The New York herald., 1870-01-05

In the last named combinations. do not believe
be- So 90 :. construed % ss 70 make such acts criminal
B productive OF any public benefit. DO believe Is
70 & oe product,ye rather OF puoIrc @ ssi, Like 81
executed uneQuaiy u operates, when u operates at
all oppressyely. Irecommend, therefore. . repeal
OF this conspiracy law, sucn mOdifcatlon or IL
as while 1t f0fDIds conspiracy to injure the gen.
eral trade and commerce OF the State or country,
wiz 90 away with thas judicial conssruction WHEN
for the purpose OF securing an increase OF the wages
Of labor, or OF establishing and maintaining pru-
MJUNcrIoNs AND RECEIVERS.
I recommend also the passage OF law fOrbidding
the granting OF inJunctlons or the apponnng OF re.
celyers IN cases affecting moneyed ana otner corpo-
rations on ar pare applications. think 1t wond be
far better that the writ O injunction should be
abolished altogether than that 1t should continue 10
be the cause Of the unseemly collisions between
judges which have been frequent Tor some years
past
APPRENTICE LAWS.
am informed that Application will be made to the
Legislature for revision OF the laws relating to ap-
prentlces. one Of the complaints against the
existing statutes Is that, while they impose
uon OF the provisions OF their indentures,
they 90 not afford sunicient protection to tho
iasice .ss the Employer should not only bel be bound
to thoroughly instruct his apprentice IN all tue mys-
teries Of his business ana calling. but tnat proper
penalties should be imposed upon him Tor violation
OF This duty. The State should make due provision
for the enforcement or all contracts affecting per-
sons under age and II tho interest OF the coDinu-
nny TO secure the greatest amount OF skilled LABOR
In all mechanical occupations recommend the
whole subject Of revising tns apprentice laws 70
REVISION OF STATUTES.
again invite your attention to the importance Of
first forty EIGHT years history the Legislature
provided for four different revsi0nS. The last act
for tnat purpose was passed on tue slst Of April,
1925 and the last revision was completed IN 1928.
Since tnat time new constitution has been put IN
force; the state courts have been reorganized;
new system OF practice has been adopted ana many
acts have been passed materially affecting the pro-
visions OF previous laws These changes. 80 nuner.
GUS and important and extending IS they now do,
through At least 1ty volumes create great 'difii-
Guilty aud sometimes uncertainty III ascertaihnR the
exact state OF the law. A new revision, Oy which
gether and the various acts relating 10 the same
subject arranged and consolidated, Is greatly
needed.
The amended constitution proposed by the con-
ventlon which closed lts sessions February 2s. 1862
was submitted 10 the electors at tue last general
election pursuant 10 chapter 3l8 OF the laws Of 1862
and that portion known as the judiciary article was
adopted. 1t Will be the duty OF the Legislature TO
operation this article which becomes the sixth arti-
Gle OF the constitution OF The state and recon-
be practicable.
REGISTRY AND ELECTION LAWS.
respectfully call the attention Of the Legislature
to the want OF uniformity In the registry and elec
tion laws OF the State. All laws relating TO elections
should be uniform In their principles general In
their application. Tne open aud corrupt use OF
money at the polls and elsewhere 70 control elec-
tions Is o great evil and demands your earnest at
tention. The laws which aim TO secure the people 10
their right OF speaking through the ballot box snoud
be stringent and vigorously enforced They should
not emDarrass the electors yet they should guard.
in the canvass. the Legislature should spare no
efforts In direction. 1t is TO be feared however
aas n"4ay "a sns Saos
legislation can reach what Is the fundamental evil,
the corrupt use OF money IN elections. In CONSIDER
ing this subject, II must not ne overlooked that
grave doubts are expressed by very intelligent men,
whether present registry laws. while they often
times cmbarrass honest voters are, any material
degree effective for the prevention OF frauds; and
there are many who believe after fair and full trial
OF them that Tar better results would be attained by
providing everywhere lOr the establishment OF small
or polling dlstrics, and the full and free exercise OF
the privilege OF challenge on che day OF eecton rhe
your earnest consideration; for the whole system Of
our government depends upon maintaining and pre-
serving the purity OF elections.
There frequent cases OF murder as the crime is
now defined, in which the Jury are unwilling to con-
Wet because OF 80 little dcberauon ACT that
they think IL does not deserve the punishment VI
DEATH They acqul or find q verdict OF mansaugnter
in some inferior degrees or they convict OF murder
the executive The responsibility OF deciding whether
the death penalty shall De enforced. simple
change IN the statute would In my Judgment secure
o far DcLter administration OF criminal laws and
more certain punishment OF criIne than
is now attained. earnestly renew the re-
Ds'uuas ppess PROVISION % be made By statute. that
all OF murder where the degree OF premedl-
tation or tue circumstances attending the homicide
dc not In the opinion Of the jury justify punishment
by death they may render verdict or murder IN q
less degree 10 be punished by imprisonment for life
or for term OF years In the discretion OF the court
BY existing provisions OF law courts OF Sessions
have the power IN cases OF conviction by them 10
grant new trials upon me merits or for iGregnay
commend that the same power be conferred upon
the Oyer and Ierminer or upon the Supreme Court
in cases OF convection by the oyer and Iermlner.
also suggest for your consideration whether 1t
would not DO well to abolish, as has been done IN
England and some OF the States, the common law
winch fOrbids the trial Of an accessory felony
until after the conviction OF the principal offender
1t often operates to screen guilty men from punish
men and 50 10 de'sas sssss sS fss faas OF Justice
In my last annual message recommended the
repeal oil the Metropolitan District Excise law for
the reasons, among others, that t was local and not
general, tnat Its provisions were unnecessarily y
harsh, needlessy violated private rights ana un-
duly interfered with the social customs OF
large numbers Of sober, temperate, law-ablding
citizens, whose enjoyment OF such customs ala not
prejudice general morals or public order. This law
also authorizes arrest without warrant, and under
Its operation system OF espionage has grown up as
degrading to the police who are compelled to carry
1. out as IT Is to the people who suffer from It, For
these reasons again recommend It's repeal. Excise
laws should be uniform in principle ana general IN
their application throughout the State, regulating
the sale OF intoxicating liquors under due re5trc-
tions as to time and place, aiming 10 secure order
and decorum on every day oil the week, fully recog-
nizng the general sentiment prevailing in favor OF
a proper observance OF Sunday as has always
been done III the statutes Of the State from
the earliest period Of ITS history, yet Tree
from the ntolerant provisions which characterize
the present Metropolitan District law, and which
are wholly unnecessary TO the attainment OF these
ends. Boards OF excise should consist OF, or be ap
pointed by, some local authority. recommend the
abolition OF the county boards as now organized
throughout the state and the substitution OF local
boards, TO be composed OF the supervisors and JUS
tices OF the peace OF the several towns. This was
the old system under the Revised statutes, aud 1t
has not, IN my Judgment, been improved upon by
the subsequent legislation. In villages the board
might properly consist of the president and board Of
trustees, and IN cities be appointed by the Mayor.
COMMISSIONS AND CITY GOVERNMENTS.
The constitution OF SsG recognized, for the pur
poses OF local government counties, cities, towns
and villages and other territorial divisions, and
provided That the officers thereof should be elected
by the electors or such counties, cities towns and
villages, some division thereof, or appointed by
such authorities thereof as the Legislature should
designate. This provision was intended to secure
the right OF seifgovernment IN local affairs against
any possible encroachment or violation. For the
purpose of evadng IL the Legislature created new
districts ocalled, made up Of two more adjoining
counties and established within their limits various
n.lanf tnn nd IN oil