The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-16
The Last Legislative Session In the
Old state CnpitOl.


yesterday, after session of one hundred
and thirty-fve days. We should be well
pleased if truthful press could re-echo
the praises lavished on its work by the pre-
siding officers of both houses. 1t is always
more pleasant to approve than to cor denim,
and if we could believe that the Legislature
of 1878 would Ego upon the record unfair
nished in it's reputation and with an
honored name" the HERALD would be
the first to make the gratifying acknowledge
ment. But we look in vain for any evil
dence Of craftsmanship or Of desire
to legislate in the public interests in the
history Of the session that has just closed.
There were certain measures which COM
mended themselves especially to the con-
sideration Of the peoples representatives at
Albany when they assembled in January
last. Prominent among these were an APP
portionment law for the State and an excise
law for cities. The Apportionment bill
ought to have been passed in 1876 in accord
ance with the requirements Of the constitu-
ton. In that year the Legislature was in
tue hands Of the republicans, and that
party's majority continued in 1877 and in
the present year. The census Of 1875
showed that while the population Of
the rural districts had mainly re-
NAMED stationary since the enumeration
of ten years previous, New York and Brook
Ign had greatly increased, thus emitting
those democratic cities to larger share OF
representation. The republicans disre-
garded the constitutional provision and
refused to reapportion the State for the
purpose of depriving the democratic party
ton. This shameful act, violating the oaths
of the representatives and striking at
the foundation of free government, is alone
sufficient to tarnish the reputation and dis
honor the name of the Legislature upon
which the Lieutenant Governor and the
Speaker Of the Assembly bestow such
liberal praise. It is outrageous that
the State Of New York should, in
1878, for partisan reasons, be COM
PEELED to elect its representatives to the
Legislature on the basis Of the population
of 1865. A proper excise law for the cities
of the State was demanded in the public
interests, both as a means of revenue and
as a check on unlicensed liquor selling and
police corruption. The friends Of such
law were commercially moderate in their
propositions and were ready to concede
to the temperance advocates the most
stringent police regulations that could
be devised as check on licensed houses.
60 ;c,o s}o nd al
any concession that would relieve the cities,
and, aided by partisanship, which hoped to
embarrass the New York democratic city
government by continuing the existing
muddle, succeeded in defeating every excise
measure that was introduced.
There are other evidences besides these
of plentiful lack of craftsmanship and
sincerity among the legislators of 1878. The
condition Of tho code is deplorable. We
have cumbrous and incomplete code now
in operation which is condemned by the
ablest and IN ost experienced lawyers in the
State. A supplemental code was passed
and wisely vetoed by the Governor. The
Legislature had not the courage either
to pass the new chapters over the veto or
to do what the Governor and the principal
portion of the Bar advised--namely, to re-
peal the chapters heretofore enacted and to
return to the old code. The Superinten-
dent of the Insurance Department was
tried by the Senate during the session
on charge of having violated the
law of 1873, under which examinations
of insurance companies are required
to be made. The defence Of tho Superin-
tendent was that the law in question had
been disregaried because it interfered with
the proper discharge OF the duties of the
department and prevented satisfactory ex-
aminations. Upon this plea he was acquit-
ted. Yet tho law thus deliberately con-
demned by the Senate has been
left unrepealed and unameaded This
was neither the work of statesmen
nor of honest legislators. Either the
acquittal of Superintendent Smyth was, as
was charged, corrupt political bargain, or
the Senate stultifed itself in not accom-
panying its verdict with n recommendation
for the repeal of the law the Superintendent
had admittedly violated or suffered to be
vi lated. The untarnished reputation and
honored name Of which Speaker Hustled
boasts are certainly not discoverable in these
incidents Of the late session.
Some good measures have been passed
during the session, and for these we give the
Legislature full credit. Among them is the
City Funded Debt bill, which establishes a
definite financial policy in the municipal
government and will materially aid the city
credit. Under its provisions the sinking
fund is secured from future experiments
and becomes. rs it ought to be. a pledged
security tor all the public indebted
ness. The bridging over" policy, which
has served to prevent any reduction
Of the debt and to encourage the mourning
OF new liabilities is now at an end. BY tho
requirements of tho now law whenever the