The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-09-02
AMENDMENTS ARE
RAPED BY KENNY
Former Mayor OF East Newark
Arraigns Their C0nsti-
tutionality.

former mayor of East Newark, author
of the original amendments to the Con-
stitution for which the present Fort
Hudson a~ssemblyman arraigns these
compromises. declaring hat at least
two of them are unconstitutional. He
says:
The first thought that strikes one on
examining the proposed amendments to
the constitution is that the third and fifth
proposed amendments are ~unconstitu-
tional.
1t is provided in the judiciary amend
ment that This amendment shall take
effect ON the first Monday in February,
in the year following it's adoption by the
people, In the legislative and other
amendments 1t Is provided that These
amendments, If adopted, shall take effect
and go into operation on FEBRUARY /, 1910.
Article TX of the Constitution, in respect
to amendments, says. And IL the people
at a special election to be held for that
purpose only shall approve and certify
such amendments, or any of them, = by a
majority of the electors qualified TO vote
for member of the Legislature voting
thereon. such amendment or amendments
so approved and certified shall become
part of the Constitution"
This means that the amendment shall
go into effectT"shall become part of the
CONSTITUTION when approved and rati-
1t is clear that the Constitution is pro.
posed to be violated In the proposed
amendments, and unless the classic utter
ance of Congressman Campbell to Presi-
dent Cleveland Is to be followed instead
of the mandate of the Constitution, the
amendments must be declared to be un-
constitutional.
Unconstitutional Arrangement.
Further, 1t is provided in Article TX Of
I tho Con milan that the rnnneai n f,at,J
ments Shall be submitted in such manner
and form that the people may vote for OF
against, each amendment separately and
distinctly" The proposed amendments are
not submitted in such manner and form
that the people may vote for or against
each. amendment separately and dis.
tinctly," but are unnecessarily buncheo
together in such a way as to prevent the
people voting for or against them ''sepa.
rately and distinctly
Further. it is provided in Article TX Of
the Constitution that the proposed amend
ments shall be published in certain news
papers after being agreed to by the first
Legislature to which the proposed amend
ments are submitted. | have before mt
the official ballot of the amendments tc
be voted on September IA, and that ballor
does not correspond with the publication
in the ewSpape in 1908.
We are told that the proposed judicia
system is the outcome of great thought Of
eminent men and is the perfection Of
human effort in that direction. The mer
"Afo ott'iih oBoiigoio u tIt5t
are eminent In the legal profession, bu
that the outcome of the deliberations o
those eminent men Is the best that ear
be devised may well be doubted One O.
those sponsors. and one of the most ACTIVE
advocates of those amendments Judg,
Van Syckle. feels doubtful. for he says
IF at the expiration Of that time [iv,
years n better system shall be desired
of IT,"
Thus. Judge Van SICKLE, one of the mel
WIN Tr1man tho nrnnnQp1 uTnan1r,nnt
throws doubt on the proposed system an
acknowledges that a better system ma!
be had If there is a better system t
be had, and Judge Van Syckle evidentl.
thinks there is. We had better wait fiv'
years more for the better system.
Defects in Judiciary Amendments.
There is another thing about thos
judiciary amendments tnat ,eem Yer.
queer. 1t is now provided that no mer
attorney can appear before the Suprem
Court or the Court Of Chancery. that n
nttorney-at-law can become a master /
ehancery, thai no person can be appointe
a special master unless he has been
cou11sellOr-at-law for ten Years Cor NOR
than thirteen years utter he has bee
admitted as an attorney but the pro
justice, the presiding justice, the chan
eellor and the justices Of the Suprem
Court need only be attorneys. for te
only be attorneys for five years. Thus W
find the anomaly of judges presiding i
the courts where LAWYERS, equally qua
fled. are not permitted to. practise.
The most serious objection to the pro
posed judiciary amendments is that the
propose to- to give the judges leglslatiy
into three distinct dep~artments-the eX
e%cutiVe. the judicial and the Legislative
1t Is wise to keep the three department
separate and distinct The judiclar
should be kept strictly to its origino
function-the settlement of disputes an
The Interpretation of law. TO give tn
courts legislative powers, as the propose
amendments propose to do. is a violation
of Fundamental principles of our govern
ment, is shocking. 10 the American lde
Of government aud is entirely indefensibl
believe that the people are not fit t
govern themselves.
ought TO be beaten.
Against Term increases.
As to the legislative amendments 9TH
1fth) | think they ought 10 he beaten.
'rhese amendments propose a two-yea
terui for the Assemblymen, a four-yea
for the Governor, a six-year term fo
County Clerks. a six-year term for SUI
rogate. a six-year term for county re2istci
n Il four-year term for Sheriffs. and t
extend the terms of the Senators electe
in 1908.
The new American idea is to bring tn
officials as near as possible to the peopll
able to the people. An official compelle
to seek the Endorsement of the people a
frequent intervals will serve the people bet
ter tllan one who knows he is safe fror
accountability to the people for a Ion
period The people have had for years
bitter experience with the Senate. th
members of which are elected Tor tire
years, and who are elected to represent nc
the people Of the State. but mostly sna.
appropriated districts that are not inaptl
termed rotten horoughs." There can b
no adequate representation and no prope
legislation for the people of the State INT
the senate is made representative Of tn
people. To make the terms of the Senator
four years is in the light Of the past his
tory of the Senate, a proposition ffaugi
with danger to the people of the State. an
il should be defeated.
bcl.eve, want to have the AssemblNme
elected by districts. An amendment 70
thai purpose was proposed in and p1ssel
by the Legislature of 1897. The ~l.egisla
ture OF 1905, however. changed that propo
sit ION and coupled With it the proposed two
year term. 'fh majority in the I.egisla
ture in 1898, and in 1913. refused to separlt
the propositions, and they are before tn
people together, to he carried or defeate
together. | believe that the people wi
have better representatives and will develo
better men by the district system. but
firmly believe that the closer officials ar
kept to the people. and the oftener the
have to account to the people. the bette
will 1t be for the people: and this apple
not only to Assplnblymen. but also to tn
Senators. to County Clerks. to Count,
Registers. to Sheriffs and to the Governor
I think. therefore. that the proposed con
stitutional amendments should be defeated