Year: 1874




It is evident that an attempt is to be made
after January to obstruct the payment to the
city charitable institutions Of the excise and
other moneys appropriated to their use under
existing laws. The amendments to the State
constitution adopted at the Inst election are
interpreted as prohibiting ''the application Of
the excise moneys to any Of the charities
heretofore benefited by them," and also as
affecting "the right Of disposing Of the eight
hundred thousand dollars or So included in
next years tax levy, for charitable institu-
tions.' 1t is argued, in regard to the excise
moneys, that if paid into the city treasury
before the 1st day of January, 1875, they may
be distributed among the charitable institu-
tions, but that after that date s'there can be
no question that the constitutional amend
ments authoritatively prohibit the application
Of the excise moneys to any of the charities
heretofore benefited BY them" It is also held,
in reference to the appropriations to charita-
BILE institutions included in the city estimate
for next year, that as the tax levy for 1875
must be finally closed before the end of this
year, the Board of Apportionment, under ex-
isting laws, "wiu have no choice but to incor-
porate the sum named in their appropria-
tons; but after it has been inserted it is very
questionable whether taxes can be raised for
any such purpose, and after they have been
received it is tolerably certain that payments
under such appropriations will be illegal"


The fallacy of this is apparent. The amend
menH to the constitution adopted at the last
election are in force from the moment the
vote adopting them is officially declared by
the State Canvassers. They do not take effect
on the lst day Of January next. The consti-
tuition as it excited before the last elec-
ton simply provided that amendments.
after undergoing the requisite Legislative
action, should, upon receiving the approval
and ratification Of majority of the qualified
voters, "become part Of the constitution"
This, Of course, incorporated the amendments
in the constitution from the moment the of3-
cial declaration Of their adoption was pub
Eshed That this was the intention of the con-
stitution is shown by the fact that amendments
might be submitted to the people "in such
manner and at such time as the Legislature
shall prescribe" and were not required to be
submitted only at general election. The
new article 16, adopted at the last election,
provides that t'au amendments to the consti-
tuition shall be in force from and including
the 1st day Of January succeeding the cleo
ton at which the same were adopted, except
when otherwise provided by such amend
ments." But as this article could not become
o part of the constitution until after its adop-
ton and incorporation in the consh-
tuition it applies only to future amend
ments. II. therefore, the appropriations
to charitable institutions in the city estimate
for 1875 will be unconstitutional after the LIST
Of January they are unconstitutional now. In
like manner, II the excise moneys cannot be
applied to charitable purposes under the
amendments to the constitution after January
/, they cannot be 10 applied subsequent to
the announcement of the result OF the State
canvass.


But the only restriction to the appropriation
Of county and city moneys contained in the
amendments is to be found in the new section
added to article 8 Of the constitution as
section II. This provides as follows -
"No county, city, town or village shall here
after give any money or property or loan its
money or credit to or in aid Of any individual,
association or corporation. This
section shall not prevent such county, city,
town or village from making such provision
for the aid or support Of its poor as may be
authorized by law" Chapter 642 ofths Laws Of
1874 provides thatan moneys received for liquor
licenses. after payment Of the expenses Of the
Commission. shall be appropriated by ma
jority Of the Board of Apportonmsnt to
whatever charitable institutions may seem to
such Board deserving and proper. The
Comptroller is required to pay the money as
thus directed In like manner, various State
laws authorize the levy Of tax for the sew
cral amounts appropriated in the city estimate
''for the aid and support" OF the city poor.
All these laws remain In force, and are not in
validated by the adoption Of the constitutional
amendments. For these reasons we believe
that the attempt to divert from the charitable
institutions the moneys derived from licenses
or appropriated by the city estimate will fail
It will be unfortunate II the City Comptroller
should insist upon withholding these moneys
from the city charities. Suoh policy will
only lead to litigation, and in the end entail
loss upon the taxpayers. besides osuaing much
unnecessary suffering.


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MIR. Talmage's Sunday Logic.


Evidently the Rev. Mr.. Talmags believes
that In opposition to the theatres, he has
found o fruitful theme, and as he promises to
discuss the subject still further there Is no
present hope Of his yielding itup. His sermon