New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-01-20
SELECTIONS FROM THE MAIL.
GOVERNOR HILLS FALLACY.
TRYING TO MAKE HIS OFFICE LEGISLATIVE IN
ITS FUNCTIONS.

ITS FUNCTIONS.
TO the Editor OF The Tribune.
sir Governor Hill in trying to teach the Legislature
it, duty exposes the false conception OF his Office
upon which his conduct +, based. lie would seem
10 differ from his predecessor in considering that the
Office OF Governor. unkc that Of the President Is
not essentially executive. hut essentially legislative
lie argues in his annual that the Legislature
has no right to submit to the people proposed
amendment Of the Constitution irrespective OF us real
merits than 10 submit pcrnicious bill to the
Governor. Whose approval alone gives 1t vitality
1b, is in lire with his reasoning that the Legs
laturc with the concurrence Of the Executive, has
the power to authorize census, and may IN lis dis
erection do So II cannot do 50 without that con
cur,cnce~ Here Governor Ill declares what he has
constantly assumed in practice. that the Executive
has concurrent Jurisdiction with the Legislature In
making laws. Such pcrvcrson If the Constitution
in AN elaborate attempt to expound Its principles To
"A co ordinate branch Of the Government IS char
actcr.t tic OF who has repeatedly exercised
mis- veto to thwat the deliberate expression OF inc
legislature, will and IN whose chambers partisan bis
have frequently been prepared for Introduction IN inc
senate and Assembly.
II might be well for the Governor to remember some
Of the following provisions Of the Constitution
Ihc legislative power Of this state snail be VeS'eu
" S @nac;,nc l.,e o.; an bills shall be The People
Of the state Of Nca lore: presented IN senate a"u
Assembly, do enact a. follows ..,,uo.
a. mas De- resolved upon by tie Legislature . ~,
II his duty to recommend ~uch matters 10 ulch
a, he shall Judge cApcdlcnt not however 10 I'M
pose specific conditions upon legislation uhuer d
threat II yctOing any bill that shall not conform u
his te-t-. ,,,,, Ill, g.,
IL Will be- Unfortunate Governor I'M cooIy re
marks REGARDING ballot reform, If certain Influences
be- snail prevent the Legislature and the Executive.
from agreeing upon "A proper Jaw. 't1
the Constitution says nothing 81 concurrence OF
90 agreement between the Legislature and Executive.
The senate and Assembly enact, the Governor aP,
proves or objects. or does nothing. In "mch case
The hv is a, bndiu- a. If he signed H. ne may
assent. but hc cannot consent HIS junction i
negative not positive.
The difference between a constitutional amendment
taking cfec, upon the Of the people and an act
becoming Jaw with the Governors approval l. that
approval The former case l. essential. IN the
latter d, not. The Governors signature does not
give Vitality e. au act. Tie Legislature gives
ID vitality and n Will I've unless tho Governor " Nil,
TO- Iuf even a." ~ornli"d d" veto has no kllng
power ~ it-ef II the Governor objects to bill IL
hall So rccon,dered o. the Legislature. and II then
dur approved. the Obstructive force 81 the objection
IS spent.
the accepted theory Of ttutou7 has been the al
fudr ~ Governor ll toward Tie LEGISLATURE al every
session since he became Governor When the enactlng
clause 4 statute, shall be- amended 10 read The
People ~ m" state ~ sew York. represented IN sen
ate Assembly, and Executive Chamber. Do enact a.
f,low-~ Governor nm will hc authorized 10 exercise
fbr power he U~urp-. and 10 enter the province
uu0n -.iIrh be u,ronc'c-. But he violates the
Constitution rs T. b. ~ tAc very act of pretending to
defend II. W.