The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-26
Necessity for Sanitary Inspection
of Public Schools.
II EAPP O RTION M e n L.
Attorney General SchoOnmaker Defines the
Duty Of the Legislature.
TAMMANY IN TREPIDAIION.


Tor a week past IS now almost week behind hand.
The only transaction of interest or importance was
the smuggling into the Judiciary Committee pro-
posed constitutional amendment which passed. the
last Senate Mr.. Harris introduced the resolution,
in hurry the chairman referred 1t to that CON-
miitee. Mr. Ecclesne called too late for reading oil
the resolution asked that 1t be referred to the
Committee on Literature. II reads as follo"s:-
COMMON SCHOOLS.
Resolved dr the assembly CONCUR. That article of
the constitution amended by The addition OF the follow
sEcTIos Free schools shall be maintained
vide or the branches of elementary
cation such schools of al persors in the State between
eat twanty-egbt weeks in each year.
state nor Of any county city town VILLAGE or schoo,
ns Ds m H. AID Of y :" op asr
the control or IN charge Of chure sect
instruction Is gwen poeu 20 any church creed seer or e-
In aid o. any school Instruction wholly
control anu supervision and In ehase OF ne pl9ie nuhor
making such provision tor the education OF the ohnd tho
proper xcept institutions in which instruction IS given
nss%r 70 s i1seo Sse % Ss or So
Laaowment tund hitherto pledged aud appropriated
be leierred the Legislature to be
tornit VITA section Of article Is Of The eonsttaa il
lie published Ior three months previous 10 the time oil such
BILLS IN THE SENATE.
Among the bills introduced were the following -
BY Mr.. Pomeroy. allowing judges OF courts OF record
10 make an order fixing tho compensation or expert
witnesses trial causes; by Mr.. Marvin, that
school trustee shall appoint teacher in his
school district whose term shall last longer
than his own; by Mr.. Robertson, to allow
aliens hold sell and devise real estate the same as
citizens by Mr.. EccIesine providing that case,
except where he is authorized by law, shall judge
give his own opinion as to the weigh. OF evidence to
jury or instruct them to verdict.
NEW APPoRrIoSMgYT
The Governor to-day sent TO the Assembly the fol-
lowing communication in answer to Mr. Fish's res
outon passed yesterday, asking his opinion whether
the present Legislature has the right under the
sttuton to pass bill for the reapportionment OF the
State The Attorney General concludes that tho
Legislature has the right and the majority
in both houses, irrespective OF party lines,
are so confirmed In the same conviction
that Mr.. Brooks resolution. requesting Governor
Alvord's Apportonment Committee TO report bill
within twenty days, will bear fruit In the form of bill
Tor rcapporlonment OF tho Senate anu Assembly DIS
lrcts OF the State much than tho time specl
he'd. This bill, as Mr.. Fish threatened yesterday,
will not probably meet the views OF Mr. Brooks and
his brother democrats.
The following IS tue text OF the opinion OF Attorney
General schoonmaker:-
OFFICE OF Tux ATTORNEY GENERAL,
ALBANY, j an %, 1873 }
To THE HoSoRApfr ASSEMBLY
In eonpl ,nce with the communication transmitted TO
me by honorable body ON the 2ith ast rectns the
s .as a,e as an %,
Assembly among the several counties Of
constitution ana requesting the opinion of me 'ttorney
General tho OF tho present Legislature
portion the state, respectfully submit the following
Section anec of the constitution requires tho
senate districts be BY Legislature
"ts S ss . eys eonSs a. Ss. ri ss s
may be equal number OF inhabitants eScuan aliens
ana persons OF color not taxed, and provides that
the districts shall remain unatersd unit, after
pnaes TIA, the eg.nture At M rs session. alter The
OF Assembly among the several conntes of the state and
requires the boards OF supervisors to divide the several
counties entitled to more than ono member into
apportionment and districts shall remain unaltered
until another enumeration shall be made. These
f. 1916 section III Of article OF that con stitutiSn an
me state az he @ session ne s a snsry e
meraton under the constitution and at no other time. BY
poses duy. It is not grant OF power. he power
without the mandate OF the constitution The
som'tiIuon only regulates the exercise Of the power
aany discretion The legislative oath 70 tho
ZION J. to- seccre the faithful performance Of
lion ne" en-" exercise a mi, nner bv
after the hrst session following the decennia enumeration
be made until the enumeration Ia the Of
the State constitution unlike The federal constitution IS
not grant OF sative covers but series of limitations
All Legislative power is vested in the Senate and As
constitution the power OF the Leeis@tnrc, within the
recognized sphere OF legislation, h supreme ihe People
beneficial power TO secure equal repre-
sentaton and just government all the inhabitants
OF the state a prohibition upon the power BY i'm:
be- against tho public welfare IL be only taken
by the letter OF the constitution That been
done IN ether The language Of the constitution
ana the necessary functions OF the Legislature arising from
tie nature OF system OF government would see
ie"ye ms po~er win reasonable rtainy IN the power
But grave rs this question is conceded and all
ii is relieved from dhcuty by judicial given
g. these provisions many years ago In case OF great in
"A uFi4ln Of
the erection OF the county OF SCHUYLER and the appoon
e the Of the Court ' Of SSpea fs' cUn
sdered ana construed the power OF the Legislature
as Judge sir5 an elaborate oDnon uses Il tins Ian
t has been objected the constituting the Assem-
bly, and the senate districts that they
not passed At the hrst session after the OF
enumeration made in 1859 according to the direction the
constitution Ihat direction has not GENERALLY con.
sdered 50 perempiory to prohibit the performance Of
such restriction designed as 20 the time
n SSa Of snss district, district.
labishod IRON the omission OF direction the
Ircs it should be other tine As to the
Judicial Districts thsre could Of course be 10
ween the prohibitions a. 70 immediae changes in the
remain unalteed until The return OF another enumeration;
bn as TO tue Judicial districts u Is provided mat they
specially designated" page 5o The report OF the
selves orally as follows Ms 20 senate districts ana
Assembly apportonment, they bad to 1851.
ahd tue re sect 81 hrf Imperative duty ~ soo would not
MAKE void The, appointment OF 1917 d'age 5s.l
cvncurred in the prevailing opinions
Judge Gray. who delivered dissenting opinion upon
points IN the seems TO entertained the
same views upon tins question lie says:-"Wesn the
provided apporoument
reorganization made remain unnltcred
until the OF enumeration, they had
reference TO an apporonmcnt aud reorganization iu
rordauce with the constitution and other. and
such appnrtuument been made tha Legislature "a
unrcst aimed from making that shat TO the
authority under when they undertook
fcrred to-. Uaee6 The conclusions OF the emnent artists
have the force and weight Ut the higher Judicial sanctions,
aud furnish authoritative 10 the resolution OF
~. Tho decision OF the highes judie tribunal
ct the state controlling the law officer OF the
all tho and officers OF the The
Legislature has judicial functions Tue adjudicatious
the Court potential for the Legislature Tor private
citizens
This decision was made in 1859 Since that time am md.
repeatedly been adopted to the
but change been In the provisions under
sderiOn, has different Interpretation been sven by
The cited would ther have
u luoicla