New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-03-13
CANAL AND CONSTITUTION.

Attorney General Mayer takes right view VI
his duty when he declines to use the La" re
partment of the State as an lnstruhieL ~
feating the will of the people Oh tle So -
the canal should be improved W hH'e' = -.
he the technical objections 10 lhe at
which the barge canal is TO be pull'' 81
be no doubt that the public authorities al -,
obligations to proceed diligently anu III So -.
faith 10 execute the law and TO defend IL against
attaa,, AZ Mr. Mayer points out, only ex-
traordinary circumstances can properly pace
tha Attorney General In position OF ahtaso-
nism To other State officers and make hlii' III
stead of being their adviser and asslstal'' the
leader of a movement to restrain thelh III tle
performance of the duties imposed upon tneli'
by law. Especially would such course pe ui'-
justified when the Attorney General peileFeS' aS
Mr.. Mayer after careful study does, that tie
law is in conformity with the spirit ana letler
of the constitution.
The notion that the improvement plan Is III
violation of the constitutional prohibition against
abandonment of the existing waterways, De-
cause it changes the canal route IN certain
nIsces has always seemed to us ridiculous Inc
obvious purpose of the constitution was not 10
make every canal bank and towpath unalter-
able but to prevent alienation or destruction
of the means of transit which the canals pro-
vided What it was concerned with was not
the actual land and water not the elements anu
narts of a canal, but the canal itself as an IN
st,umen+ of commerce According to the OBJ
iectors. If a river flood carried away the land
upon which the canal ran it would not be per-
missible 70 rebuild the canal for a mile or so
further back on the hillside to suit the changed
configuration, but by some miracle OF engineer
ing it would have TO be restored on the Old SITE
The changes of route proposed are based ON the
engineering necessities for an enlarged canal
They are analogous to the Strengthening out OF
railroad curves and the substitution of tunnels
for steep grades over mountain passes. 1hey
are required by modern traffic conditions, and
certainly the makers of the constitution never
meant to block progress and render the canals
useless Their aim was to preserve the canals,
not as to incidentalS, but as to essentials Inc
Attorney General shows that hitherto long
stretches of the canals as once existing have
been abandoned for alternative routes New
lines varying eight hundred feet to mile from
the original prism, and extending as far as
thirty miles, have been built to avoid villages,
to secure better water supply and for other prac-
teal reasons, and the consdtuhonality or such
changes has not been disputed
While the opponents of canal Improvement
seem to be driven to rather petty TECHNICAL
ties in their effort to defeat the will of the peo
pie expressed with such overwhelming empha-
sis it is unquestionably desirable that the con-
stitutionality of the law be speedily determined.
1t will not do to have large sums of money spent
while doubt remains. On the other hand, I'M
necessary delay must not be permitted in the
progress Of the work. The Attorney General
points out that the proceedings soon to be taken
to acquire lands for the enlarged canal give OPP
portunity for a test. The opposition should GER
tainly act on this suggestion. The case may
thus be carried up before any considerable work
is done and while fhe detailed engineering DlanS
are being made which be carried out only
after the land is acquired. The courts might be
expected to avoid a decision on any side issue
and, recognizing the proceeding as a test case
by the desire of both Sides go to the heart of
the matter.