The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-03-15
KILLING THE NEW CODE.
cor. ROBTysONS SCiTHfNG REBUkE
TO THE ILRdvY LIUHfkERS.


Ne Advises the Hcpcni OF the Chapters Al
ready Adopted nnd the Ne-cnnctmcnt of
the OLA Cod--s,m Fighting over the Ap-
portionment-A stormy Caucus Last Night.
ALBANY, March li-Thc morning session
Of the Assembly was almost entirely taken up
with another skrmsh upon the apuorton-
ment question. Nothing was accomplished hr
yond the delivery of dozen or two speeches
and demonstration of the fact that Mr.. Alvord
seems to have the Republicans of the Assembly
well In hand in support of his scheme. Whether
he will be able to hold them until the final con-
summation OF his conspiracy to rob New York
and Brooklyn in order to benefit his party. is
perhaps little doubtful. II is quito certain
that some Republican members in private con
versaton do not hesitate to denouncc Alvords
bill; few on account of the palpahc injustice
Il docs to New York and Kings. and others be-
cause tho gcrrvmanding does not suit them.
Whether they will vote In accordance
with their honest convictions when the inal test
comes. is. however. very doubtful rs the arh-
trary manner in which Alvord has thus far used
the party whip seems to indicate that he will
whip them into line unto the end. As yet Mr..
Astor has given no sign to show what he thinks
OF this scheme TO rob the city OF New York. but
Dr. Polar Hayes IL said TO be in full accord with
H. go long as the Sixth Senate District is manip-
uated so that he thinks he will be able to carry
II for himself one year from next fall. Only ono
test vote was reached to-day. and that was on "A
proposition to give New York twenty-five AS
ecmbymen and Kings thirteen. This was lost
bv voto Of So to AS n few members being alb
sent and others dodging. When the bill comes
before tho House. however. the yeas and nays
will be called for and every man will have to go
on the record. The more the merits Of Alvords
al IA. .,lt tta, ant
that the intention is either not To pass any bill
at all. or II one is passed to make II so OBJ
iectionable that the Governor Will be forced TO
In the night Old Salt decided rs to how he
would dispose Of the two wards and the part 81
which he prepared his bill. were omitted entire
" from Il as originally reported. He gave
ton at some future time. Unless he again
changes his mind. which he is liable TO do. it is
on Of the Fifth District OF New York ana atacR
il to Queens and Suffolk in the First District.
Thn SG,n he wvra w add add the %s@ W@a q the
Fifth District The. Twelfth and Nineteenth
Wards, which in his bill were placed in two dis.
Hamilton Fish, Jr;. who had the Job Of errssng,
complimented by Old Salt upon the success OF
his first attempt at eerrymandering.
os III ,p1 ssa man asaps p
the injustice Of the bill presented by Alvord and
appeals to Old salt and the Republicans to pre-,
serve at least the appearance Of fairness and
respect for the Constitution in making the an.
portionment; But at all such appeals Old Salt
members. like Jacks in the box bobbed up or
kept their seats at hisbeck 70 defeat any motion
Thospetch Of the day in opposition to the bill
was made by Mr.. Brooks, in which he reviewed
the sg1eton hn bsd OF the des last !Tsne G % ysrs
debtedncss without the consent of the people or
the local authorities. and that the. city has a
= popuisti9n calls : for: Or That number is at
least rs. and even "a members would still leave
q large deficiencies a. some other sections
IL Il noticeable that thus far in the discussion
has defended 1t on the floor. In replying to Mr..
Brooks to day he said that he agreed With him
of the city. But. he said things must be taken
as they are. As a result of the computations II
was found that New York and Kings with tweni en-;
an unrepresented population OF l2O.Ob. while
the remaining thirty-four counties. after de-
member each. would have an unrcprcsented
population Of 100000 or 100000 If New York
70 given twenty six members and Kings thir.
teen, the outside portion of the State would
have IN unrepresented population OF over 800
900. while New York and Kings would have but
The bill was again made a special order for
tomorrow morning. the House agreeing to
To the surprise Of Montgomery Throop. and
the Charmen of the Judiciary Committaes in
DOtu f1ouefs-NffltlfI hhu'flSpu anu MI VIZ
berthe Governor to-day sent TO the Senate a
veto OF the new code which was rushed through
eos aoHsJ hIuss m Tqns m os Of Id th on IN @
There was a general expression OF satisfaction
among the members when the encouragement
of the veto was made. There is not the slight
est probability that the code can he PASSED over
the veto Of the Governor. The following are the
points OF the Governors veto
THE VETO.
] return. without approval. Senate bill No.
124. entitled An act supplenental 10 the Code
of Civil Procedure" The bill contains SO many
and grave defects that should fail of my duty
ii ! consented TO its enactment.
My first objection is; that It was never consti-
sHbSnay tuition passed ia Tne w Journal of tbe sne
motion in that House. We're To sign tins bill.
should but open the door to interminable CON
troversy over the law which is itself to regulate
State might be thrown mo confusion
easily easily obvated by its r return Tor for cor' r.
rection in that respect. but The broad fact re;
the entire session, a bill which touches the per-
son. the property; the rights and tie liberty Of
than any other possible enactment concerns the
welfare ana prosperity OF our people. has been
passed through both Houses ofthe Legislature
without a reading. in less time than If would
requlre to read twenty Of its .s24 sections
Probably not more than two or three members
OF the Legislature have read tenth part Of its
contents, and therefore the assertion Is warrant
ed that the bill has IN no sense received the IN
further argument against the bill in my
judgment IS that of the petitions and sugges-
lions gathered in its favor. scarce single one
fails to qualify It's approval by the suggestion
that considerable amendments are necessary
All discussions Of this act admit that. If passed
1t must be at once largely amended. II is Il
serious consideration in regard 10 II. that its
passage is simply the prelude 10 its material
alteration.
Az particular objections note:
section l.5Ol provides that an action of
electment may be- maintained by the grantee
ms helr or devisce. in his own name al
though at the time Of the conveyance under
which he claims the property conveyed
was held adversely to the grantor" This
section is intended to dispOse Of the
last remnants of the law Of chamll ,r,y n urinrl-
pie whlch antedatrA 10y centuries the foundation
OF our government. Under this sweeping SEQ,
tlon all me gross evils which are now restrained
by the Revised Statutes viii b." l.t loose mon
The community. It's already fayorite plan oi
Dlackmall IN larg" cities To take a deed of real
estate TO which the grAntor has not the shullow
OF claim. ana on that pretended title to COM
monce an action against the legal owner file
notice OF its pendency. and then make offer Of
its settlement at u less figure than 1t would cnst
the unfortunate owner 10 obtain legal opinion
as To his title or 10 dismiss the complaint
Again. sections 500 | 1856 make extended and
particular provision for what is called an me-
ton to recover a chatte." This IL n long and