New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-05-12
TIE GOVERNOES LATEST PROPOSITION.

On the eve Of the adjournment OF the Legs
la,ure the Governor sent message 10 that
bodv suggesting an important amendment 10
tho Constitution. The fact that the organic
I.yv nrovides that each house shall he the Judge
Of the returns. qualifications and elections OF
a. mombcrs is one which docs not meet with
his approval lie thinks that all contested
o,oction cases in the Legislature ought to he
settled in the courts. In support OF the pro
noscd constitutional amendment he argues that
tho method which he aSSails Is not " IN harmony
with our cardinal American idea OF the distinct
soparation Of the legislative, Judicial ana eN-
ccutivc departments of government vestlng' a
il docs. each branch of the Legislature with
judicial functions
Il is calculated to surprise the public 70 learn
that the Governor favors the distinct separa-
ton of departments OF government since
was ONLY the other day that he came ont with
\ message looking 10 the temporary annexation
of the Court of Appeals TO the Executive. Ger
tainly such a separation i not TO be regarded
AS a cardinal American idea. The TACT tha'
David b. Hill has been able by tho use OF the
veto power lodged with tho Governor 70 delca'
great legislative measures, like those proVldlhH
for a census and for convention 70 revise inc
OBSERVATION-DISCLOSURES the passage oil Wh'h
tho Constitution itself makes mandatory on the
Leci,lature-is fatal 10 the theory OF " as
tinct separation" But if the Governor j. really
convinced that a complete separation ought 20
be made then lct him begin his reform where
charity begins Let him, first of all propose
an amendment 10 the Constitution dcpnVinH
the Executive Of the veto power. Why not
He asks for the change in tho method or ne
tormining contested election cases in the Legs
la,ure on tho ground that the existing method
has led 10 tyrannical abuses OF power But
such tyrannical abuses have been more than
matched by veto abuses. The present Coy
ernor has used his veto to bring to naughi
tho express mandates Of the Constitution to
,chich We have referred. and 20 defy the re-
form sentiment Of the safe in is demand for
legislation 10 protcc, the homes from the on
cro1chmcntS Of the saloons and the b3llot-boX
from brihc-giycls and strikers.
This j, not the first time that the Governor
has tried his hand AT rcmodcllmg the Legs
la,urc. In his annual message Of lsss he sug-
ccs,cd that law should be passed aholi'hng
tbo power Of confirmation on tho part oI the
Senate in all those cases where II j, not Ic-
ouirod Lv the Constitution itself In discussing
this propo,ition he remarked that " tho trainers
of tho Constitution evidently never
anticjpatcd that time would come when OBJ
stinato obstruction would have been called
statcsmanship" Doubtless 50 if they had
anticjpatcd such time either they never
would have given the Governor tho veto or else
thcv would have carefully restricted itS cXcr-
else. II must be clear 10 sensible men that il
Hill has AT heart the perfect separation Of thc
three departments Of government then, aS 4
Guarantee of good faith and unScliiShncss. he
ought 10 begin bis campaign by declaring that
the veto must 90. A. 70 the change which he
suggests in regard 10 contested seats in the
LEGISLATURE il is to be said that il is not cal
culatcd to commend itself 70 the people. The
average length Of legislative session in this
State is not much over four months. send a
contested Gle, tion ease to the courts and the
chances are considering the laws delay that
in the majority Of cases a decision would not
be reached until after final adjournment. The
contestant for a scat in the Senate if successful
might enjoy his rights during the second year
Of his term. Bet how about contestant for
seat in the Assembly, the term OF a mem
Der of that body being but single session?