn clause IN respect 10 local bills. What would
become OF their intention and that OF tns peopis
IN respee, 70 Ors nome rur b. general law made
appointable by the Governor? No one can prophesy
10 rhe %'r rule f OF COZ Constitutions wei known 70
need no citation OF authorities All parts OF the
&C. and + viii ':s
15sr ,.sss e se Of sG' Of sss t. thu:
ment by the Governor OF an excise commissioner
and deputy must go down as uneonstiuttonal 5 @ ana
TO the adoption Of that section in the Constitution
S Sf e
that it became in the last degree offensive to the
ps1Ds that S rsyns shs S Of
government to all LOCAL offices then known Tnis
rsady ,Ss o sH OF Which
the Court OF Appeals has held may be had for for
ramers erpof Of the section The Convention Of l
must be presumed have considered Its historical
asnects a1,d the rulings of the Court and since Il
extended the principle OF home rune eisewhere must
A, that tmo from every assault OF the central au'
thority. ,..,
II obvious since the terms OF ONCE OF all local
excise officers are terminated by the Raines bill,
that IL the provisions touching the appointment OF
a state Excise Commissioner and deputy are void.
TIE act cannot be executed. and under those CIR
cum stances the whole act ,s void tMatter OF MID
FL RR Co. lis ID. and 23) or course. II the
whole act e void oil repealng clauses and sections
aimed at the previous law down. and the old
Law q in force. GEORGE r. LA"iON'
New-York. March %. 1876
REASONS FOR NOMINATING MKINLEY.
To the Editor OF The Tribune.
Sir: AS American people are giving mucn
thought TO the Conven lion 10 be held In 81. IlouA