New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-08
THE NEW CONSTITUTION.
EFFECT OF THE AMENDMENTS ON LECIS-


WHAT CAN NO LONGER EE DONE-FIE VALID
ITY OF THE AMENDMENTS.
The effect of the constitutional amendments upon
legislation at Albany this Winter forces itself upon
the attention of the members of the Legislature and
there is much anxiety know how far their powers
| have been limited and restrained. reporter OF
! The TRIBUNE converscd recently with the Hon l..
| Bradford Prince member of Assembly from Queens
County in regard to the improvement IN legislation
| likely To result from the amendments. Ar Prince
has been Chairman of the Judiciary Committee for
the past three years. de introduced the bill to Gre
ate the Commission, and had charge of the amend
mcnts in the House in 1873 and 1874. lie Is therefore
! fully informed to the purpose of the amendments
and the intention of the LEGISLATURE in proposing
and recommending them to be voted upon at the
late election His Will therefore be read with
! great interest
VIEWS OF TIE HON. L. BRADFORD PRINCE.
The question, said Mr.. Prince as to the
manner III witch the adoption OF the amendments VIII
affect he action Of the Legislature is bread one ana
cannot be answered N moment. All changes IN the
fundamental law OF necessarily affect the action
of the different branches governments which work
under f.. In this case, however the amendments were
intended especially improve the character or our leg
islatou ~ its bulk, providing for the enact
menG general laws to all ordinary cases. reie-
eating local AFFAIRS 10 the Boards OF Supervisors and
iects. the granting Of exclusive privileges pro-
yidng extra compensation 70 officials chaIeging street
railroad companies, &c, g. In fact the Irsnal Idea
IN call NJ for a commission 10 propose amendments III
all was exclusively with reference to TINS class OIL ques-
tone The report OF the JUDICIARY Committee Ia 1872
recommending such a commission Was entirely 90 the
subject OF Il form in legislation aud IN Introducing
the b FOR It's appointment By the Governor aud Senate
| had 10 uincr object Wow. Alter the Commission
met th,y very naturally and properly considered 'he
Constitution whole. and proposed many excellent
amendments to portions; bat their recommends
lions with regard legislation have been those winch
from the beginning have attracted the attention
Uuhap ly by tue zion the Legislature IN 1919, very
many Of the most excellent provisions on ire subject
were stricken Out including the section insuTns proper
care aud deber1on In the passage of bills by requiring
the three readings to De separate day, ana the VII
with all amendments be FIluici AZ Least one Jay ne
fore tn fua. vote and the OtLer important section
winch mltel the period for the introduction o. private
or local bills 20 sixty DAYS. thus securing TINS atitAe
end Of the session for the proper examination o. All
pendng measures IN place OF The scramble aid cohIu
sion when now necessarily occur II also prov ieu TOT
advertising in the locality interested rs condition
precedent TO tnc Introduction Of M local bills mum
her OF The paragraphs containing limitations on the
power Of the * stature spc ia! AID local DIS
| were also expungrd at he same time.
The consequence Is That while the general spirit OF
the amenimeu;s is the direction Of reform ana tends
"a discourage special legislation vet the aetna. cases OF
prohibition arc nearly numerous - could have
LAWS TO BIZ ENACTED.
The popular impression tAao tla amendments pro-
bih,t all suecil and local legislation. DW ms - IN
| i1rturat-lr far from Vety much VIII frIrnd on
| the action Of the coming -ls-tWo during iH' taFl'
mart Of the session. aud ne character " the nea
law, winch are then enacted Il sc look at Tie cases
in which the new Constitution makes Il the absolute
duty Of rho coming Legislature enact laws they are
| few III number.
/ With regard 20 bribery at election. Acc!o H. Sec
uon . says: Tho LEGISLATURE, at the session ihereof
next after The adoption Of this section i eHaoi Laws
| excluding from tue right or suffrage au persons con
| ylcted II bribery OF OF any Infamous crime"
| This is a positive direction, and therein differs
rom TIE provision in tho oil section. winch
| nses "mas" instead Of "snlli.' II. Article
VIII proydcs that l. gIoature snail by general
la, CONFORM all charters OF savings banks OF insutu
ton- for sav1ngs % nm formiy Of pOvers,' so. Tins
requires eary acton by the Legislature. ANA believe
tDs Bank Department Las been engaged n tAe prepara
ton Of a biu. some te difficulty viii arise IN iram-
ing . general law 70 meet the requirements OF the
large institutions the cities ana Tie smaller OAcS ~
villages hrou- b0u the state bit this can WIN care,
be- properly arranged. T, is very desirable Lhit the
whole matter Of charterDs OF savings banks should
nudcr the provisions OF a carefully guarded general
| law be left TO the Bank Department. which
| can investigate the circumstances OI each
| case and the character Of those making
tho appicator far better than the Legislature pos
sDly TO- besides relieving the latter Of what IS IN no
sense legislative clty. III This brings Us 70 tae leg
stiye article proper Art. III. See 1s, OF which after
eDumerating thirteen cases which the Legislature
shall not pass 4 private local bl, says: The Legs
lature snail pass general laws providing for the cases
enumerated in this section, and for all other cases which
ia its Judgment nay be provided for by general laws
= several Of the thirteen classes OF SUBJECTS general
laws are already IN existence Thus, changing the
names OF persons provided Tor bv the statnieS Of l
Chap 464 and 1862 Chap. -, and similar changes III
names corporations by the act or ADri ~ 1870 ana
the amendment Of 1874 Chap. &c, Incorporating VII
ages" By the General Village act OF 1870. CHAP 49, ana
s amendments So also. the present genera! Jaws rela
ave 10 changes Of venue the impanenc II jurors, TO
the rate Of interest 70 the designation o polls and the
conduct OF elections probably sufficient ana
that with gard to the OF eectnG Supervisors
will require no change unless the increased power given
TO the County Boards shall make 1t appear proper to
provide fog more equal representation OF population
In all these cases the prohibition TO pass special acis Is
simply intended to prevent particular devlatlons from
the existing general rules and does not call for any i'm
mediate legislative action In form OF general
| laws.
! -FOUR IMPORTANT GENERAL LAWS.
In four OF the thirteen cases general laws viii be
rrclired because there are none no" e@sng 10 meet
! the circumstances These are
81 "Layiug out, opening, altering. working or DIS
continuing roads" nave tho general high
way laws which answer for ordinary purposes; but
tnev do not meet the necessities ~ localities near large
cities and cOuseq lclCe muiItuICs OF seo!a tcs lor
| me nDeniug and improvement Of avenues ana bOUe-
yarns nave been passed within the last dozen years.
Now that the enactment Of these special acts IS pro
mDlted, "a general iaw must DC framed 10 l1eude an
snch cases and THIS that class 81 local suJecis
% 1,sr,s Of e.uprrv.ors OF the counties Section %
reads: "Tle Legislature shall ny general AVS confer