Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1898-06-23

The report, well authenticated, is that
the decision of the Supreme Court on the
race.track amendment will be appealed to
the Court of Errors, in the expectation
that it will be unanimously reversed.
1t was said at the time that part of the
opinion was unanimously agreed to by the
Supreme Court, but this was evidently an
error based upon the fact that the unani
nifty was only that of the three judges
who heard the case.
1t is said that the opinion, as promul-
gated makes all constitutional provisions
valueless and makes our government abso-
lutely arbitrary. The proposition is, that
because the constitution provides for its
amendment in a certain way, and makes
the legislature take part in the proceed
ings and the executive part in pronounc-
ing the result, that the court has no juris-
diction to inquire whether the proceed
ings were according to the constitution or
not. 1t is manifest that If this be true,
constitution can be forced upon the peo
pie, the adoption of which has never been
submitted to the qualified voters at all,
If the Governor declares it adopted, al
though it were patent fact that the cleo
ton were so held that only those who
were in favor of the amendment were per-
mitted to vote, there can be no redress.
Further, the legislature may, by general
law, prevent the reception of the ballots OF
classes of those qualified to vote under the
constitution, and the constitution will then
be altered, not by the qualified voters as
provided in the constitution, but by such
persons as the legislature permits to vote
thereon, and none of these questions can
be inquired into because the legislature
and Governor are used as instruments to
carry out the constitutional provision. In
other words, the decision involves this pro-
position that because the legislature and
the Governor are given authority to do GER
tain things in manner provided IN the
constitution, they may do them in direct
conflict with the provisions and restraints
of the constitution itself, and no injury
can be made because it is declared that
the whole matter has been committed to
the Governor and the legislature
1t is further claimed in the opinion that
who are the qualified voters is solely for
the judgment of the legislature and the
Governor, and this Is in the face of the un-
disputed proposition that the legislature
and the Governor have no power to modify
the meaning of qualified electors as used
in the constitution, and any registry law
which attempts TO do so is absolutely void
So, alsn. as 10 the presumption that bal
lots rejected were properly rejected, al
though the constitution requires afirma-
lively, before the Governor can act, that it
should be ascertained that the amend
ment had received a majority of quail
fed voters. The constitution requires
majority of them. The returns show
there was not majority, and yet the pre-
sumption of law is held to be that those
votes of qualified electors received but not
counted were promptly rejected, and the
voters excluded from the poll lists on
which their names had been entered.
The points raised will undoubtedly pro-
vide opportunity for great argument
before the Court of Errors.
True American.