New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-26
GOV. HILLS LATEST TRICK.
A MESSAGE ON THE CONSTTTUTIONALITY
OF TIE SAXTON BALLOT-REFORM BILL.
INVITING THE LEGISLATURE TO JOIN HIM IN
ASKING THE COURT OF APPEALS FOR AN
INFORMAL OPINION - THE MESSAGE
REFERRED LIVELY DEBATE
fBr TELEGRAPH TO THE TKrBUSE.I
IN THE SENATE.


Albany March Ex-Governor Hill somewhat
astonished Senator Saxton and Assemblyman
Acker Yesterday afternoon by sending them word
that he would like to have talk with them in
the Executive Chamber. Mr.. SaXton was espe-
cially surprised upon reading the Governors note,
as he had heard that the latter would send
message to the Legislature that night vetolng the
Saxton Ballot Reform bill: but Mr.. SaXton and
Mr.. Aclcr both resolved TO accept the Governors
invitation. and late in the afternoon entered the
Governors room together. Mr.. Hill speedily eN-
planned the object of his invitation.
lie had carefully examined Mr.. SaXton's Bal
lot Reform bill and he p.incd TO have to con-
fcss that he thought it unconstitutional Still,
as there n great popular demand that 'h'
bill should become a law, he was willing that the
opinion Of the Judges Of the Court OF Appeals
should be taken informay-not as members OK
the court but as distinguished lawyers-upon the
vcxcd question Of the consttutionaiity of the bill
He intended. therefore. to send message to the
Legislature, recommending that body TO pass a
resolution requesting the Court Of Appeals TO
express its opinion informally upon the constitu-
tionaity of the proposed law. In view OF his ln-
tcntion 70 send such message 10 the Legislature,
he had deemed il only right that Mr. NaXton, as
the author of the bill, and Mr.. Ackcr, as chairman
OF the judiciary Committee Of the Assembly,
should be informed in advance Of his design.
Mr. Saxton expressed his regret to the Gov
crnor that the latter did not think the act con-
srtutional one and his own firm belief that 1t
was Mr Acker and himself then. after thanking
the Governor for his courtesy, left the Executive
Chamber and Informed leading Republicans ol
what Mr. Hill had said 1t was thought by all
who heard this information that 1t would De
best to hold conference in the evening, and con-
inch
conference was held BY leading Republican Sen
stors and Assemhlymcn, at the house Of Senator
Fassctt in IIawk-st.. as soon as the Legislature
adjourned last night. The subject OF referring
the Saxon bill TO the Court Of Appeals was de-
batcd with thoroughncss; because II was rccog-
nizcd that as party leaders. the Republicans OF
tie Senate and the Assembly had great response
bility upon their shoulders In deciding upon the
course Of action 10 be adopted in the matter.
The opinion was unanimous,7 said Senator
Saxton TO-DAY. that We should not adopt the
Governors suggestion. II was also unanimous that
Mr. Hill was attempting To shift of his own shoul-
dcrs upon thos Of the Court Of Ap-
pealS or the Legislature tho responsibility
which belongs 10 himself alone. Of defeat
ing This reform measure The Legislature had
shown by its action in passing the bill that It
believed II 70 be a constitutional measure why
|
by soliciting the opinion on the bill OF the Court
Of Appeals
rRcsidcs il was argued that we would establish
q bad precedent by asking any such opinion Of
the Judges OF the Court OF Appeals. They could
answer only as lawyers, and not as members oi
court: and II would be quite possible th't
valuable legislation perfectly constitut.onal might
be r. cctcd owing 10 some hastily formed opinion
of the Judges whereas If it had been passed
after careful consideration by the Judges as
/ court II mighr bc held To be- perfectly constitu-
iional Accordingly decided that Governor
/ Hill must himself assume the responsibility OF
killing the bill; and We resolved To REJECT MS
/ proposition.
These views expressed by Senator SaNton were
ecbocd b, senator Fassctt Speaker Hustled. Sen
a,or O'Connor, senator Erwin. AssemblS Sman
Acker and other Republican leaders. When there
fore the Legislature met. at II o'clock, the he-
publicans had their plans formed for dealing
with the Governors message. and were not con
! fused in counsel when it read In both the
S..nafc and tie Assembly II had been in the Scna"
that the chief debate upon the message was heard
| by those who visited tie Legislature during the
day.
The message was as follows:
| To Legislature.
| senate nil so H. generally known as the "SsNton
nailo. Reform Bu" Is now before me for consideration
a. f. w, known 10 establishes system u voting
In The State II abolishes the existing election ia"''
and the changes contemplated arc conceded 70 De most
mnort,nt and radical. The objects which II PROCESSES
to accomplish ARE uuquc-tonabiy comnendaDl". Many
q, H. features are excellent and several have been
recommended bv In my annual messages d"rms 'h'
past yc.s but certain Il H. provisions are oeoN''
by me ho violation of the state constitutions l"'
conviction f. d,cp.,oat'd and controlling and has been
confirmed hy opinions by many leading lawyers
OF the state.
! u~tl Ia % l~lt
,nnr, the , I'm IL, present -hapc. consistently per
ni, ~ 10 become a law without MY sign tur'' nav
Lowev,r ~ n,rc pride Of opinion IN th "''r anu vi"
h..r,lly ar1ul,-cc when convinced that my views are
,nound rn, bill affects public Interests, and re-
la: to the -acrcd rights Of suffrage and the hiRh pre-
roeatlvcs ~ ctlcnshp but n II should %" 'h'''" '
law the objectionable provisions ARE 50 interviewer Win
the other features ~ the measure that SERIOUS 'o7'
oucncc, and much confusion and Injury must hcNlabN
cn-, Z snail thereafter appear that the ducStlonao'
pr,,on, or any portion thereof are In conflict win the
constitution In that the whole election machinery
Of th, state would be- broken down and destroyed.
Tin. adv,atv Of an early adjudication of the validity
Of this proposed measure especially ""' tn' p''
j. la apparent The best interests Il" ''
State would be subscrycd. and the cause or eector re-
form greatly promoted and it~ success ha'tcn'd u'
on-titutoualty OF these provisions could be informally
d, cfmincd by Court Of Appeals at thS uH' l"r u
on and guidance both the Legislature and the
Executive The constitutions of several states ho's"N
Massachusetts, Maine cw-iiampshire, Colorado ana
Florida expressly provide that upon the application OF tn'
Executive aud in two OF theD upon Dhe apP'"'o'
~ the Isgislaturs highest court OF such state snail
render an opnion Informally the consttuonav oi
any proposed pending before the Executive ana
upon may desire such information Tor his oca'
action.
IL 4, To he regretted that such provision Is NOT
contained In the constitution Of our own state OuI III
view OF the vast importance OF this particular measure a.
well dangers which may be avoided ana OF inc
good results which likely to ensue II better undcr'
standing of the questions supposed To be In
yoyed can be arrived without litigation and without
her conflict the Legislature and the Executive
H. l. believed Court ~ Appeals upon The Joint request
N r,c IcKhlat,irr Executive would matter
OF courtesy due coordinate branch OF the Stat"
Government readily undertake to examine the proposed
mca sure and Informally express opinion as to the con-
stitut, nality Of s provisions
This wholly without sanction or precedent
Formerly the Chancellor and certain Judges OF the Old
supreme Court a. members OF Council OF Revision"