Year: 1873




amendments to the Constitution of the
State are proposed, and more or less of
the time of both branches of that body is
frittered away in the discussion of these
propositions. But this manner Of effect
ing radical changes in the organic law of
the State is falling into disrepute from
the very tediousness and length of time
which is required to effect important and
highly necessary changes. The trainers
of the Constitution, when they provided
in that instrument for amendments to
itself through the action of the Legisla-
ture, did so in view of the fact that that
body was elected and assembled annually,
and contemplated changes could be sub
mitted to the people, acted upon, and
become part of the instrument within
two years from the time when first pro-
posed. In this manner the important
changes which went into effect in 1863
were made, but with these changes the
feasibility of further amendments became
less. Instead of an amendment being
proposed, adopted and incorporated in
the Constitution inside Of two years, it
may be five or even six years from the
time its necessity becomes apparent, until
it can be acted upon in the manner pre-
scribed and go into effect. The present
practice is this An amendment is pro-
posed in either the Senate or Assembly.
If adopted by a majority of both houses,
it is entered upon the journals and comes
up before the next Legislature chosen.
If adopted again, land in each case its
adoption requires majority vote of all
the members elected to both houses a
simple majority will not suffice,) it is
presented to the people for ratification,
and if ratified by them becomes part Of
the Constitution.


The great objection to this method of
securing necessary Constitutional changes
is in the length of time required. Say
for example, change is desired now.
1t is acted upon by the Legislature chosen
this Fall. If approved by that body it
comes up again before the Legislature
in 1875. If it receives favorable consid-
Grafton then, it will be submitted TO the
people at the General Election held for
Presidential Electors the following year,
and this is the conclusive vote for ap-
prova which makes the other legislation
valid. This is the most favorable showing
Of the matter which can be made and re-
quires at that period of more than three
years from the election of Legislators in
1873 to the final ratification by the people
in 1876. In the meanwhile, the injuries,
expenses or losses which the amendment
is supposed to remedy goes on.


The Constitution of this State requires
amendments which will work some very
important changes in that instrument.
We will mention but two CT these in il
lustration of the necessity Of a Constitu-
tional convention being held at an early
day. By an amendment which went
into effect in 1868, the election of judicial
officers was held separate from the gener-
al State election, on day specially des-
ignated for that purpose. The design
was to remove the judiciary as far as pos
sible from the influence of politics but the
attempt has proved abortvc. Supreme
Judges, District Judges and in fact all
judicial officers are chosen for their polit-
ical principles rather than legal abilities.
The State convention nominates the State
officers and the Supreme Judge: the
county convention nominates the county
officers and the county Judge, and the
party which is successful in the general
election in September, is almost sure to
carry the special judicial election in Oc-
tober following. The change then has
not produced the desired effect and the
people are put to the trouble and each
county to the expense of an extra election
every two years without any correspond
ing benefit. 1t required but one or two
trials - snow that expected benefits did
not follow this change and several at
tempts have been made to return to the
old system of electing all officers on the
general ticket. An attempt was made to
change this clause in the sessions of 1866
67, which failed on account of clerical
error, and while all agree that the special
judicial election is nuisance and hum
bug, we are still being humbugged and
likely to be for years to come.


Another, and more important point in
which the organic law of the State is
found to be defective, has been exposed
in the decision lately rendered by the
Supreme Court, by which mortgages,
notes and all evidences of indebtedness
are declared exempt from taxation. In
this county alone the assessment roll will
fall nearly 5000, 900 short what it would
have been but for that decision, while the
decrease throughout the State in the
aggregate will foot up many millions of
dollars. Even if we succeed in electing
two successive Legislatures which will
be proof against the influences" which
capital will bring to bear against any
amendments designed to place this species
of property on the same footing in regard
to taxation which all other classes of
property obtain it will be at least three
years before the change can be made so
that the State and counties will reap the
benefit of it. Capital has brought the
matter to a successful issue and it is idle
to hope that any reversal of that decision
can be obtained. The only way in which
the evil can be remedied and taxation
made truly uniform and equal" is
through the medium of q State Conven-