The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-06
WHERE REFORM IS NEEDED.
cor HTLL CALLS ATTENTION TO
ABUSLS IN ELECTION CONTESTS.

ton Directing That Contests tor E.epIs-
iatIvo Onlce- shall be Decided by tho
Courts Instead OF NJ Nnw by IA PartI.
snn Majority OF Each House.
ALBANY, Nav D. Gov. Hill sent the follow
ing message TO tho Legislature this evening:
STATE or NEW YORK.
EXECrTlvE CHtTRER.
ALBANY, May b. 1890.
Recent arbitrary acts OF partisan maoritos,
both in Congress and in various State IeRisu-
lures, have induced me to suggest to your hon
orable body whether radical change Is not
advisable in our constitutional methods Of de-
terminnc contested elections.
In country where there are 30 many cleo
tive Offices it is not surprising that there
should be many disputes over tho question of
title to Office. and tho story OF the Adjudication
OF the claims OF rival candidates forms no nm
important feature OF our JURISPRUDENCE and
our political history. Tho interesting fact is
present cd. however that in our century and
more Of political lie We have butt M two
radically differing systems Of determining
contested elections one applying TO contests
for all executive administrative, and judi
cal Offices and the otner applying only
to legislative Offices. For tho deter NINA
ton o! tho former we depend upon the
mnrhir ,ry OF the courts, aS we properly
shoul.; but for the determination of tho lat
ter we have invested our Legislative bodies
"dh judicial power in that provision OF our
Constitutions which makes each House the
Judge Of the returns, qualifications, aud cleo
tons o. IT'S own mcmherS. This assignment to
tho LOGS allure OF certain purely judicial func-
tons seems to have been accepted without
question from English precedent mt the time
Of tho framing Of our Federal and state Con-
slitutions. but often has the Legislative
power thus conferred been abused, and so
strong seems tho tendency with increasing
years to abuse 1t, that the question is sub
mted wei worth considering. whether
grave dangers do not threaten us in its roten-
ton.
The history OF the exercise OF this power In
the House OF Commons is instructive In the
light which it throws upon the affirmation Of
the same principle in American Constitutions,
and in tho results which followed its ailirma-
ton in England When, in the reign OF Edward
Ill. the formal separation OF Parliament into
two branches took place. the House OF Com
mons was u comparatively feeble body. tot
jealous or even conscious of the rights and
privileges which it aitcrward claimed and
cured. and disputed elections. If there were
any. were probably decided by the Crown, or
by judicial officers in sympathy with the
Crown. AS the Commons. however. became
more powerful and assertvo, and occupied an
attitude more or less hostile to tho Crown. the
House claimed the privilege OF being the Judge
OF elections Of its own member. The privilege
was exercised to some extent during tho
reign of Elizabeth. but its exercise seems
sumption Of the IurisdclioH by the Court II
t,. s,e wa" Sows in With srfat
Of privileges which Francis bacon and others
q 1o,so select com corn on the part Of the
Gays this bold declaration. we avouch that
the sI HOUSE Of nommops j, is The s2le proper
the Election of all sucn Members ~ belong
unto 1t without which the Freedom Of Election
we're not entire. and that the thancery,
Majesty, hui to send out those Wrte, and
yet the snme is done only for the use OF the
Parliament; over which neither tho Chancety
:, Gradually this right became firmly ,cstab-
constantly exercised until 1875. when il was was
Voluntarily reIin4uished in the interest OF rus:
jurisdiction to tho courts was brought about
BY the fteuuency OF scandals and BY eNhibi-
the former system OF adjudication q mockery
Of Justice. The abuse Of the privilege which
b. 100 that 1t led to the adoption Of what was
known as the Grenvllle act. which made a
members of the House, tho arbiter, OF all dis
puted claims to membership This device
Tat aFed dersnce thsr s Is in 'n the
quality OF decisions was noticeable. After
pn or ON be r roe pw at d w n6 0re
vent partially and in 1859 the method Of
choosing the members OF the elections commit
tee WAS modified 20 as to secure more cOmpe-
tent men and II fairer tn bunal Even this did
not give sntIsinction ana IN 1865 as described
ny the privilege which had been It's pride Tor
centuries, and turned over the determination
q the Quesn,s nenol Division. of tho High
Speaker Of III" House il Practically fna.
Al me time that American ConsLItn'ions we're |
snCe hai shown LOW easily the privilege " de-
SG,din lIgS election contests could be- abused n
gushing that jurisdiction mad not been sug- |
Eested. consequently our own Constitution |
WHOM Z res1ryns tGls ancient privleg s; TO TO
every legislative D1"g. The Federal Constitu-
own members. Virtually tie Same provision |
slItulion, su6ni,ted to the CoHventlon o. IN.
and IN liamilton's. an 50 IA as 1t r.lates TO
/, was discussed either N the Federal Convoq-
ton or in the stat" ratiyinG conventions. 1t |
seems entirely TO have ESCAPED comment, which.
markehle Tie irst Constitution OF Ills Eiato
provided hat both senate and Assembly should
same power though in different language. las
been conieue4 unon the i.e4lslatnTe Without
question in all succeeding notifications of our
organic law. In our pre-en, Constitution tlo
riETeVisi4n T. amost "Aagtg similar 70 that in
IouSe shall be the nudge OF tho elcciinns re-
tuIih' anu qualifications OF its own members"
Tho fact OF general ucGui"sceuce h0welUr
Tor long perioJ in the rrinciIle of ,urisd!r-
tOn here involved, Ia not, OF course, 10 hhtAken
as reason for its peri etual maintenance As
matter OF fact, II lot only ia not III harmony
with our cardinal American idoa Of lie ,Iis.
tnet separation OF mo Legislativ" Judicial
and Executive ueraTtmen's Of GOycrumenf
vesting az y docs each branch of tho Lcgisia.
lure WITH IndIcal functions. Tut il has Iel 10
tyrannical abuse Of power Worthy OF main
tenAnce a. LhfS ancient privilege was regarded
IN limos when the crown assumed prafOgAtive,
Which rightly belonged to the Tsuresen "a ives ~
the people, there is no longer any excuse for ia
retention In legislative bod es wien a State ora
nation has an elective stable. and independent
judiciary. EXPERIENCE IN this state an In lie
National Govern mont durin. tho ast iw~n -"
I'VE years hGS been suillrieut 10 warn US Of
TIE eyilA which thTeHt-n "a lie cniiiuri |
[S"kl0ss hXsrri' g Of TINS rowe, We apn.aT,H
10 rondlng IN I. b" same direction IN who Eng.
lShd WAS tend ng when Hcauiu f. reel mo
mouse OF OmtnOns ~ ruTTeIiur ~, IflyIlglfs .
%, Nre" contg 'ieE. on'"rted Ole, ton. NO