The New York herald., 1921-10-31
The Preference Amendment
Its Effect Would Be to Create a
!. Privileged Class of Citizens.

To THE NEW York HERALD: From
the Goth day of April. 1777. the Consti-
tuition OF the State of New York. bor-
rowing the spirit If not the letter of
Magma Charta. has declared the Ameri-
can doctrine that mo member of this
State shall be disfranchised or deprived
of any OF the rights or privileges Sc
cured to any citizen thereof. unless by
the law of the land. or the judgment of
his peers" and this language has been
construed by. our highest courts to mean
that "no person shall be deprived, by
any form of legislation or governmental
action. Of either life, liberty or property,
except as the consequence of some judi
cial proceeding, appropriately and legally
conducted" (Wynehammer VS.. The
People. 13 N. Y. 37s. 434.)
A rule of law which has stood from
the 18th day of June, 1915, to the pres
ent time may be assumed to have JUS
titled its existence and to be entitled to
some degree of respect as guide for
legislators and the people in the exercise
of the highest manifestation of legisla-
tive powers. If it embodies a correct
principle of law; IL there is an inalien-
able right on the part of every man and
woman born into the world to life, lib
erty and the pursuit of happiness" what
justification can there be for the pro-
posed amendment to the Constitution of
this State under the provisions of which
honorably discharged soldiers, sailors
and marines who shall have served as
such In the army, navy or marine corps
of the United States in time of war
3. p. shall be entitled to preference in
appointment and promotion, without re-
gard to their standing on any list from
which such appointment or promotion
may be made?
When we prefer one class Of citizens
for appointment in the civil service of
the State over every other citizen. we
are disfranchising to that extent the per-
sons outside of the class we are clos
ing the door of opportunity to all the
brothers and sisters Of soldiers, sailors
and marines who have served the United
States in time of war: we are saying to
the babe yet unborn that he or she must
come into being in the State Of New
York shorn of that. equal opportunity
of American citizenship in all its his
tory. / wonder If the brave boys who
answered the summons of the Govern
ment of the United States are willing to
occupy this attitude toward their broth
ers and sisters toward their own chill
dren yet unborn.
And l wonder, too, why the discrimi-
nation against the equally brave women
who entered the service in hospital, can-
teen and other lines of work! If there
is to be privileged class. with corre-
spending detriment to the general pub
lic." to quote the language of the United
States Supreme Court in Duplex Com
pany VS.. Deering (254 U. S. 443, AID,
why not make it coextensive with the
class? Clearly there is no reason why
the man who served his Government in
war should have privilege which is de-
MED to women who served in the same
war. If great principles of government
are to be sacrificed to the emotions of
the hour. let us at least be just to those
who have deserved this surrender of
principles in their behalf let the women
who have served be equally preferred
with the men.
or what use is it to give the ballot to
women If we disfranchise them in re-
spect to those public employments for
which they are best suited: IL we deny
to them the rights and privileges which
are extended to men who have performed
no higher service?
Because it sets at naught a funda-
mental principle of Americanism; be-
cause it is unjust to the women of the
State; because it is fatal to the princl-
pies of civil service reform, this amend
ment should be- defeated. No soldier,
sailor or marine in his self-respecting
consciousness will thank any one for
voting for SO vicious an amendment Of
the fundamental law; these men are not
afraid to face the future on equal terms
with the women who watched over them
in the hospitals and the camps OF the
great war. BENJAMIN 8. DEAN.
JAMESTOWN, October 2e.