New-York tribune., 1879-05-02

proposed bill involves the exercise OF the right OF
eminent domain, notice OF the intention to file such
bill il required TO be served upon all persons whose
property is in question: and the Legislature is for
hidden to consider such bill without actual proof
that this notice has been served. The Legislature
is also forbidden to consider any private, special or
local bill which has not complied with the re8uia-
tions just mentioned unless the rule IL suspended
by vote of two-thirds OF both houses.
The second feature of this scheme Of reform is the
creation of a new board of officers. who shall see
that these prelIminaries Of legislation are properly
conducted, and who may-such is the hope OF the
promoters of this plan-supply thing OF that
hereditary experience and that pracficed skill IN
law-makng, which are 50 sadly lacking In most OF
our State Legislatures. These officers to be
three in number they to be called Examiners.
to for terms of two, three and four years re-
spectivey aud to receive salaries of MT more than
81. 700 each. Their duties would be to make sure
that the notices of legislation had been properly
gwen to examine the records of the Secretary OF
States Office to find whether objections have been
filed during the twenty days to be allowed for that
purpose and thereupon TO report she various bills
with tho objections if any, to the Iogislature Tor
distribution to the committees. This part OF the
scheme, which also involves tho idea of some
IcNlSiOu ol DiilS, ~ d5 DcihB III
ogy to legislative practice in England where parlia-
meutary draughtsmen employed to revise bills,
where, in the House of Commons the Speakers
counsel examines and reports upon public measures
as a special part of his duty, and win, re measures
affecting commerce or trade are submitted to great
commercial bodies.
The third feature of Mr. Sterne's bill is an at
tempt to give judicial character to the proceed
ing5 ofcommttocs upon private, local or special
bills At least weeks noticeIs always to be given
of the /" trial of bill, and upon the trial testi-
mony shall be received and counsel heard on both
sides; there shall be APPOINTMENTS IA in courts OF
justice and committees shall have power to call
for persons aud papers; with the consent of a SUI
prcmc Court Justice, to punish for oOntempt; and
if they find that bill has been maciOusly opposed,
to infict fine, not to exceed $500, by vote OF
two-thirds of the committee; also to intlict like
fine when individuals corpora ions have been
" "uureasonably called upon" to resist legislation.
If there any precedent for these proposed fines it
has not been advanced aud it is altogether absurd
to suppose that any of our Legislatures would
authorize such a system of penalties. Il is far from
being certain, too, that it would be desirable 20
have such a system. when. it is remembered how
bitter local political cuarels are, and how likely
it would be that such power wonld be abused.
Still another feature OF the bill is founded upon
phase in the power of the English Court of Chan
cery. This Court has exercised the power Of enjon-
ing party from prosecuting private bill before
Parliament when such bill would impair the obi
CATION of "A contract, express implied and the
Municipal SOciety's bill authorizes the Supreme
Court OF the State to enjOin the prosecution of
bill if there are constitutional objections 10 it.
Such in brief, the main provisions OF this rad
ical measure. Ii is sufficient to say now that
If all these changes were wholly desirable, 1t
would still be hopeless to expect their adoption
until after years ofdiscussion and agita ion; and
that there are grave objections to some Of Them at
least easily apparent. To cite only instance,
let any one who remembers the frequent injunction
scandals in this State, and the loss of prestige which
has often attended decisions in political eOntrOver-
sizes by the courts whose members are themselves
often fresh from the political arena, reflect what
might follow if the power OF fenjoininG ctzons from
pressing bills before tho LEGISLATURE were conferred
upon the various Supreme Court Justices OF this
State.
There is one part Of the scheme which might well
be adopted however, and could no doubt be carried
at once, if the Municipal Society would make it a
separate measure, and not insist upon grouping all
Of these ideas together The mistake Of reformerS
is usually to attempt too much in one effort; little
at time goes further in the long run. Let bill be
presented requiring the Clerk Of each house of the
Legislature to advertise the introduction of any
local or special bill in two papers having
large circuations in the town, city or county af-
fected giving notice at the same time Of the first
hearing before the committee to which the bill has
been referred. THIS looks like small reform, per-
haps, but it would prevent the claudestiue legsia-
ton by which the State ia sometimes Gisgraced.
Ye who are coming TO Now-Ynlk from the rural