New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-26

qualification of our form of action. and the action
Of preceding Legislatures. There is no reason why
the Governor should not apply TO the Attorney
General convene the Court of Appeals HIM
self.
Mr.. Ives made characteristicaly feeble plea
for the passage Of the resolution. OF course
he admitted. il is an unusual thing To ask
Judge to announce his opinion In advance on 2
question that may come before him officially. l
doubt whether the Court of Appeals would do 50
simply on the Governors request, and that Is
why he asks for our cooperation But really,
their opinion IL very deSraDe 10 nave, since tnab
opinion is the law.
Il have q high respect for the few good law
vcrs in the legislature. said Mr.. Linson. coolly,
but the opinion Of the judges would he worth
more than the opinion of 100000 lawyers serving
as legislators The present problem i, tie most
important that has exercised the minds OF legls-
ators for years and since we can't -ree with the
Fxecutiye.what could he eiter than 70 supmi, ors
difference 10 judicial arbitration? MI SaA'ons
speech would have dOre very well Tor petit
jury. but il has only impressed me as an In
rcnious attempt 10 find reasons for antagonzlns
the Governor. How could he have taken a
judicial opinion before we passed the bill? lie
couldn't anticipate our action. II would have
been indecorous for him 10 do so.
The Constitution provides tHt the Executive
may ask the courts for opinions on pending
legislation: and while il is true that the opinion
II fourteen judges would not be binding on thelr
Successors there are never more than seven sitting
q, once and seven would hardly venture 10 oyer.
rule the ac;s OF fourteen believe the Judges
would hasten together from all parts of the
State to decide this matter dhe synp ronaff ~
the Governor alone: bnt they would for bofh
together. The defeat of this resolution would
mean the inevitable veto of the Dill Gentlemen,
will you do it, with your eyes wide oren' Inc
Governor says he will not sign the bill II you DO.
Does he say he will sign it?' asked Mr..
Fassett. -
No he doesn't, but if you pass this resolution
and tie Court of Appeals says the bill Is con-
stitutional. and the Governor retoes il. will help
to pass it over his veto as il is You would
need but one more vote , to pass IL owe.
have opportunity 10 get H. The Governor
wouldn't dare-no man would dare-to veto
I'll which the Court o.. Appeals said was consti'u'
tional. OF course he does not promise to SIN
IT, That would be undirnliie! and Improper IL
you are really confident Of the constitutionalty
Of your measure. If you really helTve what yon
have asserted over and over again. YOU have an
opportunity that may never come again. within
ten DAYS vou can place the bill tie statute
books. The Governor, will sign il. beyond any
possible question. If ne doesn't, you can pass IL.
In the Senate az least. over his veto.
Mr. Sloan said that the Governors suggestion
was "A s,nsationa, novelty. which sought 10 In.
pose on the Cour; OF Appeals duty when d.t
not belong to il, and to deprive the lcgis ature
# part Of its true functions. Supposing 10
were the other way. lie contended. II the
LEGISLATURE were awaiting judicial opinion on
a similar ease. what would lie do? lie wond
say: don't desire any such opinion. for the
very good reason that have already acted X
Judges Of the Court Of Appeals vino would he
only too glad TO give him one
The Governor has already consulted eminent
lawyers said Mr. Cantor.
Them if he still has doubt. II is his place
to veto the bill. The Coart of Appeals canncs
instruct this Legislature as 10 what bill we snail
pass and what ought not That would he
an ntolcrahe usurpatlon OF our functions
d" II is a condition rlmt confronts us. Quoiei
Mr.. Jacobs. mot a theory. What's the Use OF
standing on our dignity? For myself ca,e
liilc about the bill | would not vote for II,
nor for any hill that would d>iiancnise portloa
Of my constituents.
The message" said Mr.. .0Connor. " is great
effort Of vcry strong politician 90 i3oi the peo-
pie. | very much rcetct that Mr.. Iceland 3
not in the Executive ihair. since IN mat case
the condition might re met and the theory aban-
doned. lie Governor has vetoed the III t"lcr'
but he no longer has tle courage oi his con'io.
heard three years ago. Let him veto the MI II
he wants TO: hut he mustn't ask us to stultity
ourselves and surrender our convictions e. an IT,
formal body. whose decision would not he Dlndihy
on any body and would not bind him II IL were
adverse The Governor is able that he gen.
orally gets the best OF us, and he's trying TO do
il again
Why not show spirit Of concession? - pleaded
Mr. Cantor, insinuatingy The Republican MAJOR
ity have had the responsibility shifted 70 tier
shoulders You know, as surely as you breathe. thao
the hill will not become a law unless YOU do maAe
concessions
We DO know il. said Mr.. Fassett readily. ana
we understand what n pretty piece of schcmlns
the part of Governor Hill the situation lm'
plies His idea all along was 10 shift tine re-
sponsibillty. The resolution should De alnendeu'
II should read Resolved, That the Legislature
has no objection 10 the Governors obtaining tie
advice of the Judges II he feels moved 10 INQUIRE
in that direction. lie could do that already
Isn't il absurd?'
To cut OF further debate. Mr. Fassett moved 70
refer the message and the resolution 10 the oni-
mttee on Judiciary. The motion was adopted by
a party vote of II to L.
The debate in the Assembly of the noss
formal nature. and lasted barely hye minutes
When the message had been read Speaker iius,eg'
who had surrendered the chair 10 MI Acksl,
moved that the document should he referred 10
the Judiciary Committee.
Mr. Sheehan the Democratic leader, AT once
said Mr. Speaker. | think the House should
take Affirmative action, and act at once upon the
Governors suggestion that we ask the opinion
Of the Court Of Appeals upon the Saxton balioS
Reform bill.
Mr. Hustled replied that the best way TO teso
the sentiment Of the Assembly upon the matter
was To take vote upon his motion to refer tne
motion was carried by vote OF so 10 3D. AK
tie Republicans present voting in the Affirmative
and the Democrats in the negative
Mr.. Sheehan then offered n resolution asking the
Court OF Appeals TO give am informal opinion on
the Saxton Ballot Reform bill Mr.. Hustled OBJ
lected to it's introduction; the objection was sus'
tanned, and Mr.. Sheehan had to withdraw 1t.
This ended the discussion of the Governors
message. IL is supposed that, in view OF tnis
action Of the Legislature. rejecting his PROPOSE
kN