New-York tribune., 1918-03-19

people. yet the theory of government
would apply to the present case
ut is interesting to note that this
plan, plainly subterfuge, has been
proposed once before in the history
of this state in its Legislature. This
is not new idea. 1t originated with
the so-called Tweed minority in the
minority in the Senate, not conspicu-
Gus for loyalty to the Federal govern
ment or to the interests of the state
endeavored to beat the fifteenth amend
ment TO the Constitution. the amend
ment which provided that the right to
vote should not be denied on account
of race, color or previous condition of
servitude.
"The Assembly had ratified the
amendment; the resolution to submit
to the people was introduced in the
Senate for the acknowledged purpose
of defeating this historic measure
Tweed was able to rally fifteen of the
thirty-two Senators to it's support. The
resolution was beaten on vote Of II
to Is, the same fifteen Senators irme-
dlatcly afterWard voting against the
ratification of the famous amendment
"From then until to-day no member
of the Legislature of New York, so far
as l have been able to learn, has pre-
sumed to suggest by resolution offered
in that body that it's members were
unable or unwilling to perform the
duties imposed upon them by the oath
of office and by the Constitution of the
United States of America
The Only Precedent
"Thc only precedent for the contcm-
plated action of the present Legislature
is the one which l have Indicated
"The plan conceived by Tweed and
his followers was intended to prevent
the enfrancnisemcnt Of the emancipated
negro. It was defeated nearly fifty
years ago by the intelligent and law
abiding majority Of the Senators Of the
State Of New York
1T is 'nconceivablc to me that the
method devised by William NJ. Tweed
to defeat the provisions of the Consti-
tuition OF the United States, or at least
for the purpose Of avoiding the per-
formance of a plain duty imposed by
that instrument, should be adopted to-
day by the Legislature of New York for
the same purpose.
~ urge upon the members of your
honorable body to consider the sacred
nature OF the oath which every one of
you has taken, and the provisions of
the Federal Constitution, which YOU
have sworn to support.
"(Signed)
"CHARLES S. WHITMAN"
The effect OF the Governors message
will be reflected in the Assembly's vote
tomorrow on the amended Hll-Mc-
Nab resolution. The vets declared
that it will have no effect; that it came
too late. The drys are hopeful.
May Result in Extra Session
One effect that the message may have
is an extra session. Some of the anti
Whitman leaders tonight talked Of
passing the referendum Immediately, SO
as to give the Governor chance ia
veto it, and then trying to pass it over
his veto. 1t is doubtful If this could
be done. 1t is impossible to say with
any degree Of positivcncss what the
Assembly Will do tomorrow, although
it is probable it will stand by its action
OF last week. Should this happen, the
Senate, If it follows the plans Of its
leaders as agreed on last week, will
wait until the closing hours of the
Legislature to take similar action, SO
that when the referendum goes before
the Governor the Legislature will have
adjourned sine die
OiiN ~ VIZ VI y IcduCIS tonight SAID
that in such contingency the drys
would ask the Governor to call an ex-
ira session Of the Legislature after he
vetoed the bill and try to force it to
ratify the proposed Federal amend
rncnt.
"And believe we could stir up
enough sentiment in the meantime to
swing the vets of the rural districts
to our side" said the dry leader.
After the message was read Speaker
Sweet said to the Assembly:
"On the floor OF this House last
Tuesday called attention to our plain
and only duty in connection with the
ratification Of the Federal amendment
as one favoring it and voted for immc-
date ratification. knew then that q
message from the Governor was urged
on that day and that n message at
that time was refused
Il regret that the message has come
10 US so late. IT seems to me that the
message at time like this savors of
locking. the barn after the horse is
stolen" -
Mr. Tuckerman was then recognized
He said: 3 '''"S0
Il resent tho act Of the Governor in
scnding such message and feel tbnt
he has exceeded his power. do not
deem it within his power to dictutc
take this occasion to have nIncod ,n
the record of the state that tho Cov'
ernor has exceeded his nowcr."
"Thc Governor" rcplied Sno.Lor
Sweet, "hns the right at anv tina r.
SEND n message to the Legislature II
"