New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-02-26
NFTEP WIND THE CONSTITUTION.

"The Constitution. said the Honorable i I'M
othy J. Campbell. when told by the appointing
power that an appointment he desired 10 nave
made would be in violation of the Constitution,
ooh. what's a little thing like that between
friends:" The Honorable Timothy's remark
like that of the Texas statesman. the Honorable
Mr. Flanagan of Flannagan's Mills, on we'll
remembered occasion, in reply to suggestion
that the distribution Of offices was not the cher
business of National Convention. Then, what
in - are we here for:'-has become CLASSIC.
They are in the nature Of political aphorisms;
terse and vigorous expressions of the average
politicians view of the business of politics ana
the functions of political parties. In that view
the offices are all that political parties are "here
for" and in the distribution of them and their
accompanying perquisies "a little thing" like
the Constitution should not be permitted to
stand in the way.
But is that view TO be generally accepted?
Two years ago we adopted a new State Consti-
tuition. In theory it is fundamental legislation;
the organic act; the supreme law, with which all
statutes must be in conformity to have any bind
ing force upon the citizen. Obedience TO its let
ter and its spirit is not only eXacted from the
people but required Of the Legislature. Its pro
visions cannot be overridden and must not be
evaded. But our Legislature at Albany seems
To think otherwise. In its judgment little
thing like the Constitution ought not 10 be per-
mitted TO stand between political leaders and
the patronage and perQuisites Of office which
constitute their stock in trade and means of live
lihoOd In Section of Article V Of the Consti-
tuition explicit provision IS made for appoint
ments and promotions in the Civil Service by
competitive examinations, and it is ordered that
claws shall he made for the enforcement Of this
section" This strikes at the root Of one of the
most mischievOus abuses of our political system.
But it at the same time cuts off from managing
politicians the most fruitful source of profit and
power They have consequently been exercising
their ingenuity ever since the present session
began IN dcvsing schemes not az required by
the Constitution. "for the enforcement of this
section but for evading and multiplying it.
The Constitution in Section Of Article NH
expressly fOrbids the acceptance by any public
officer or person elected or appointed 10 any pub
lie Office of any free pass, free transportation,
frankingprivilege or discrimination inpassenger,
telegraph or telephone rates from any person or
corporation. This, like all the other provisions of
the instrument, was carefully considered. dcbat-
ed at length, deliberately adopted by the Conven-
ton. and subsequently ratified by the people. 1t
IS too late now to discuss the wisdom or unwis-
dom of IT. 1t is there and has TO be obeyed until
by the joint action Of the Legislature and the
people II is repealed But on Wednesday the Rail
road Committee of both the Senate and the AS
sembly voted TO report favorably a bill which
provides that "the Secretary of State shall issue
ITO the Governor and his secretary, the Lieu
tenant Governor the heads Of all State depart
"mens. the members Of the Legislature the
Judges of The Court of Appeals and the Supreme
Court Justices, and the Clerk of me Senate and
''the Clerk of the Assembly a certificate for use
'by such officials when travelling on public bust
ness which must be accepted by all railroad
corporations for the transportation of such Off
"cials over their lines" Where does that leave
the Constitution: The trainers of that instrr
ment were clearly Of the opinion that the ac-
ceptance by public officials of passes and similar
favors from individuals or corporations was OF
corrupting and demorazing tendency and an
abuse that should be corrected. That they were
right in this view will not be denied by any dis
interested intelligent man. But these gentle
men at Albany with but one obvious motive and
that to seize upon personal perqulsites in viola
ton Of law, propose 10 pass a bill, the effect Of
which VIII be TO override the Constitution abs0-
lutely, leaving one of its provisions hanging use
lessy in the air, having no earthly purpose ex-
ccpt TO provoke ridicule and contcmrt
Quite in line with this treatment Of the two
constitutional provisions above named is the
view taken by the managers Of the political ma
chimes in this city Of the provision for the sepa-
ration Of municipal from National and State
elections. The intent Of that, as declared by the