Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-05-04


One of the peculiarities of New York legisa-
ton is the secrecy which attends the passage
even of important measures. Bills, which any
where else would provoke discussion in the le9is-
lature and in the newspapers, are passed by
some process of legerdermain without attracting
the notice of reporters and apparently without
the knowledge Of the members. except those
personally active in pushing them through.
The assembly adjourned nearly two weeks ago,
yet every day brings to light some important
change in the law, hitherto unsupported and
generally not creditable to the legislature nor
likely to promote the advantage of the public
The governor is not, as in most other states OBJ
liged to sign return bills while the legislature
is ia session, but has unlimited time at his dis
posal after the adjournment to consider whether
he will approve or reject them. Ample time for
this purpose would be useful if the governor
were disposed to make careful examination of
each measure, but on the other hand the cor.
rection Of legislative mistakes is prevented, and
the governor sometimes constrained to approve
law, in most respects salutary, but containing
Objectionable features, which might be removed
lift could be again submitted to the legislature
As the doings of the session gradually come
to light after the adjournment, the pressure Of
public opinion, which ought to have been APP
piled to the assembly while it was at work, is
directed upon the governor, TO persuade him TO
approve or veto the bills before him. Personal
influence, also, is employed, of course, for the
same purpose. As an indication of the reck-
lessness with which legislation is conducted, it
may be mentioned that nobody yet knows any
thing definite of the amount and nature of the
appropriations in the Supply BILL" A force of
clerks and accountants have been at work upon
1t since the adjournment, indexing and com.
putting, so that the governor NAV know what he
is about when he comes to act upon IL tTntil
their work is finished, the public is in profound
ignorance of this most important part of tbe
legislative proceedings
Among the iniquities of the late session j,
just discovered bill making some remarkable
changes in the code of procedure 1t enact,
that every suit against railroad corporation
shall be brought in the supreme court for til,
first district, that is in New York city, and moi
elsewhere. This is the court of which Barnard
and Cardozo are the distinguished ornaments
II also provides that the supreme court for the
nrst district may remove into its own iurisdic.
ton suits pending in the superior and common
pleas courts, and makes valid former orders for
that purpose, although those orders had been
previously adjudged illegal aud imperative.
ana gives to the supreme court for the same dis
triet exclusive jurisdiction of all suits for tho
partition OF real estate and foreclosure az mort
cages. The superior and common plea. courts
for New York city have heretofore had concur
rent jurisdiction with the supreme court anf
their judges have been men of learning an,
character. They are now subordinated eutirel,
to the supreme court and practically abolishe
as coordinate and Independent tribunals.
Another section of the same act repeats a
the restrictions before imposed upon the power
of judges in questions Of contempt, and restore
the extensive and underlined authority exercise
under the rules Of the common law. This,
course, enormously increases the power ofjudgt
over the bar and over the liberty and propert
OF citizens. Under the common law cour
may inhict bnes and imprisonment PRACTICAL
NJ win for any conduct or word, in or out q
court which it chooses to regard as reflection
upon lts dignity or tending to impair lis author
NY oaeh vague and irresponsible power
alarming even 10 highlands Of men whose hon
esty and eonscientiousness are unonestionable
What use Judge Barnard will make of il ma,
pe guessed It was provided for his benefit an