Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-12-16
SCHAFFEREvAS|VE,
DECLARES DRANNAN
Terms Replies to Ills Criticism of
Creation Of Constitution Body
as Beating About Bush"
BACKS lLLEGALITY CHARGE

Merely beating about the bu'h.
Robert Brannan, former assistant city
solicitor, today termed the replies made
BY Attorney General Schaffcr and others
to his article, irresponsible Messing
With the Constitution. published IN
the EVENING PUBLIC LEDoER y'ater
day.
My position is that the nction of the
last Legislature in going beyond its
own membership in creating u commits
sion to examine or recommend any
changes il might consider necessary eX
ceeded its constitutional powers, said
Mr.. Brannan today.
.'rhprc is no precedent for the action
taken. II the Leg slutur" deemed
changes necessary the constitution itself
opens two courses. One il the drafting
OF amendments by the Legislature itself
and then submitting them to the people
after two successive Legislatures have
approved them. The second method is
submission by the Legislature to the
people whether or not they desire con T.
vention called. and this is voted upon
affrmatively the Legislature at its next
session provides for the election OF dele
gates, fixes the time, place and other
arrangements. These means have al
ways served as prCcedents aud my con
tention is the Legislature should not
have gone outside its own body by
naming any commission OF citizens. II
exceeded its powers by appropriating
the taxpayers money to pay expenses oi
any body not expressly authorized by
our constitution for such a purpose.
SprouI Makes Situation Plain
Governor Sproul made it plain today
that it would be the Legislature that
would deal with the report that the
constitutional revision commission Is
expected to make. and that no change
to the organic law could be made with
out all the people having something tC
say about it, not only once, but three
times.
"The commission was created simply
TO study and recommend such change'
as It deems necessary to the constitu
tion and ! am very glad to see that il
began work so promptly said the Gov
ernor. when it reports it will be d
matter for the Legislature. No one l.
authorized to speak for this administrn
tion now, and the next Legislature has
TO be elected.
80 far as 7 am concerned the pro
pie will have full opportunity to pass
upon the matter. The question of ne
cessity of n constitutional convention
and the election Of delegates are TIVE
matters which ! think must be sub
mitted and then the final report mus
have the approval of the voters.
William Draper Lewis, secretary of
the commission coiuciding with the
views already expressed by Mr.. Schaf-
fer, chairman, takes issue with Mr.
Brennan on the alleged illegality of the
commissions existence and functions.
Doctor Lewis today gave it as his
opinion that Mr.. Braunan's 5 criticism
had been based upon a wrong premise
and a misconception Of the purpose and
mowers of the commission under the
legislative act under which it was ap-
POINTED by the Governor.
Referring to a paragraph in the
Brannan statement that the Legislature
"has authorized and the Governor
"has appointed select commission of
twenty FIVE men and women TO revise
tho constitution"
Mr.. Lewis said
THAT is exactly what we are not
authorized to do. IT Mr.. Brannan had
read the act creating the commission
he would have seen that its purpose was
to examine-the present constitution and
to report to the Legislature any amend
ments IL might deem necessary or to
suggest a new constitution. 1t possesses
no final powers and the Legislature may
disregard its suggestions or take any
other steps within the law it may de
sire TO place any suggested changes be-
fore the people for their judgment.
There is no abridgment of any right,
either of the Legislature or people in
the commission functions
"As the commission capacity is en- 70
drely advisory aud whatever it may
recommend must be passed upon both by
Legislature and people, there is no in
yasior of the rights of either and no
constitutional question is raised by its
existence or actions. There is no
usurpation Of the powers of Legislature
or people"