New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-04

no injustice should be done. either to those who.
while not possessing full control of their mental
faculties, yet ought not to be confined In an asy-
lun, the people Of the State. who. II Is to be
feared, are not infrequently burdened with the
support Of those who should be cared for by their
relatives. who possibly are able TO earn their
own living Considerations both Of public econ
omy and private right, require such safeguards,
and as an important step in this direction the
whole proceedings and testimony in commitments
OF the insane should be made matter OF more
complete and public record.
Provision should 0lsO be made for immediate
hearings upon applications for discharge. where
recovery is alleged, without subiecing the friends
of the person whose discharge is asked for to OK
penslve and complicated legal proceedings. These
hearings should properly be before board Of COM
petcnt aliensts The State Board Of Charities has
given its consideration to this general question In
its report about to be submitted to honorable
body and particularly call to your notice the
conclusions there presented.
REFORM IN THy CRIMINAL LAW.
It is suggested that the practice on appeals in
criminal other than capital cases. be modi.
fled by statute, tn permit the Court Of APP
peals to affirm Judgment OF conviction. n0twith-
standing the admission of imDroper testimony
against the accused, where the court is unanimous
ly of the opinion that there sufficient other
and legal evidence produced upon the trial to war
rant the conviction. and is satisfied with like
unanimity from such legal evidence that the &c
cused is actually guilty of the offence charged III
the indictment.
Under existing practice the Court Of Appeals
has no discretion in such cases. but is required TO
grant new trial. II is believed that the mOdi-
fcation proposed woodwork no real injustice, and
greatly facilitate the administration of justice
and more thoroughly and speedily insure the pun
ishment of the really guilty.
CONSTITUTIONAL AMENDMENT.
The Legislature last year passed concurrent
resolution proposing amendment to Section
of Article VI of the Constitution. providing for
facilitating the determination of causes the cal
endar of the Court of Appeals | recommend the
n
session. and the submission of the question of the
adoption of this amendment to the electors of the
State. The proprety Of the adoption of this meas
ure, or some other appropriate plan for the relief
OF the Court of Appeals in the prompt disposition
OF Its calendar, seems to be very clear.
THE CONFIRMING POWER.
| recommend the passage Of an act abOlishing
the power of confirmation the part of the Senate
in all those where it is not required by the
Constitution itself
The authority requiring appointments to be con-
irn.ed by the Senate is mainly the work of egisa
ton. The Constitution requires that certain mil
itary and judicial officers aud. in addition thereto,
the Superintendent Of State Prisons and the Super
intendent of Public Works. shall be appointed by
the Governor by and with the advice and con-
sent Of the Senate" These are the only officers
which the Constitution provides shall not be APP
pointed without the confirmation of the Senate.
Wherever such consent is necessary IN reference to
other officials it, is by virtue of some legislative
enactment which is itself the subject OF modliica-
ton repeal
The entertainments by the Senate upon tnc aD-
pointing power of the Executive have been grad
ual and persistent until there is scarcely an I'M
portant position left within his gift, which Is not
subject TO the approval of that body. The eager
ness with which this power has been grasped and
retained is apparent when il is stated that, under
existing laws, the Executive cannot even appoint
% single Notary Public Except during recess of
the Senate, without the consent OF that branch of
the Legislature. Neither can he suspend nor re-
move, upon charges, any officials appointed by
himself, with the confirmation OF the Senate, with
out the consent Of that body. with the exception
Of Civil Service Commissioners who are properly
regarded by the law as holding scmi-c0nfdcntial
relations with the EXccutvcl and one or two
other officials No matter how serious may be the
cha, ges, or how urgent the necessity for action,
the Senate must be convened and its lntcrpoSition
invoked.
While under the provisions of the Constitution
the executive alone Is empowered to suspend
certain State officers although elected by the whole
people; yet so carefully have the prcrogfives OF
the Senate been protected by legislation. that he
is pOwerlcss to disturb for cause any official, no
matter how dcrclict he may be, whose appointment
is dependent upon the confirmation of the Senate,
unless the Senate consents to such suspension The
history Of the State shows that this power of con-
firmatiOn conferred by legislation has been abused,
and that it is no longer wise to retain it. There
should not exist n divided responsibility in refer
cnce to such appointments Either the Senate or
the Executive should be vested with the full power
and responsibility.
1t is notorious fact that for many years nom
nations sent 10 the Senate have not been disposed
Of upon their merits, but have either not been
acted upon at all, or their Opposition determined
upon partisan or fractional grounds Unexception-
able nominations have been " hung up without
any action whatever Excellent men have been
rejected. Good nominees have been refused con-
firmation solely because OF political considerations
Officials whose terms had expired for many years,
have been retained without justification or reason
able excuse, simply because they were in political
accord with the Senate, or with faction OF the
Senate. The confirming power has virtually
usurped the appointing power by q refusal to con-
slider nominations upon their merits. 1t must be
assumed that such state of affairs was never con-
tempated when the confirming power was first cS-
tablishcd. and it is evident that ITS further con-
tinuance tends to an avoidance of essential re-
sponsibilty in the proper administration of public
affairs and in its practical effect operates as an
obstacle to good government.
single instance only need be cited. In 1883
the Legislature passed an act to secure an I'M
proved administration of alien immi gratiOn' abol-
ishing the old irresponsible" management, which
investigation showed had become Il scandal and a
stead "a singlc-headcd responsible official. with
powers and duties limited and accurately defined,
so as to prevent further scandals and abuses.
Governor Cleveland. in "a special message to the
Legislature, pronounced this act " the best RENE
dial law of the session., but. unfortunately 1t pro-
vided that it should not 90 into effect until the
new official should be nominated by the Governor
and confirmed by the Senate; and, although I'M
cXccptionable nominations for such new position
have repeatedly been made by the Executive to
the Senate during the past few years, that Dody
has heretofore refused to confirm any of them:
and the State, ever since 1883 has been deprived
of the benefit of this reform legislation. and the
sensions abused advantages and barefaced job
berry has been pcrpctuated to this day
THE sENATE's POWER AND DUTY
But. whatever just differences of opinion may
exist as to the propriety of a continuance OF the
Scnate's advisory power, there can be no well
founded difference upon the proposition that while
such advisory power continues it is the Senates
duty to take some positive action within "a reaSon-
able time. Even the most earnest advocate OF
the prerogaiyes OF the Senate can hardly have the
hardihoOd TO assert that 1t was intended TO give
the Senate power to oDstnately obstruct the prog
ress of the administration of important State
affairs That the Senate as IA reviewing BODY,
may i'll its wisdom, under present laws accept Or
reject good material presented by the Executive
for the formation of IA complete system OF admin
istration is true but that 1t has properly right
TO altogether refuse to reject or accept material
is denied. In every practical transaction III the
business world no such indefinite situation OF
affairs is possible, and there should be no such III
definite situation in the matter Of nominations.
After Nomination has been presented 10 inc
nd fai inn for