The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-19

The Bin Tor Removing state omosrs.
1t has become certain that this bill cannot
pass the Senate in its original form, and
doubtful whether it can pass in any form. u
first came before the Legislature in pursuance
of a recommendation of Governor Tilden in
his Canal MESSAGE. The HERALD thereupon
promptly stated its conviction that the mode
Of removing State officers elected by the peo-
pie is one of those subjects that ought to be
provided for by the constitution Of the State
rather than by tho Legislature. The Cover.
nor had virtually conceded this in his Mes
sage by explaining how the Convention Of
1876 came to insert in the constitution the
anomalous provision which has remained
dead letter Tor twenty-nine years, and which
is the basis of his recommendation. He
said that when the Convention Of 1916
(of which he was member) was about
to adjourn it was discovered tina; no provision
had been made for the prompt removal of any
of the State officers except the Treasurer, and
that in its necessary haste the Convention
turned the subject over to the Legislature.
This statement of the Governor implies q
clear admission that the removal Of State off,
GERS is q proper subject of constitutional regu-
lation. It was showed off upon the Legisla-
ture only because the trainers of the constitu.
ton too tardily discovered at the last moment
that they had not dealt with it. The proper
method of supplying that defect, as the
HERALD suggested when this bill was intro
duced, is for this Legislature to submit con-
49,. n L. L. L
election of Senator's next fall the amendments
could be submitted to the people within q
year, and suitable method of removal en-.
grated on the constitution with brief delay.
Unless the Governor thinks some OF tho
present State officers dishonest there is no
urgent reason for haste.
Whom does Governor Tilden wish to re-.
move? If no particular officer this subject
had better await the prescribed action tos
amending the constitution. But if there be
some State officer whom the Governor Think
dishonest and wishes to get rid of we ara
willing he should have the power, provided
the act comforting it is limited TO period
sufficient for amending the State constitution.
We expressed this view when the Removal
to change it. According to oil precedents and
all sound principles it IS for the constitution
and not the Legislature to prescribe the
method of removing elected officers. Unless
the Governor has some particular officer in his
eye who can infict mischief on the State
before the constitution can be amended there
is no urgency for passing such law as he
recommended III such law should be passed
it ought to conform to the provision of the
constitution relating to the Treasurer, the
one State officer against whose nalfeasance il
establishes prumptremedy. The constitution
does not authorize the Governor to remove
the State Treasurer, but only to suspend him
until thirty days after the next meeting of the
Legislature. The Governor would possess all
authority necessary for protecting every public
interest If the Legislature should empower
him to suspend any. other Stote officer for the
like period and appoint pro temporo successor.
If the bill now pending in the Senate passes
at all we hope it will only be after amend
ments restricting its operation to mere sus-
pensions from Office during the interval before
the meeting of another Legislature. sus-
pension from Office and appointment of tenn
porary substitute would protect any imperilled
interest and thus is as far as the legislative
power ought to venture into the domain
which so manifestly belongs to the authority
to amend the constitution.