The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-05-26

the people, at a special election to be held
for that purpose only, shall approve and
ratify such amendment or amendments
or any of them, by a majority of the
electors qualified to vote for members OF
the Legislature voting thereon, such
amendment or amendments so approved
and ratified shall become part of the Con-
stitution; provided, that If more than one
submitted in such manner and form that
the people may vote for or against each
amendment separately and distinctly; but
no amendment or amendments shall be
submitted to the people by the Legis-
lature oftener than once in i've years.
Under the authority given to the Legis-
lature, amendments We're proposed by the
Legislature to the Constitution Of the
State. They were voted upon in 1896 and
adopted. The notice required by the Con-
sstitution was given by publication, and
in 1897 the same amendments, having been
so published, were again acted upon by
the Legislature, with the result that some
of them were adopted and others Were
rejected because of the failure of the
House to agree with the Senate in the
adoption of the Judiciary amendment
Under these circumstances, have re-
ce1yed, by instruction of the House the
following resolution Resolved, That the
resolution now pending, providing for an
amendment to the Constitution touching
the judiciary be referred to the Attorney
General for his opinion respecting the
power of the House to pass it,"
The power of the House to act in the
article of the Constitution above quoted
Under the provisions of this article the
power of the Legislature when once
exercised is exhausted. do not think that
the Legislature, having once acted upon
proposed amendment, can again take
action upon the same amendment. 1t has
the power under the Constitution to pro-
pose an amendment or to agree upon an
amendment proposed by preceding
Legislature, or to disagree to such amend
ments, but having proposed it cannot pro-
l.
wards disagree, and having disagreed to
the adoption of the amendment it cannot
afterwards agree.
1 think the language of the Constitution
reference to an amendment proposed is
absolutely final. The provision of the
Constitution as to the entry upon the
journals with the vote taken, indicates
that the action in question is final
Besides, the fact that it is legislative
action upon the amendment to the funda-
thoriZes is of itself a conclusive indica-
ton that careful, deliberate action in the
first instance is assumed to have been
taken. and having been once taken, the
power to act is exhausted.
Under the Federal Constitution, when
ever two-thirds of both houses deem it
to the Constitution of the United States,
or on the application of the legislatures
of two-thirds of the States a convention
may be called for proposing amendments;
and the amendments thus proposed, when
ratified by the legislatures of three
fourths of the States, or by conventions
IN three-fourths, become part of the Con-
stitutfon.
1t could scarcely be claimed that under
this provision of the Federal Constitution,
when two-thirds of both Houses of Con-
greSs had proposed an amendment that
subsequent action could withdraw the
amendment thus proposed before action
had been had upon it by the Legislatures
of three-fourths of the States, be defeat
nj 10 tQ ar.
proving it by the Legislature of any one
of the States necessary to constitute the
three-fourths.
1t seems to me manifest that legislative
power over the amendments to the funda-
mental law. is necessarily exhausted when
once exercised. If legislative action be
favorable to the amendment to the Con-
stitution that is final; ifit be unfavor-
able to the proposed amendment, that is
equally final am clearly of the opfn-
ion that in the case in hand the Legisla-
ture, having acted upon these proposed
amendments, having passed a law for
the submission of these amendments to
consequences of a clerical error in the
law providing for that Submission, been
reassembled for the correction of that
error. it is entirely without power to re-
open the whole subject either by the
adoption of the amendments heretofore
rejected or by the rejection of the amend
clusion would result in a degree of in
dednHeness as to legislative action which
would make the amendment of the Con-
stbtuton ysrg practically TssIsctfn11o imp0ssible
Your obedient servant,
S. H. GREY,
Attorney General
Mr.. Gledhill moved that in view of the
Attorney Generals opinion the amend
marest made a dying mans struggle to
save his resolution. He claimed that
there was nothing in the Attorney Cen
to pass the amendment Mr.. Klink also
made speech in which he urged the
House I to- take the chance pass the
bill and let the courts decide whether
All their appeals were vain, and Mr.
GledhilPs resolution was adopted
After that the House had plain sailing;
bill. for which the special session was
called. and then went home.
Mr.. Voorhees, lost all interest in the
his amendments went to the Attorney
General. He knew what the gentle
mans opinion would be, as he had al
iect. He also knew that there We're mem
bers in the House who, under the terrible
pressure which was being brought to
tenant and silent but effective workers,
only. wanted some such excuse as an
opinion Of the Attorney General to vote
ond defeat philosophically and had i'd little title
to to say, q x, He holds Governor Griggs re-
that the Chief Executive could be in
better. business than using the power of
his high office to influence legislation.
The fight, he said. had been made a per-
sonal one. through no fault of his and
the day of reckoning would come for the
one on to blame: This fight has created con-
siderable hard feeling, which will mani
fest itself sooner or later in the coming
Gubernatorial nomination fight and the
campaign for the United States SENATOR
ship. No further attempt can be made
to amend the judiciary clause of the Con-
stitution for five years.
The : congtitutional er amendments being
was plain sailing. The bill to correct the
error. in the constitution amendments
election law was rapidly passed under a
suspension of the rules. 1t was sent
back to the Senate and then went to the
Governor. At the suggestion of Speaker
Macpherson the House took a recess
until the Governor could compare the bill.