New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-29
A VETO THAT WILL Not VETO.
GOVERNOR GREENS MESSAGE RECEIVED.
CONSTITUTIONAL REASONS FOR NOT APPROVING
THE COUNTY OPTION-HIGH LICENSE BILL.
fBY TELEGRAPH THE TRIBUNE.)

THE COUNTY OPrION-HIGH LICENSE BILL.
IBY TELEGRAPH TO THE TEIBUNE.l
TRENTON, Feb. Ex-Governor Green's veto of the
County Optron-IlIgh License bill came into the
House Of Assembly this afternoon just before the
usual time for adjournment II taken up i'm
mcdiatCly, read through, listened to with respect
ard laid over until tomorrow under the rule Of
the constitution when it will be oyerrdden by the
Republican majority. The message was written at
home, where the Governor is still confined by i'll
ness and it shows all the marks of great care and
labor. II sufficient 10 say that 1t has not shaken
the opinion of any lawyer Of the Assembly or
Senate. Opening with the frank confession that
he has no idea that the arguments he may adduce
will have any effect upon the final passage OF the
act the Governor should not he surprised that the
Repuilicans are inclined TO take them at his word
Ills argument MAY ne INlucu IntV titt,e I"'i'~r
and IL may he said right here that each OF these
had previously received the careful consideration
of the leading Republican lawyers who drew the
bill and thnt they dismissed each point as lnsuil-
cient TO make II valid objection The hrst point Is
that the classification Of the towns and cities Tor
the purpose Of difIercntiating the license fees Is
not legitimate under the Amended Constitution. the
Governor contcnding that the amount OF the lees
cannot be regulated according to populaton'though
the numbers Of saloons might be. In this contel-
ton the Governor differs with the Supreme Court
in It's decision ON the District Court Act upon
which the present law was based.
His second point, which is rather one of policy
than of law is that the law places responsibilities
uopn the Circuit Court Judges which add unnrccs-
saIijv to their duties involves tc courts III pOpA-
lar disputes and tends to such an encroachment on
the executive power that the intent of the consti-
tuition is violated.
The third and principal argument is against the
local OPTION clauses and is based upon the not ui-
familiar argument Of the delegation OF power Inc
Legislature cannot, the Governor asserts, reegale
to the people the duties which belong to ltseI
alone. of deciding what laws shall be IN effect III
the State and what shall not. The possible eX-
ccptions to this rule, he declares, cannot be appeu
to tried case and in further support OI tlls sen-
eral argument he applies the peculiar constitution
of Nev-Jersev with its prohibition Of special eglS-
lation Herein he again differs with the C"urCs
and notably with the Supreme Court of the Inlted
States.
The veto has, ia fact, been discounted, and us
effect upon the Legislature is astOnshlngly hSht'
all things considered. There have been innuher-
able reports of dcfectons it is true but they have
been traccable to the extraordinary efforts OF tHo
brewers and saloon keepers Of Newark and jersey
CITY made yesterday, which have caused great
deal of smoke, but have not Affected the situation
in any practical sense. In other words there Is 10
indication that any Republican who voted iOr tuc
bill ON It's passage will hesitate TO vote Tor IL asain
,vhen the question of overriding the veto Is
raised Two Democrats voted Tor the Dlll Ill lhc
first trial who may weaken now but even this IoS'
is said to be improbable. Inere are sulhcienG ho-
uublican votes in any case. he veto VIII pe
taken M tomorrow in the House ana the Sehhlc
will consider il ON Thursday beyond any reiIsoh-
able doubt.