The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-08

telligence the incapacity or criminal negligence OF
Sentences Into execution by the interposltiOn OF
legal technicalttes 1t will be In vain TO nope LOT
the suppression OF crime unless the retribution Is
The leading objects of government are the pro-
tection OF life and the security OF property No po-
litcal system can retain the confidence OF those
who live under 1t unless these objects are enectu-
ally accomplished. The lamentable manner in
which both have been frustrated In the city OF New
York has forced upon the minds OF many thought
ful persons the unwelcOme question whether their
lives and property would not be Detter secured
under a less popular form OF government. Nothing
can be more deploraple than the suggestion OF
doubt as to the superiority or our own institutions
over others OF less liberal character Under this
view OF the subject the duty Of securing property
from depreciation and life from feloni0us assault
becomes the more imperlo1s and connects Itself
for II the machinery OF The law proves inadequate
to effect the fundamental purposes OF government
force.
The difficulty to which have alluded In obtaining
juries OF competent intelligence arose from the
existing rule OF law, which had its origin in o
period OF comparative ignorance, and under which
It has been almost Impossible te empanel proper
jury in q capital case. TIE universal distribution
Of the press brings to every mans door the narra
lion Oh passing events, and every Intelligent per-
son rises Rom the perusal with distinct impress
70 treated as an opinion not to be modihed or
changed on a hearing the evidence on both sides,
needed 70 proSonce rHHteous s udSment would
disqualify most OF our citizens from serving as
jurors when murder is to be tried. Under the act
passed at the last session Of the Legislature jury
has recently been empanelled without unreasonable
delay, and 1t Is to be hoped that this enactment
will prove In practice a remedy for the difficulty
referred to. The further obstacle to the prompt
punishment OF crime after conviction, through the
lnterpositl0n OF legal technicallties. needs to be
removed by some proper and effective provision Of
law.
In framing our system of criminal jurisprudence
Of vs eb aS in VeW
1t Is worthy of consideration whether in carrying
out this purpose we may not have created impede
ments to the punishment OF the guilty and given
rein to crime through its impunity.
Protection AGAINST FIRE.
Of Chicago and Boston i involving an IMMENSE Sse
sacrifice OF property and the loss OF many lives,
suggests the necessity Of revising existing laws In
post OF cOmbustlbles within our principal cities.
It Is due to the security OF property and life that
t Se q the most ssen nsS 20
ings, In the city Of New York, is authorized
the Supreme Court 1t is not to be expected that
the members Of this body, from the nature OF their
functions will be so competent to form correct
Judgment in regard to the propriety of such modi-
fications In special cases as others whose connec
ton with the subject Of fires and insurance gives
than, TO some extent, the character OF experts
therefore recommend that no modification OF the
law prescribing the mode in which buildings are to
Of a board TO be Jointly constituted by the New
York Board OF Fire Underwriters and the Commits
sioners Of the Fire Department me hrst as having,
HssS ;aes large
iarty with the causes OF conhagraten and the best
modes s.des OF Gontending with it. with these the
be adyantageousy united for the appointment OF
such board as have referred to.
r. ~: HARBoR MASTERS.
There have been continual complaints for many
years In regard to the conduct Of the harbor mas
places in the docks and the skfoftonste cnarsss
nf
ships, with whom the officers first named are al
legged to have in many cases collusve cOnnec-
ton and from the partial examination have been
been able to make am satisfied that these COM
plants are we'll founded. Much OF the abuse which
mas grown up Of late years has, no doubt, arisen
rlor OF the state having no knowledge whatever Of
nautical affairs or OF the wants Of the mercantile
t%e sssa are Of sr as
sons whose aim 1t Is to make the largest profit
possible out OF their services to merchants
evil design, perhaps, at the outset, engaged engaged
IN system Of extortion which they lind
too profitable to be reinqulshed. To such an ex.
pretence OF extra service, that committee of the
legislature, after careful investigation, did not
ton which may not inapproprstss be u cSarSc
terized as organized piracy upon the commerce OF
New York" The term Of the present incumbents,
who are now holding over, having expired in
March last shall deem 10 my duty to nominate to
the Senate men Of character and tried integrity
vice required OF them to perform it intelligentiy
and efficiently. The service was confded to such
persons IN former years, and 1t is only since the
practice has been discontinued that the present
system has come into use to the great dssatsfac-
ton OF the mercantile community and the serious
the State.
These of1lcers are now paid by fees, which.
together with receipts from other and not legiti-
mate sources, amount to very large sums. I
recommend that their compensation be limited to
q reasonable remuneration, and that the fees in
sury for distribution among the hospitals in the
interior OF the State for the support of sick and
disabled persons engaged In navigation.
THE CONSTITUTIONAL COMMISSION.
The constitutional commission, to be reconvened
tomorrow Will be charged with the gravest of all
ton of the State, TO be submitted to the people for
their consideration Not the least import
sns ssss e R9vd !; the
than those in which the State at large Is Interested
lature only 126 were OF a general character The
other ~ were private or local. 1t would greatly
diminish the labor Of legislation if in ali cases
where general law could be made applicable
special laws should be prohibited and certainly as
a rule, special privileges or mmunities should not
be granted to any class of citizens which, upon the
others.
trust suitable provision may be made to give TO
the members OF the Legislature remuneration
adequate to their responsible duties. The present
compensation was fixed more than half century
are more than doubled. 1t is neither just nor
creditable to the state that It's legislators
should be kept at q distance from their
homes to labor for the welfare OF
the people and to protect the interests
OF their constituents and be compelled to have re-
course TO their private means to meet their per-
sonal expenses. Super1uous Offices should be
and unhestatingly abolished but all
who give their time and talents to the state
should receive compensation for their services
proportoned to the Importance OF their duties and
10 the expenditures which they must necessarily
incur in performing them.
ALIENS.
In more than half the States Of the Union aliens |
are allowed to take, hold and convey real estate.
In New Jersey this privilege has been accorded to
them with the natural result OF attracting foreign
capital for investment. In this State the ancient
disability Is continued and with the opposite effect
Of excluding such investments II foreigners are !
willing to come among us with their capital to i'm |
prove our real estate, stimulate our productive |
industry and aid In bearing our burdens OF taxa