The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-13
Attempt to Stop Laws Like
Compensation Arouses
Wickersham.
JUDGE CLEARWATER IN
4 RINGING
State Going Over to Social
ism. Defenders Of Amend
ment Say.

rs,es 20 the Constitutional Convention
Ara, the nocks OF immigrants from south
ern Europe and Asia through their votes
.yuld probably control the Legislature
,uAty years hence and demand legis-
aton like the minimum wage. widows
~pens,on. old age pensions n pensions
for the physically disabled. Judge
Alphonso T.. Clearwater of Kingston de-
clared tonight that such a tide could be
rsmmcd only by a constitutional pro-
vision prohibiting the Legislature from
passing such laws.
Judge Clearwater was discussing the
amendment favored by William Barnes,
which was reported by the committee on
legislative powers. providing that the
Iestslature should he prohibited from
nae.Ing any such social Justice legisla-
ton, bu, that all such propositions
ahould be determined by a vote OF the
people directly.
President Jacob Gould schurman OF
Cornell University said he never ex-
pected to md william Barnes. the
champion Of representative government.
advocating a proposal to substitute for
lerelation by the peoples representa-
tics. legislation by means OF the referen-
dunn.
Barnes'a StronE Fight.
En- At,orney-Generaf Wickersham.
Herber, Parsons. Senator Wagner. As
semblyman Smith and President Schur-
man led the opposition to the Barnes
proposal. which at the outset they sup
posed would be disposed OF with little
emony But Mr.. Barnes made a
carefully prepared speech advocating
the proposition. and he was backed up
strongly by Judge Clearwater. whose
attitude on the question nearly swept
the convention of its feet.
Instead OF the amendment being dis
posed os IN one session II was discussed
all the afternoon and evening. when II
became necessary for the Committee on
Rules to bring In a special rule permit
ting the question to be discussed at next
Monday nights session. the vote to be
taken at the close OF that session.
Mr.. Barnes's proposal Is to submit
separately to a vote OF the people next
November an amendment to the State
Constitution prob biting the Legislature
from passing any bill granting hereafter
TO any class Of individuals any privi-
lege OF immunity not granted equally 10
oil members Of the State.
Mr.. Barnes In advocating his amend
ment says:
N the voters should adopt this
amendment those who now crowd these
legislative halls demanding privilege
for :heir clients will come here In direct
violation of the mandate Of the people.
II the voters Of this State should by dis
approving this amendment establish
privilege as a principle every group OF
people will be justly entitled to call
upon the Legislature to pass whatever
they demand.
Blow TO the state.
"rhe state OF New York. in that
event. because of its cowardice. Will
become 10 longer an institution expen-
siyely established to protect the prop
erty. health. safety and lives OF all the
members OF the state. but the means
through which each separate collection
Of individuals within its confines may
secure such privilege as in its
The Legislature fears not to grant.
Therefore. I ask this convention to
pass this amendment. believing that the
voters themselves. who have no fear
will by their votes notify the Legislature
that no privilege hereafter shall be
granted to any class Of individuals not
granted equally to all members OF the
State.
II do not impugn the motives of those
controlled by love of humanity who
desire the material welfare of every m
but mistakenly aim to involve the STATE
IN their philanthropy. II is a natura
instinct in all. What an individual
may do, however, is not a criterion FOL
state. The benevolent state nevitabl,
breeds not men and women, but de
pchdents.
People Must Take BIame.
"lf, however, the people after de
liberation desire to abandon the idea
Of equality and establish in its place
state that is all and all. they an'
they alone should take that RESPONSE
b.lity.
"Iht apology In frequently made tha
under the conditions 81 life to-day
owing TO the progress OF science and in
Nention, privilege must he granted 4
certain classes Of individuals. becaus'
Individual opportunity has been. by tn
force Of changed industrial conditions
automatically destroyed.
The argument, however, does no
apply IN this case. even II II is valid
To provide for the health. safety AM
lNes-in other words what Is calle'
common welfare'-of all the o
The state liz not the same In principl
as to grant privilege to a class Of in
dtviduals. The extent to which tn
former policy should be carried is opel
g. discussion.
Tia, laws Of a century ago will no
meet the conditions OF the present hou
IN America IL denied by no one, TIL
advancing of the proposal that change'
Industrial conditions have destroyed In
d'vidual respt visibility is an absurdity
Tn" line IN crossed when regulativ
legislation takes the form Of b%enev olenc
or privilege. When the citizen Is laugh
that the State. AS such. owes him some
hlng the evil is done.
Ideal Of Equality.
NJ proposal is an endea vor to plac
" 'hs state Constitution a clear ex
preston, now lacking. OF the ideal G
equality. In the aspiration to achiev
This IDEAL the American republic wa
horn, Privilege IL the anufthesis Z
equality. Privilege IL private law.
~ Is therefore something granted I
rom" that is withheld from others. I'm
nlntty is an excus from penalty, an
Consequently It Is also unequal. There
fore II must follow that II we acceI
equality AZ the ideal we desire to attai
'he State Constitution should he ainende
10 contaln a prohibition upon the LeRis
sture tn grant privilege or immunity.
The enactment OF state socialist