New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-04
BILLS THAT HAVE FAILED.
vEToEs BY THE GOVERNOR.

ALBANY, July 3.-The Governor has vetoed
the following bills The Sharpe Receiyership; the
Parker Military Code the Field Civil Code. aud an
appropriation for Cayuga County for State prisoners at
Auburn OF the Receiyershp bin. he says
Fully realizing the force OF public sentiment demand
ing the abolition Of abuses heretofore frequently
been my desire to approve this measure Care
fnl consideration OF the various provisions OF the BILL
however lpeis me nresstby. but reluctantly 10 the
concluson that IL safely be allowed to become
law In two essential particulars there is serious
non whether IL IA not In direct antagonism with the
constitution. Should the Affirmative view be confirmed
by judicial decision the act would be than useless
expensive litigation.
fne first section provides that all property and
tate, real and personal moneys, credits Chains and
effects of every name and vested In any
ceyer Of any nsOlvenI savings hank trust company
insurance company shall on motion Of the Attorney Gen
ea De transferred TO and vested IN the Treasurer OF this
state VINO on such motion, shall be made
session thereof Section two directs that q" the
Treasurer receiver OF any such insovenf corporation
shall forthwith proceed with diligence collect and re-
duce To all its estate and assets and distribute the
same among the parties entitled thereto according
law and within year after he shall become receiver
the affairs Of such insoyent corporation shall he settled
For sufficient shown the Court upon application
Of said Treasurer may extend the time for purpose
not to exceed six months" The constitution vests the
Supreme Court with general Jurisdiction in law and
eqy subject to SUCH appellate jurisdiction OF the Court
OF Appeals as now Is or may Dc prescribed by law"
While it II here questioned that laws may Dc
acted 10 regulate the appointment Of receivers therea
ter II Is oy clear that the Legislature arbi
rarIly officer OF the Supreme Court In ul
possession insoivent OF which Court has
already acquired Jurisdiction IN pursuance OF the cons
tuition anu statutes and designate another officer
ceye and administer tine trust without reference 10 the
judgment or discretion Of the Court. The proposition
tat the assets now vested In receivers sha on motion
oil the Attorney be transferred 10 aud vested in
the Treasurercan only DE regarded Legislative drec
ton that tue supreme Court shall make certain order
property actually IN its custody and under lts
ro for the purpose OF final adjudication. THIS IL
est interference with the jurisdiction OF the Court
matter actually In litigation relating to property ned by
The ninth section provinces that The Treasurer as
sucn receiver snail forthwith deposit all moneys that
snail come into his hanns from tie OF insOyept
corporations In such BANKS in Albany may be desiE
mated receive deposit the moneys OF the state TO
tue credit Oh Treasurer receiver Of the corporation
which snail belong, and such moneys shall be dis
bursed by checks made BY the Treasurer receiver,
ton says no moneys snail be paid out oil the
treasury OF this State Or any of Its funds, any Of The
appropriation by law. and every such appro-
priatlon shall distinctly specify appropriated.
and the object TO which II Is ~ be applied" VIII not the
moneys come into the hands OF tne Treasurer re-
constitute various funds under The management
the State"i II so, they must remain IN his custody
until by law the funds duly appropriated such delay
would cause undue Ia dship to Creditors VINO should
be paid promptly possible The Treasurer is
not TO be receiver nd1s lGuai but receiver
0ciO. II Office of Treasurer becomes vacant, the
ership viii also be vacant and succeeding Treas
Will become receiver by virtue OF Ills onee. HOW,
then the receiver To be separated from tue Ireasurerl
And the funds in MS hands to kept the
treasury What Is the Treasury OF the state mentioned
in tine Constitution IL particular place
the keeping OF money Like the United states treasury
1t Is simply the designation for me moneys In
the custody OF the ITeasurer actually deposited
certain grated banks credit, precisely this
bill requires The deposit OF moneys the credit OF tne
Treasurer receiver dow, then, viii these funds diff
fer funds under the anagemen OF tue state
in its treasury Section IL directs that any dividend
due creditor, which shall NOT DC called Tor wltaln one
year, small covered into the sinking fund vi the
state for the benefit OF the owner thereof" IAis ian
gua-e indicates tnat the money Is already IN the Treas
ury covered mo the sinking iund; otherwise
would be paid INTO the Treasury " the credit
Aside from foregoing questions there other ea
lures OF the bl the proprety ana application OF which
may be seriously doubted. Thus L. Deprivng the
OF all discretion 10 the amount OF security TO DC
gwen by the treasurer as lecey err Before entering
upon nH dulles Ne II 10 execute oohu TOT s9-JVVO Ddt
IT not quite certain whether This means one general
bond or u separate UOnd IN each 2. Inc limited
time III Wnch eacu estate is lred 70 DC closed I III
tue case OF litigation might Dc impossible To
wiynIn eighteen months sin the terms OF the oil In
prruyey require every 70 DO closed IN tLat time.
ProAi Jtng appeal from the Orcer OF the Court
the report Oi referee hAk ls compensation oi SOdh-
sci This would make possible The Repetition Oh ex-
have hereto ore brought scandal on the
law and tie courts A. Removing the business
Inconvenience and disadvantage In tue conduct OF Its
affairs. .. Allowing the Treasurer ana the Attorney
General 10 determine the auOUnG Oi compensation to Do
paid their assistants Out OF the Asses vi nsovent cor
pOrauons without confirmation Dy-tne Court, a1Ors
usual latitude. .. Prohibiting tho Court To permit the
VI Interested party except on the certh
cate Bank Department VI Insurance 5uperinten-
Dent calculated work harm The discretion Of
Court should never o. abridged 10 such extent T. Cow
erlng unclaimed dvldends INTO the sinking Iund at me
expiration OF year would also be likely
Reasonable trouble to paroles entitled 10 their money Oh
an nsOlYent savings bank insurance company invalid
IN woIIS freguenliy cause neon ssio .nd some
times actual suffering Besides, 70 deprive person VI
the night a-sgu claim CONES Little snort II II does not
M ect deprive one Of property without process vi
Jaw.
In regard TO the Civil Code he says;
This bill makes many IauIiesCy radical changes in long
and well established dWs aud us@gcs beyond
have een c0ntempated in the Constitution with refer
10 eOdncatOn Ideas and principles are attempted
to introduced, which separate propositions, Ia
dependent pills. would hardly command support To !
hastily, OF unadYlseds Ia accepting sucA measure,
and giving II tue force ol law, would be unwse ana |
dau gerOus. The appropriate time " consider Its proV
condemned is before II becomes "a complete enactment.
almost accepted fact tnat tAIs Code approved,
would require amendment in many important pdTticu-
Lars. In ana Tor such purpose one branch OF
Legislature after the passage Vi the bill, divided
for cOmmlss examine during the adjournment
and report proper ana necessary amendments at tue
next session. THIS Is an implied admission,
and susceptible OF change and improvement as
10 command consideration VI spec al Committee anu
for the us pose tue end that defects De eliminated
tue Linle oI s taxing elect was postponed un day
ssh. To pass laws Win conceded fauIls and defer
corrected them, Is UNSAFE and dylsaDe especially IN
important as that Oh COue Affecting almost
future Legislatures 10 correct mistakes ana supply
needed amendments. The responsibility should not
DC transferred, with no possible authority 10 COM
pei It. To avoid possible wrong OF the OnoslOn OF L1e
succeeding atures, IL seems preferable ~
bill in ito entirety for their action, rather than
give !t now the form and force OF AN Enactment
In vetOing Military Code, the Governor says that
the bill involves an increased expenditure OF money
rom which it is difficult what advantage is to be
derived In vetoing bill authorize and empower
he state Board OF Audit TO hear, audit and determine
he claim Of Cayuga County for moneys expended In the
rial OF eonvicts for crimes committed during their i'm
1risOnment III Auburn state Prison, and 90 make an |
lward therefor states the ground OF his objection
De that Of its provisions are unconstitutional.
OTHER BILLS NOT APPROVED.