New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-25


being given greater publicity by the newspaper cprfo-
sn,nents at tho capital To those familiar with tho
details Of the Of CClaton there 10 no occasion
for wonder for they know that under exiSunG usase
il Is possible for corresponding Committees OF each
House to pae almost any in tie total ignorance
of nearly everybody clso and that TOO with iuli
observance of tho forms OF legislation That this Is
SO Il attributable primarily to defects in our original
law TO which will aludo after explaining the usua'
course of legislation which admits the possibility OF tno
passage OF laws preiudlcal to the public good wi'ho'
the knowledge OF the Legislature itself.
The 1eory OF the Of legislation Is .ho -,
now as it has always boon; but brief consideration W.,
show ms how far the practice has degonerated Iroi w,
exactncss OF old days, and how widely it diners
] ace srato provisions Of the law Under 'no P
| system: ,,, os.or
! l. Tho bill is introduced, and the preSu",s "n"-,
| -, -. ga, oao.,po clause "Tae People Oh tho
$50 of Navyorl represented in Senate ana Assembly,
do enact nc follows" aad that for years has pecA sup
posed TO meet the requirements OF hr'' ieaunS,
q The presidigg officer then Announces 'no oo
oodirr or hin and by its title, unless obeotod TO-
Nvoho1 ob,sctsindeed, In many years experience az
anew DO not reeOilect q case where member mas
o,ocfed and called for tho reading OF tho Dill Inc
lcr the title "An act 70 amend an act emitted an
act for tho better protection OF CLANS IN saioiK Ooa,
nassed Feb l2 1884," whatever the purpose OF the Dill
a. If It ia stated in full required by tho Constitution
which, in tho interest OF these WHO "fo Pe'i"s :"
| sometimes is not.
TIE hill ten goes TO the Committee, and il reported
favo1ably II is printed and paees on the files VITA hn
reds Of others. Appalled, by the magnitude OF the TASK
| and not knowing which are the ones which reaurea
critical inspection, mombers in the pressure upon the
time in the discharge their duties road scarcely any
trusting that there frauds in any of them tAoy VIII
I'm some providontial DO brought TO light AT the
close OF the session. the reported bills which are printed
and on the files make pilo nearly IS inches high
T. Each of these bills il ordered to tAirl reading, Is
supposed TO have undergone tho scrutiny OF Committee
OF the Whole. But suon course has been found 10 be
IonobC because Of the immense number to lie 80 con-
sidered The genius Of legislation, however, has been
eoue 10 the emergency and resort las been had to the
subcommittee Of tive Whole or Grinding Committee"
n tits generally called, TO which, motion, bills OF u
strictly local character which grant no franchises may
be sent for constellation; and the report of the Grinding
Committee S. for the purposes of legislation, equivalent
IN report from the Committee Of the Whole But despite
the watcfulncss OF Speaker and Clerk bills which graft
franchises CT which are not of local character or II OF
local character which involve important pupic INTERESTS
are allowed by reason of their puTposeiy ahpiglOu'
titles to go to; the Grinding Committee by Wich tncy
are reported TO the House, and then ordered 70 to
reading.
Even the Grinding Committee hns been found to be in
adequate to meet tic pressure upon the time OF inc
Legislature to pass the bills demanded by olanorous con-
stituens and meet this demand the RUE auhoIhS'
motion, the reference OF DIS DlCh 10 INC
originally reporting them with power to report com
plee" has been perverted from its original purpose 20
make tho Committee, who perhaps alone have read the
bill revise their work. instead OF having 1t oonhded
to Others that IL may undergo further scrutiny Tic
Committee to WHOM the bills is thus again referred has
the power under the usage which has obtained, to ncor
porate provisions OF an extraordinary character not
even hintcd at the hill introduced and printed.
through this indirect way to final Passage that go
many acts of anomalous character passcd they
are put upon the session laws, which not half dozen
nembers OF either house OF until their atten-
ton Is called to them ~ tie donunciaoas Of the press.
It Is true that the rules Of both branches OF the Lcgsa-
tuIe try TO guard tho practice Of referring his to the
committees reporting them "with power 70 re-
pl Saf sapb reference must he Ivy Tna'-
iuous consent, though III 1s6? the rule
had iv vote OF totlilda Of the Iacinbcr9 present.
But this rule has no Significance rs mems ot preyen
ing abuse. The Dractc3 IS not re5oIG TO uhIl INC asG
few weeks OF the session, "Lon ilty eEeIN t
maintain his reputation home and, reference 10
the committee with power TO report CON ole ~ Is
10 the motions Of other members 20 rotor back bill in
this way, lest they object 10 the consideration OF me
same motion in respect 10 lis measures whom he slai
ace ct to bring them forward Hence il Is that an oiec-
ton such reference is seldom heard during the last
But even in Committee of the Whole The reading OF
ipInortant bills is sometimes almost wholly omitted
ater section or two has acted upon, not, however.
with any sinister purpose far as am aware hut IN
the effort 10 hasten legislation. IT is accomplished thus
When some member becomes imp3'lent at the DEBATE
which the consideration OF the ol has caused or ne
that its heightened proportions make the chances
the consideration Of his own Dill beautifuy less, ne
moves "that the committee do now rise, report pro-
cTess TIE bill, and ASH leave 10 SIT asan hIs p9r
Dose III making the motion being understood not 10 DC
~ sustain him The committee rises and It's Chairman
reports its action 10 the House. Then motion Is made
whole Snd that the bill be ordered a third reading and
the motion under such circumstances rarely fails to pass
Committee Of the Whole and is ordered to third read
ing II is then sent to the engrosSne rOo WEcre IL Is
g. At last the bin comes up for it's third reading"
Thus far as have shown the fst and second readngs
have been readings at all and as the bill may have
had no consideration either in Committee OF inc WhOe
or even subcommittee OF the Whole, It follows that
TINS FAR the House mas never heard the bill read at all
And now the third reading. 1t has been found DIV
practical experience that owing TO short daily sessions
and long Monuments during the first half Of the SEES
sion the great the business is crowded into the
last month, and bills ready for ther hrd readng are
piled up sometimes by the hundreds and as members
are canorous their passage that they may go 70 the
other house, another usage has oOtaned tat OF 'ne
Clerk reading only section or two OF what may be an
important bill having hundred tee'o h a oG ~
the BILL and Clerk who should attempt at any stage
ence to reading bills would fail TO ge the caucus NOM
| ination at the HANDS Of the next Legislature
Thus it will be seen that bill may become law WIN
out its having been read by any member outside OF the
Committee which reported and not even I, 6y the Com
have as briefly could stated the means by which
much of our unwise legislation mas pee b m raced
to Inherent defects in our constitution when permits
peine them to be formed under general laws and which
does asign exclusively to localities the determn
alton OF those matters which OF local import ana IN
| ferest only Were the constitution SO amended as 10
make resort TO general laws compulsory in all matters
To which experience has shown general laws are aPpo
pirate, and leave to intelligent constituencies the
Of their local matters, which Of no pub
lie interest beyond the boundaries Of their civil divisions
cur session laws would be reduced twothirds IN mum
her and not one would be passed without knowledge
Of lis provisions the part OF the members who vote
| on IL. E'r' "
| New York, May 70. 1871
| SMALLPOX OBSERVATION-DISCLOSURES IN OTHER