New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-03-27
CAYNOR SAYS REVISE It
Gets In a SWORD EdgeWiSe' Of
the u, S, Constitution.
FAVoRs JUDICIAL RECALL
Says Recall Of Decision Is Effect
ed Now by Adopting Consti-
tutional Amendments.

II among all the people who are now
candidates for President, and what not
telling what to do with the Constitution
OF the United States, II they allow me TO
get IN word edgewise tonight with my
broken voice, would say the frst amend
| ment 70 the Constitution is to put pro-
vision In IT that the Constitution be revised
every ten years, or twenty. II they want
TO make II So and then they will have a
chance 10 keep up with the times IN the
revision OF the Constitution OF the United
| States"
! Mayor Gsynor advanced this proposition
! last night IN the course Of q long speech
J on law and order. which he made before
the Aldine Club. The Mayor took issue
| with A report of his speech before the Ef-
| fciency Cmb in which he was described as
! having spoken for the recall OF judges,
! and said
/ Il did not say 50 much as a syllable on
| the subject Of the recall of judges / have
! nothing 70 say on this topic. I will leave
! that to g. distinguished individual who Is
making that propaganda in our midst now.
although ] may say It doesn't frighten me
a bit"
And turning to Job Hedges. who was
| POSTMASTER, the Mayor added:
| Job Hedges will agree with me that
there are some judges hereabOut that might
| well be recalled. In fact. 1t would be the
best thing we could do to recall them. The
| recall doesn't alarm me at all, even applied
to the judges. Here in the East our terms
of Office are so short that there is scarcely
a necessity for the recall. But the terms
Of the judges are so extremely long-four-
teen years-that If anybody is to be re-
called, ! do not know why they should be
excluded, do your"
! Mayor Gaynor then concentrated his at
| tcntion on the recall of judicial decisions,
! about which he had spoken at the dinner
| of the Efficiency Club. lie cited a number
of decisions by the Court OF Appeals OF this
! State and the Supreme Court of the United
| States, which had set aside legislation d.
rected toward tho improvement Of health
conditions among laboring classes on the
ground OF unconstitutionality, and said, in
summing up;
our distinguished citizen says that all de-
cisions like that ought TO be recalled. SO
say |. too. The only difference is that this
distinguished citizen thought he invented
as old as the hills. When the decisions
OF the courts have become obnoxious TO
the intelligent judgment OF the community,
the community passes statute or con-
StitutiOnal amendment overruling that ne
cson and making the law different. That
We have always been doing.
Dear me. Some newspapers held their
bands IN in horror over this thing Of re-
calling decisions Why in 1905, by a con-
stitutiOnal amendment in this state, we re-
called four judicial decisions or the Court
of Appeals Of this state. You VIII rememc
Der the law that the prevailing rate or
| u should be paid to meCld mes on fll-
nicipal works, whether they were working
under a contractor or for the city. ANA
also regulating their hours of labor.
That went through four decisions in diff
ferent phases, and was knocked down every
| every time, and so eNasperated were tue
people of this state that IN lyo, DN con-
sttutiond amendment, they swept those
decisions off their feet and enacted that
the prevailing rate Of wages should De pau
and prescribing the number or hours work
men should work, ten hours, INNS on
such works Those were recalled. Not in
any fury or brainstorm OF excitement as
these learned editors would say sucn
the way YOU and ! act when we have got
something 10 do because they act good
deal that way themselves IT,. :. l.,
| Rut we do not do it, We go about II IN
q coolheaded and orderly manner. And We
get the constitutional amendment ready,
and in A couple Of years When everybody
is cool II IS submitted TO vote OF the PEG.
! ME Of the state, and they declare IS, ,
| that those four decisions shall be wiped
o ont and that the law shall be As our
Legislature said it should be, and as they
"S And th t Sc other decisions J have men
! toned ought to be recalled In the same
! way. and they will be, marx my "oros
they will be That IS the recall OF u
cisions Orderly procedure done from tue
beginning.
The Navor then spoke about the provision
or tbc states constitution that consu'u-
hl
twenty wears. and said that when the next
convention takes place. in 1914 " VIII see
some judicial decisions recalled IN thdt ne"
constitution. Meanwhile the recall OF &C.
cisions goes on in the way pointed on; DIV
him. he added. and 1t isn't done IN not
blood At all: II Is done in the cool caicu-
lating blood OF American citizens
There was some pleasant repartee Garner
In the evening. Job Hedges said, miro
d,,inc Mr. Gaynor, that he enjoyed hear
ing the Mayor because there was no topic
If human knowledge on which the MdSo'
hadn't an opinion, and he announced 1t be-
fore taking a census as to how many agreed
with him ,,.-,
81 would no, mind II Job Hedges talked
all night" said the Mayor in response
orrs'a complete mental rest to hear him
talk"
The Mayor had much praise for the ponce
and declared that Commissioners Wsluo
was the best head the Police Department
ever had. lie pointed 10 the decrease III
arrests for petty offences, 10 the stop put
- graft from saloons gambling houses and
other resorts and said that conditions were
irdnttslv better than they were ~ the pc
ginning NJ his administration.
Other speakers we're William J. Burns
rho detective. and Police commissioner
! Waldo