The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-06-18
This paper is Democrats sia principles
and is indspsndent in its vie,cs on all local
Questions.
The "Race Track Amendment" De-
cision.


s.The News yesterday printed substan-
tally the full text of the opinion rendered
BY the supreme Court Branch in the Com
stitutionai amendment controversy. 1t is
a most lamentable document-lamentabie
In its unreason. lamentable in its sub
serviency to popular clamor- .lamentabie
above all in its logical consequences Out
OF the narrowest and most trivial con-
siderations of public policy and through
which are simply fatuous, the
Judgment rendered strikes a blow at the
very structure of the State government.
The position assumed is based upon an
absolute absurdity. 1t was first suggested
by Judge Van Syckel, and no doubt he IS
responsible for 1t, as he Is for other
travesties of law which are to be found
in the Supreme Court reports. Judge
Depue has apparently taken up the idea
OF his colleague, as affording him a means
of gratifying his puritanical instincts.
even at the sacrifice of his intellectual
promptings.
Such reasoning as the opinion is stuffed
out with makes all constitutional pro-
visions vaiueless and makes our gov
rnmen absolutely arbitrary. The propo-
Eftion is, that because the constitu-
ton provides for its amendment in a car-
tain way and makes the Legislature take
a part in the proceedings and the Execu-
tive a part in pronouncing the result
the Court has no jurisdiction to inquire
whether the proceedings were according
to the constitution or not. 1t is NANTES
that if this be true, a constitution can be
forced upon the people, the adoption Of
which has never been submitted to the
qualified voters at all. If the Governor
declares it adopted, although it were a
patent fact that the election was so held
tina only those who were in favor of the
amendment were permitted TO vote, there
can be no redress. This is simply revo-
luton.
It is the destruction of the constitution
by the fiat of the Governor.
Further the Legislature rnay, 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 permit
to vote thereon, and none of these oues-
lions can be inquired into because the
Legislature and the Governor are used as
nstrumen to carry on. the constitu-
cision involves this paradox: That because
the Legislature and the Governor are CIV
en- authority to do certain things in a
manner provided in the constitution, they
may do them in direct conflict with the
provisions and restraints of the constitu-
ton itself. and no inquiry can be made, be-
cause it is declared that the whole matter
has been committed to the Governor and
the Legislature.
It is further claimed that who the quail
fed voters are is solely for the judgment
of the Legislature and the Governor, and
this in face of the undisputed PROPOSE
ton that the Legislature and the Cover
nor have no power to modify the mean
ing Of scualifed electors as used in the
constitution. and any registry law which
attempts to do so is absolutely void.
The doctrine of the opinion is the de-
strnction of constitutional government.
and when properly understood will be re-
pudiated by the courts and the patriotic
sentiment Of the people.