The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-02
CITY LOSES FIGHT
ON UPSTATE RULE
The Constitutional Convention
Kills Equal Representation
by 80 to 36.
DEMOCRATS FAVOR IT
Prominent New Workers Plead
for observation-disclosures
Of Revolt.
DEMOCRATS FAVOR IT

vi lttNObts
ALBANY. July Equal representa-
ton for New York In the State Legisla-
ture was beaten tonight In the consti-
tutional convention by n vote OF 80 to
%. All the Republicans with the ex-
ception OF II. T.. Weber Of Brooklyn
voted to kill the amendment of Morgan
J O'Bricn cutting out of the Constitu-
tion the clauses which restrict the New
York representation. All the Democrats
except ANDREW Mclean OF Brooklyn
n Charles Schoenhut Of Buffalo voted
TO support the O'Brien amendment.
Mr.. Mclean, a Democratic editor. was
the only Democrat to break into the
bitter debate and take a stand against
the attitude of his colleagues from
Greater New York. He insisted that
there was no necessity of taking n
partisan attitude on such a question and
sought to have the amendment sent
back to committee for reconsideration.
1t was In spite of biting attacks on
the unfairness and injustice of the re-
strictions on New York that the Repub-
Leans threw their weight to the sup
port of the existing provisions OF the
Constitution which shut OF New YORK
city from electing more than one-half OF
the State Senators from any two OF
the counties within the city. no matter
II these counties have a preponderance
of population.
"The Crime Of 1904"
Delaney Nicoll labelled the insertion
of the clause In 1894 "the crime or
1s9t" and declared It "An afront to
our intelligence and an offence to all
your notions Of liberty"
When Senator Edgar r. Bracket of
Saratoga. in defending the provisions of
the Constitution limiting the New York
delegation In the Legislature. declared
thai "the ability to crowd human beings
into tenements shall not be the fnal test
OF representation in the Legislature.
Alfred T.. Smith Of New York caused
n storm of applause by replying:
How can the Senator from Saratoga
make the argument that the man in
the is not the equal Of the
man on the ARM"
Mr.. Smith insisted that the ~restric-
ton was written into the constitution
by the Republicans for political pur-
loses. tending to keep down the Demo-
cratic delegations in the Legislature.
ana he Stlu new IoTh WauNs Ahi' y
out because Now York city needs some
protection from the upstate districts"
IAN the city asks is the fair share
of representation Its population entities
II to-" declared Mr.. Smith.
William Barnes took occasion to ex-
plain his vote on the roll call.
"You from New York claim this re-
striction is a violation Of your rights
Of your civil rights said Mr.. Barnes.
Holding as I do that suffrage is not a
right but a privilege. this restriction
can't be a violation and the principle
Of territorial representation must be
recognized in appointments as well as
the principle Of population"
DooIing Has His say.
John T. Dooling OF New York took
longer in explaining his vote than Ma
jority Leader George w. Wickersham
though they tried to shut him off by
raising a point of order that he was per-
mitted to make only an explanation and
not a speech. President Root ruled that
Mr.. Dooling might proceed and then Mr..
Dooling attacked Mr.. Wickersham for
trying to gag a member OF the minority
for protesting against oppression
Senate Foley of New York declared
that a great demand for the initiative
and referendum would be made in this
State tust as soon as the people found
that the majority OF the people were
not being fully represented in the Legis-
lature.
Alfred ]. Baldwin OF New York
opened the debate on New York repre-
sentation when the convention convened
this morning. He was followed by Will
Il lam N. Dyknan and Nathan Burkan.
elkA demanded full recognition In the
U, esi:lature for New York majority of
President InCnh Could Schnrtpan If
Cornell. for the Republicans, said that
the representation now was based on
citizen population and he read from the
constitutions Of other States TO show
that they. too. contain provisions to
prevent any one section of the State
from dominating the Legislature.
For every city home rule: for no
city State rule" declared Mr.. Schurman
and the convention a~pplauded.
Attacks Tammany Men.
Mr.. McLean surprised every one by
announcing his attitude on the question
and attacking the Tammany men who
stood for majority representation for
New York.
''while the basic belief Of the Demo-
Gratis is that the majority must rule.
even the greatest of our Democratic
statesmen had recognized that there can
be conditions calling for a modification
of this rule declared Mr.. Mclean. I'VE
nave such an instance right here in this
State Department controversy"
Mr.. Mclean said he agreed with Seth
Low and Mr.. Schurman that the conven-
t'on should study the situation and do
something to rid New York city of the
ceiling that it is being Disseminated
against.
Herbert Parsons cited figures to show
that on the basis Of citizen population
New York now has more than It's share
Of representation in the Senate. ON ac-
curate figuring the city should have 81. 3
Senators. Mr.. Parsons said. while in
reality It has twenty-five representatives
in the Senate
Senator Bracket said the Republicans
were saving the New York men from
themselves, as the worst harm that could
befall the State would be. to have it's
control rest In "A single locality. He gave
figures that show that the vote in many
upstate Senate districts greatly ex-
ceeded the vote in New York districts,
especially the districts of Senator Wag-
ner and Senator Foley.
BiOw to Liberty.
Summing up for the Democrats Mr.
A...ou la.la r.I tha limitation f, NJ.