New-York tribune., 1876-01-21
THE GRAY NUNS ACT.
DEBATE IN BOTH HOUSES AT ALBANY.

NEITHER HOUSE UNITED FOR REPEAL
nRoM THE REGULAR CORRESPONDENT OF THE TRIBUSE.l
ALBANY Jan. 2O.-The Gray Nuns act came up
both Houses to-day. and was the subject of length
ened discussion. In the Senate the debate took
political in tho House legal turn. Senator Woodin'
who called up his bill in Committee of the Whole,
made extended statement of the Gray Nuns actand
sought, by implication at least, TO throw the large
share of the blame of it's passage upon the Governor
Senator Starbuck made a like attempt to shi1t the
responsibility of the act to the shoulders oil the OPP
posite party, and sustained the positon OF the "o'
ernor that the act was repealed by the later general
education act. His speech was listened 10 wltn great
interest by crowded Senate, and at once estab-
lshsd his place at the head of bis party the Sem
ata IL not of the Senate itself. The close of his
sneech was greeted with a murmur of applause.
Senator Woodin will always lead his Republican
colleagues by of his greater natural force, but
he is no longer the whole Senate.
Senator Woodn said that this was one of the bills
that sometimes go skulkng through the Legisla-
ture. The most watchful Senator'S such as Judge
Robertson knew nothing of its presence before the
Senate. Yet it was voted for by almost every men,
Der of both Houses, and had received the Governors
signature. The manner in which it had been ap-
proved was little singular The Department of
Pubhc Instruction had known nothing of the bill,
though ii had been the custom for years for the Gov
ernOr to refer to each department legislation affect
ing the matters under its control. This precedent
had been disregarded by the Governor. Then he
devotes paragraph in his message to showing that
the act of effect, that it was repealed by
the general act of June 8, 1875. "lf the Governor
is right" he said "you ought not to pass this bill;
you stutify yourselves by passing it. Why should
the Governor give prominence to this fact Ii the
act was in fact repealed, why should ho devote a
b;e to il "a
for tho Governor to tell the Legislature that
they need not repeal certain law. But
then | take issue with the Governor
Tho second of these acts was an act to revise ana
consolidate the general acts relating TO public III
structOn. Does amendment of the old general
law repeal the special lawi There is certainly not
an express repeal, because there Is no repeating
clause. either general or special because the Gray
Nuns act is not in any way referred to- Nor there
repeal by implication Repeats by implication are
dsfavored by law, and never allowed except
when the repugnances plain and unavoidable.
The GRAY Nuns act might have been incorporated
into the act of June 8, and there would have been
no inconsistency. 1t is simply an exception to the
general law All the decisions of the courts sustain
this view clause in the body of revised statutes
repeating all acts and parts of acts inconsistent
Herewith will be construed not to refer TO special
acts unless there is plain intent so 10 do AT the
end of the general law the repeating clause was
carefully omitted do rot fud any precedent to
sustain the Governor in his position. do not sup
pose that there Is any doubt to the propriety of
tepeang this act; i do not expect to find any one
opposing the repeal except upon the assumption of
the Governor in his message"
Senator Selkreg said that, as the only member OF
the present Senate who was member of the Com
mittee ON Charitable and Religions Societies in the
last Senate he remembered that this bill came be
fore them in different form. 1t was mandatory
upon the Superintendent of Public Instruction. and
did not leave the matter within his discretion.
Through his Senator Selkregs efforts the bill was
properly amended in this respect and reported 10 the
Senate.
Senator Starbuck opened by saying that the state
nents Of Senator Selkres showed that there was
little more consideration of this bill than had been
supposed With all it's horns on and all the badges
that excite the trepidation Of certain classes
Of the community, it had received the
sanction of that Senator He deemed it his
duty to state the history of the bill little
more particularly than had been DONE The original
oct for the Incorporation of the Gray Nuns was an
ordinary act for educatonalpurposes Feb. o, 1873,
the bill was favorably reported, and Feb 8 it passed
the Senate, having received II Republican votes,
including those of Senators Booth, Robertson
qobey, Selkreg, Cole. and Welman. All
these Senators sat around this circle. May
il passed the Assembly, receiving the
votes of such distinguished Republicans as ex-Gov
AlvOrd, ex-Speaker Hustled, and Frederick W. Sew
ard, late Republican candidate for Secretary of
State No Republican in either branch of the Legls-
lature voted against it. May 4, the bill was again
passed in the Senate, and the amendments concurred
In with the approval Of Senator Selkreg, under
whose Endorsement the bill had been running from
February to May and Senators Booth, Robertson,
Wagner Tobey, Woodn, and Cole. May 15 it was
signed by the Governor, being of 25O bills then
pressing upon him. only seven days before the close
of the session Is it not then an ungracOus thing,
he said for the Senators from the XXlVth and
XXVth (Messrs. WOOdin and Selkreg) 10 impute TO
the Governor the oflense Of which they themselves
were guityi Such all insinuatOn comes well from
such The repeating act, the general act,
was voted for by Senators Booth, Tobey, Welman,
Republicans and one Republican Senator; Mr. Cole
voted against it. The Speaker continued:
It's invention and Its passage a Republican per
pabics n senator rep rted by a Republican committee,
supported by every Republican member in both Houses.
around this circle In the light of this history do not
Of the events OF the last does not
the position OF the Senator from the XXNtb require,
trsordmary assurancel My own district was not
the only one where religious hate was invoked
had pass,d this act For such Ohenae against
truth and justice forgiveness may well be asked IL
their matter not mine. They should De relieved ifom
their dilemma. The bin sought To he repealed l.
doubly dcad already. There Is a courage winch
approaches ;he sublime only In the absolute absence oi
danger Docs not the OF the Senators OF the
XXIVth and XVIII Glessrs Woodn and Selhreg) seem
almost sublime when tLey foarlefsy demand tHn' ny
tie striking down Of thtr imperative little BILL tho
common school shall be saved
We all know history Of this agitation bow Tho Re
publican party took fright at tho thought that the sx
Gray Nuns IN 0gdens5urg might sweep down on our
common schools some ,hing must be done Onr ser
II