The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-13

A bill SO important as that just reported by
the Judiciary Committee of the Senate, but
not yet acted upon, will be discussed with
warmth both in the Legislature and out OF it.
There are already strong indications that the
republican party will oppose il, and unless
some Of the republican Senator'S vote tor It
there is no chance Of its becoming law at
this session. We think it right in principle,
but open to grave objections in its scope and
method. The substance Of what it UNDER
takes to enact would be more appropriate as
an amendment to tho State constitution than
as a mere act of the Legislature. Governor
Tilden is by no means the first to discover
and declare that the powers of our State E1-
ecutive are too limited. Governor Hoffman
was strongly of the same opinion, and made
it one of his chief reasons for the Constitu-
tional Commission which, on bis recommen-
dalton, the Legislature authorized him to APP
point. Among the amendments proposed by
the Commission was one clothing the Gov
ernor with power of removing high State
officers, similar to that embodied in the pres
emit bill. That amendment was approved
by the Legislature of 1873, but was rejected
by the Legislature of 1874, and could not,
therefore, be submitted to the people, with
the other amendments, in the last election.
The Constitutional Convention of 1867 pro-
posed similar changes, but they were de-
feated before the people by the joint oppo-
sition of the Canal Ring and the Tammany
Ring. The Governors power of removing
high State officers ought to be defined in
the constitution and not left to be the
sport of successive partisan Legislatures Any
law on the subject which this Legislature
may pass the next Legislature could repeal,
and would be quito sure to repeal, if party
advantage could thereby be gained.
matter SO important as the general powers
of the Governor, and especially to remove
officers elected, like himself by the people,
ought not be football of shifting partisan
legislation.
If the Governor is to have power to remove
all the heads of the chief executive depart
ments, he ought also to have power to appoint
them. Our present State constitution was
formed on totally different theory. 1t makes
the Secretary of State Comptroller, Treas
urer, Attorney General, State Engineer, Canal
Commissioners and State Prison Inspectors >
the officers this bill seeks to empower the
Governor to remove-elective by the people
like the Governor himself. BY the theory of
the constitution they are not responsible to
him but only to the people, as the Governor
himselfis like the Governor they are subject to
removal by impeachment, and SO long as they
are all alike common agents of the people, ow-
ing no allegiance to one another, but only to the
people by whom they are chosen, there would
seem to be no moro reason why the Governor
should remove the heads of the State depart
ments than why they should remove the Gov
ernor. If the Governor grossly violate bis
duty the people have provided for his i'm
parchment, and they have provided the same
mode of redress against their other elected
servants. If impeachment is a slow process
against them it is also slow process against
him; but so long as they derive their
authority as directly from the people as he
does his there is no reason why they should
be removable in a different manner from
what no is, unless the people, the common
source of their authority, ordain otherwise in
the constitution. The people have done SO
in respect to one State oficer-the State
Remuneration the Governor is authorized
not to remove, but to suspend until thirty
DAYS after the meeting of the next Legisla-
ture The safety OF the State funds was a.
sufficient reason for taking the Treasurer out
of the operation of the general rule, which
makes the heads of departments removable
only in the same manner as the Governor.
In the federIl government the heads of de-
partments are appointed by the President,
are responsible to him and subject to bis
direction, and il is therefore fit that he
should have the power to remove them. But
the heads Of departments at Albany are not
appointed by the Governor, are not sub
iect to his direction, are not nnswerable
TO him for their conduct, and it seems incon-
pruous that he should remove them unless
the people, speaking through the constitution,
confer that power directly upon him.
AS we have already said, We believe the
principle of this bill to be correct; but it is n
principle which ought to be carried out by
amendments TO the constitution, and not by
mere act of the Legislature, which may be
passed this year and repealed next, subject to
the fluctuations Of party ascendancy. This
bill is prompted by the abuses of canal man
agement, but the plaster is broader than the
sore. All that Governor Tilden asked in his
late Message was authority to remove the
Canal Commissioners and State Engineer, and
il would be wise to amend the bill by restrict
ing it to those officers So amended, we should
be willing TO see it passed as temporary
measure, but as a temporary measure only.
What the Legislature ought to do is to pro-
pose On amendment to the constitution re-
heving the Lieutenant Governor, Secretary of
State, Comptroller and Attorney Cen