New-York tribune., 1842-04-02
lournmept.
Veto ef the Criminal Court Bill.
MESSAGE FROM THE GOVERNOR.
EXECUTIVE CEAMBER March 3l>t. 1892
4 NJ 7
To N, .S,1nt-


EXECUTIVE CEAMBtR, March 3l> 1912
To the Senate
The bill entitled repeal act for the beiteror
ganza ton OF criminal cou-si the city OF New York, pa-
May l4h. $780,, imposes upon hr duty irrconslcrng
my approval ofRa law. In the which
would lead toward the CONCLUSION al which the Legislature
has arrived cfeeriulv resort the repOr: OF the Assem-
bly,. learned Judiciary Committee for guide 10 - grounds
10 be examined.
Tie repeal argued from strong 10 the
manifested by the people OF NewYork represented in
their councils! an 50 great that those councils
have refused recognise the coru;ionaitv OF tileact:
have refused also pay the salaries oihc judges ard
pursuing an angry litigation with those officers tc the
Aldermen constituting the higher council individually per-
s!>t. defiance the law, taking upon e bench
The Court OF General Sessions uudr circumstance. which
appreheHsons o unseeny collision between them
selves and the Court Th- supreme Court has leniliiarIv
reviewed the act and affirmed scnHS!utOnav. The
port however claims that the Legislature Tot bourd by
This decision but wavesa discussion ot. In these circuD
stances, the Executive must be allowed 10 conide iniic a
Indication, since without questioning The Independence OF
the Legislature, he regards himself hound >upport
Constitution, not with privilege and arbitrary
construction. but II, e1pounded by Supreme Judicial
authority.
Shall we then repeal constitutional law because sub
ordinate municipal council denies IL consiiuonaiity
because persons whom the act dive>i> Of judicial power
angrly contend with those 10 whom that power transfer
red, Would no; such proceeding. 5e aband-nmen Of
the Constitution and nj ;h Judiciary ana even renlnc:
ton of Legislative authority. And proceeding appa-
reny so injurious TO Republican Institutions and Laws
necessary, could without dcpartur" from In. spirit
constitutional law, omit 10 compensate edp placed Judges
the Years Of actual service they have rendereduner
commissions as legal and perfect as any other devrdrom
iii. People!
Nor can the supposed insuboiqa'jon Of The Municipal
Councils OF Ne" York compiomit .ha; enlightened, metro
polls. Thosecounci bind their constituent, onlyby
legal acts, an these may be and isapprovei.
Indeed the people that city not cxcrlied citizens
other part the State in cuigle ed cnntiag
devotion TO the constitution AMI laws.
grievance, the that the public confidence
which such as the General Sessions ought ENJOY
woulJ ~, more naturally and readily conceded 10 4 ribna
in which there should be associated with learned aui per-
p esidng Jud.etwo persons lrawniron the
walks OF life and annually responsible popular elections.
l,nt
the principles OF criminal usprudencer renders unnecessary
ardimproper TO have rga! experience the bench
than secured IN the appointment OF the Recorder; thai
long continlance office renders Judge susceptible
eiuices against accused parsons and induces severity
awarding punissuncnt and that Ibis supposed tendency OF
Judicial experience, operating in the through The Re-
corer, migh be- corrected by the association Aldermen.
This argument would seem Ia BE- answered By the coiSd
eraions that all the faults Imputed TO acourt or its judges
are ato4,ler opposite 10 the rgor and >ernnt r> epe
Gated; that the law which proposed 10 he rcpca does
not exclude as judges persons OF condition in M
require uperluity OF learning experiences aud that
The only reliable confluence which any conrt can enjoy
must result from the manner no much o II, constitution
OF lis performing lis functions and its efficiency
in protecting lives liberty, property and happiness OF
the people.
An union Of ncongrpons functions ellom fails 10 produce
negligence and lnfaitlnincss in their exercise. 1t would
seem that Judicial duties would he more ,sduousy and
discreriy performed by persons expressly assigned,
proper sections exclusively devoted 10 them than by nvi
duas IN rotation who are charged simultaneously with
fiscal, nagserla and legislative Ionsblite, compr.
ensivc as those OF! the municipal government OF New York.
But have the aid OF experience in reviewing the rci.
SION which The Legislature OF Glo nad. upon induction
only That act originated in complaint made bv pre-
siding Judge OF great experience in the Court Of sessions,
the Common Council in 1885, showing the aequacy OF
the tribunal 10 maintain complete and successful admins
raton Of justice. a grand jury and select OF
the Common Council renewed the complaint in 1910 and
the law was passed 10 correct the great evil thus presented
There 1875 trials 1915 criminal cases, $50 convictions
and 7l35 persons admitted 10 bail in the Courts General
and Special Sessous OF New York in 1883 and 1883 while
in l8i0 and l8l there z9l trials and only casts
7S9 convictions and only 1852 recognzances The greater
number OF trials and smaller number OF cases, and -
crease OF convictions and dlnutono' recognzances
To show not the excellence OF the Cot, the
rority OF as present over IL torlcr organization
II IS again urged that the act OF 1910 is grievance
curing legislative redress, because The ComnIan Council
and the legislative Representatives city opposed
Whieil admitted that this objection deserves
serious examination by the legislature the respect due
minority not hashly or isfusy overrued tcTe and
that local objections are not dsailowed except from some
public Necessity, 10 promote tie general good.
The Constitution declares that The Governor and Senate
,haappont all judicial officers Justices oihe Peace
and that Judges Of thr County Courts bal hold their Offices
five years, legally removed The Court
present organized is constituted in conformity with the Con
stutiOn in these respects while restoration OF the Alder
10 the bench, proposed by the bill before mel would
he nanicSy i'll conflict with those provisions Bat il is
cnntendcd that certain reservations in the Constitution
empl the Court Of General Sessions o NewIork from
those constitutional requirements so the supreme Court
has decided The grave question upon form
Submission 10 the dudcaton o.. the Supreme Court
must AT the time, toresce that If il should be revised
aud the law of 1910 should in the meantime be repealed
tie City and County Of New-York containing about
eighth OF the population of tie STATE crowded within ,e.
ory OF twenty-five square mics would be w'Hut criin
NAL tribunal higher than court OF Special Ses>innsu
der these circumstances, respect for highest judicial
tribunal and prudential considerations realin" "a Ie,puc
welfare persuade that even ii the la OF 8 10 ought III
atey 10 be repealed yct should nevertheless be lcit in
force unit, after the decision OF the Court tor the Correction
Errors shall be known. reluctantly obliged this
and the other objections which have been setio 10 return
the bill for the further consideration Of the Legislature
WILLIAM II. SEWARD.