The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-10-28
THE NEW CONSTITUTION.
Judge Cuilen's Answer 10 the citizens
Unions Questions.


In answer to the communication of your
secretary asking for my views on some
Important questions tsubJects?l that viii
come before the constitutional convention
In 1915" have first TO say that l find
considerable embarrassment In replying
to your questions because some OF the
Inquiries are 80 indefinite as not to indi-
cate the exact point on which you wish
me IN write. However, will answer as
far as I understand them. Referring to
your list:
/. That there he no gsrrymander or redis.
trloting OF the state for partisan purposes.
| am entirely clear that there should
be no such action But can think of no
better means than that provision of the
present Constitution which prescribes ex-
acuy how legislative spportionment
shall be made That rule has proved suf-
| ficient to annul an apportionment Of Sena-
torial districts In 1901 made by the l.egis-
lature for partisan purposes as well as
several apportionments OF Assembly dis
triots made for like reason.
To go beyond the present constitutional
scheme and allow the courts TO pass on
the motives OF legislators or supervisors
In making apportionments when they keep
within the constitutional limits would he
In reality entrusting to the courts the duty
OF making the appointments Possibly
for short time there might be by such
u plan fairer division Of State aud couu-
ties, but II would surely end In debauch-
lnS the courts by turning them into po-
litical machines.
. The short ballot for state and county
officers.
The size OF the ballot must necessarily
depend on the number of officers TO be
elected, 80 the real inquiry should be
what officers ought to be elected in State
and county, As to state officers, OF course.
the Governor and Lieutenant Governor
must be chosen by election. am at
present inclined TO the opinion that the
Comptroller Of the State should also be
| elected. though as to that | have not
reached u definite conclusion. The other
officers, ] think, should be appointed by
the Governor upon confirmation by the
Senate.
II does not occur to me how the county
ballot can be shortened The county OIL
GERS are Treasurer. Sheriff, District At
toruey Superintendent OF the Poor, County
Judge and in some counties Coroners. The
organization of county I'm this State IL
entirely different from that of other
municipalities. Indeed. 1t is only n NUM-
cIpality IN very limited sense being in
! reality mere political subdivision Of the
state. II has no executive head as has
a city. County officers are not agents OF
the county. II would be unreasonable
| to Civ" the Sheriff the appointment Of the
| County Treasurer or tho District Attor-
| ney, and equally 20 to give either the
Treasurer or District Attorney the power
OF appointing the other officers
| To carry out the idea suggested IN
your question would require radical
| change In the structure Of county govern
| ment which has obtained ia this state
since nearly century ago when by the
| Constitution Of 1892 the power of appoint
ment OF county officers was taken away
from the central government In Albany
! The rural population in this State would
never tolerate such innovation in the form
OF the local government.
IL may be suggested that tho Board
| or SUPERVISORS IL an approximation to al
| executive head OF a county, but ita WORK
Is principally legislative. Its members
are not elected from the county at large
but separately by their respective towns
One of its principal functions is to watcf
over expenditures OF county officers. II
would certainly be unwise to bestow OF
/ that board the power Of selecting tn,
county officers. a board that IL required
! by law to meet only once year. and IL
most counties the board holds but thai
single meeting.
3. Tho selection OF election ofncers In
| spsctors poll and ballot clerksD on q non
partisan basis as the result OF civil servc,
| examinations.
am opposed to such a provision. tn,
present Constitution requires that al
election boards Oinspectors, registrars
poll clerks, &c) shall be bipartisan. tina
Is to say in their personnel equally di
| vided between the two great politica
/ parties. In my Judgment this Is "A mucl
I greater safeguard in securing All homes
election and an honest count than am
other scheme that may he devised TesteC
by civil service examinations the success
full candidates might be all OF one party
II may be said that they should he chosel
| equally from the two parties, That, how
ever, would be a bipartisan selection no
what the question indicates, a non part
, san selection.
There Is this further objection TO ap
plying civil service examinations TO sucl
boards. There are 5000 election district
In this State Four inspectors and fou
poll clerks To each district would max
tho number OF officers In the State 10000
To hold examinations for such a numbe
| OF officers prior to election would be i'm
practicable. and II practicable would in
vulve the State In great expense, thus In
creasing largely the cost OF the presen
eXtravagant method OF holding election
by which our taxpayers are oppressed. !
IL be suggested that the persons selected
might hold the offices permanently, instead
| OF for IA year as In now the law, 1t Is SUI
ntltnt 10 say lnt' utdln una Inv ullkft
tory habits OF our people would annual!
make very large number OF vacancie
which would have to be filed by new eN
aminations.
4 4 mandatory provision for the non
partisan election OF municipal offcerr.
| am at q loss 10 comprehend what yo'
mean by this question, Certainly yo'
cannot think OF interfering with tn
rights OF the electors to vote for mu
| nlcipal or other officers on partisan o
any other grounds except criminal. sue
as fraud. that they deem 1T.
6. Judiciary; Ua) The appointment .
Judges: tb) mandatory provision for Ia
non-partisan election OF Judges. n they az
| to remain elective.
am In favor OF the election nf on
Judges. That scheme of choosing then
has on the whole given us a satisfactor
body, and II has many times enabled IN
electors In the several judicial district
OF this State to defeat tho election Of i'm
proper candidates who. II Judges wor
selected by any other method. might hav
secured appointment.
1t may be said, and truly said, that tn
Judges of the Supreme Court designate
| by the Governor TO sit as additional
Judges OF the Court OF Appeals have bee
OF high order, Hut II must be remem
bcred that In the choice OF such officer
the Executive is not unlimited but is con
fined 90 selection from the Judges of Ia
supreme Court who have been chose