The New York herald., 1870-01-05

to DO productive rather OF public evil Lake all
other Laws which from their nature ore likely 70 be
executed unequally Il operates, when It operates at
all, oppressiveiy. recommend, therefore, repeal
OF this conspiracy law or sucn mOdiiicar0n or 1t
as while It iornlds conspiracy 60 injure tne gen.
eral trade aud commerce OF the state or country
Will DO away with that Judicial construction when
makes 1t equally criminal for citizens 70 combine
for the purpose OF securing an increase OF the wages
OF labor, or of establishing and maintaining pru-
DENTAL regulations for their mutual interest and
INJUNcTioNs AND RECEIVERS.
| recommend also the passage OF law forbiddfng
the granting Of njunctlOns or the appointing Of re-
rations on er pal, applications think 1t would be
far better tnat the writ 0l injunction should be
n s caase Of hs Collisions
judges which have been frequent ior some years
past.
am informed that Application VIII be made to the
Legislature for revision OF the laws relating To ap-
SHaiH sxissny statutes Is that While they impose
severe penalties upon apprentices for VIOLA
n % the Of a s
apprentices themselves. IL Is claimed and with
JUSTICE tnat the employer should not only be bound
to thoroughly instruct his apprentice IN all tue nys
teries OF hls business ana calling. but tnat proper
penalties should be imposed upon him for violation
OF his duty. Tue state should make due provision
under age and 1t 10 tho interest OF the c0Dmu-
nuy 10 secure tue greatest amount OF skilled lapor
In all mechanical occupations. | recommend the
whole subject Of revising the apprentice laws 70
your prompt and careful consideration.
REVISION OF STATUTES.
again invite your attention to the importance Of
revision Of the statutes Of this state. During tie
first Ortyeight years OF our history the Legislature
provided for four different revSlonS. The last act
for that purpose was passed on tue 21st or April,
1925, aud the last revision completed IN 1928.
Since tnat time new constitution mas been put IN
new system OF practice has been adopted and many
acts have been passed materially affecting the pro-
visions OF previous laws These changes, 30 numer.
GUS and important and extending as they now do,
through 1T least hfty Volumes create great dill
Guilty and sometimes uncertainty ascertaihlng the
exact state OF the law. new revision, Oy which
all laws Of general nature shall be collected to-
gether and the various acts relating 10 the same
subject arranged and consolidated, II greatly
needed.
The amended constitution proposed by the con-
ventlon which closed lis sessions February 2S. 1863
was submitted TO the electors at the last general
election pursuant TO chapter 3lS OF the laws OF 1862
and that portion known as the judiciary article was
adopted. 1t Will be the duty OF the Legislature to
pass the necessary laws to carry into lull working
operation this article which becomes the sixth
Gle OF the constitution OF The STATE and recon-
mend that 1t be done as carry In the session as may
be practlcabe.
REGISTRY AND ELECTION LAWS.
respectfully call the attention Of the Legislature
to the want OF uniformity In the registry and eec
ton laws OF the State. All laws relating 10 elections
should he UNIFORM IN their principles anu general in
their application. Fne open and corrupt use or
money at the polls and elsewhere 10 control elec-
tons is great evil anu demands your earnest At
tention. The laws which aim TO secure the people In
their right OF speaking through the ballot box should
be stringent and vigorously enforced. They should
not emDarrass the electors, yet they should guard.
with the greatest care, against frauds at the polls or
In the canvass. Inc Legislature should spare no
efforts TINS direction. IL Is to be feared however,
that no laws. though carefully aud skruy devised,
protect the purity OF the ballot UOx, unless
legislation can reach what Is the fundamental evil,
the corrupt use OF money in elections In consider
ing this subject 1t must not DE overlooked that
grave doubts are expressed by very Intelligent men,
whether our present registry laws while they Often
times embarrass honest voters are, any material
degree eiective Tor the prevention OF frauds; and
there are many who believe, after fair and full trial
OF them that far better results would be attained by
providing every where Tor the establishment OF small
polling districs s. and the ful and free exercise or
the privilege O challenge on the day OF election. The
subject Is Of the greatest importance, and demands
your earnest consideration; for the whole system Of
our government depends upon maintaining and pre-
serving the purity OF elections.
CRIMINAL LAW.
There frequent cases OF murder. as the crime is
now defined, in which the jury are unwilling to con-
vlc because OF so little deberatlon IN the act that
they think IL does not deserve the punishment or
death. They acquls or find verdict OF mansaugnter
in some inferior degree; or they convict Of murder
with recommendation to mercy, and SO throw upon
the executive The responsibility OF deciding whether
the death penalty shall enforced. simple
change IN the statute would, in my judgment secure
far Dolter administration OF criminal laws and
more certain punishment u,,. OF a cr.ne J., than
commentator made last year, that ex-
press provision be made BY statute, that
in 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 a verdict OF murder IN
less degree, 10 be punished by imprisonment for life
for term OF years In the discretion OF the court
BY existing provisions OF law courts OF Sessions
have the power cases OF conviction by them 10
grant trials upon The merits or for rregularity or
on the ground OF newly discovered evidence. l re-
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 Terminer.
also suggest for your consideration whether 1t
would not DO well to abolish, as has been done in
which fOrDids the trial Of an accessory 10 felony
until after the conviction OF the principal offender
1t often operates to screen guilty men from punish
men'' and 50 TO defsas % sas }9ds OF Justice.
In my last annual message recommended the
repeal oil the Metropolitan District Excise law for
the reasons among Others that 1t was local and not
general, tnat It's provisions were unnecessarily
harsh needessly violated private rights ana un-
duly interfered with the social customs OF
large numbers OF sober, temperate, law-abdng
Citizens whose enjoyment OF such customs dld not
prejudice general morals or public order. This law
also authorizes arrest without warrant, and under
It's operation system OF espionage has grown up as
degrading to the police who are compelled to carry
It out as 1t is to the people who suffer from 1t. For
these reasons again recommend lis repeal. Excise
laws should be uniform In principle ana general III
their application throughout the State, regulating
the sale OF Intoxicating liquors under due restrc-
tlOns as to time and place, aiming 10 secure order
and decorum on every day OF week. fully recog.
nlzing the general sentiment prevailing In favor OF
proper observance OF Sunday las has always
been done III the statutes OF the State from
from the lntolerant PROVISIONS which characterize
the present Metropolitan District law, ana which
are wholly unnecessary 10 the attainment OF these
ends. Boards OF excise should consist Of, be ap-
pointed by, some local authority. recommend the
abolition Of the county boards as now organized
throughout the state, and the substitution or local
boards, TO be composer OF the supervisors and JUS
tlces or 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 1886 recognized, for the pur-
poses or local government, counties, cities towns
and villages, and no other territorial divisions and
provided that the officers thereof should be elected
by the electors OF such counties, cities, towns and
villages or some division thereof, or appointed by
such authorities thereof as the Legislature should
designate. This provision was intended to secure
the right OF sefgovernment IN local affairs against
any possible encroachment violation. For the
purpose OF evading 1t the Legislature created new
districts (so-caed made up Of two more adjoning
Counties and established within their limits various
Independent boards and commissions, In winch all
powers relating 10 police, fire, excise and health or
some OF these SUBJECTS, are vested and the members
OF which commissions are not elected by the people
OF the localities or appointed by the authorities
thereof The consttutiOnaliiy OF this legislation
affirmed by the Court Of Appeals, although 1t IS
hardly denied that of the SDiriL OF