Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1890-03-28

Calllnr in the Court.

governor Hill, OF New YORK, mas etTOng
doubts OF the constitutionality Of the
eaxton ballot bill, which has passed the
Legislature and awaits his signature.
He asks the Legislature to unite with
him in rcques. 70 the court of appeals
Of the state to give It's opinion infor-
,maliy upon the constitutionality Of the
measure. The Republicans Of the Senate
object to 10 doing for divers reasons the
real one, which il disinolination to
follow the Democratic governors lead,
not, however, being among them. II
seems to be considered that there 10 a
game Of politics being played; and
there IL . suspicion that the ruling
leaders Of neither party care to have the
new system Of voting adopted, but are
only anxious 10 avoid the danger Of
opposing popular measure.
The governors idea Of shouldering the
responsibility upon the court may be
plausibly defended, the strongest thing
10 be said In its favor being that, AZ the
court will have to decide the constitu-
tionality of the law, II IL botter that 1t
should decide II before 1t becomes law.
But this reasoning applies to all legis-
lation and would make it advisable that
the highest court Of state should de-
tcrmine the constitutionality Of all pro-
posed laws or all, at least, as to which
there may be doubt of which there
are a good many. II this is deemed
good practice, clearly It should be
done under a general law, which should
require the court, upon the request Of the
Legislature or governor or both, to de-
clare its opinion of the constitutionality
Of any proposed law. This is the regu-
lation In some Of the states, but 1t Is not
the law In New York and the objec-
ton to Governor Hills proposition is
that 1t calls upon the court Of appeals to
4 do something that the law does not re-
quire It to do.
II Is urged that the court will not under
the circumstances be disposed to do
what the governor wants to ask 1t to do;
and II Ii very likely that ii will not; aud
II is not clear that 1t should. The prac-
tice of courts Is to decide only the ques-
tion in the case regularly before them,
and to refrain from giving their stten-
tion to any other matter; and it seems
10 be good practice. Courts have well
4 defined duties and powers, and a ten
dency to overstsp them Is not q good
one. There 10 even too much tendency
among them to forget that they are ap.
pointed simply to construe and cause to
be executed the laws as they are made
One Of their favorite transgressions Is
( 10 seek to amend the law. A court,
Y II asked to decide upon the constitution
atty Of an unmade law, will become
{ even more part Of the law making
: power than 1t tends TO be now. 1t may
be well that it should be regularly joined
with the Legislature and the COVER
nor, in the business Of making laws,
instead Of being allowed to pursue
its disposition TO subsequently, smash
them when they do not suit Its ideas of
the fitness of things. We would then
at least have the advantage Of knowing
that we cannot have a law that the
supreme court does not like, be.
fore we get it and not have 1t
only to lose It.. If supreme courts had
time at their disposal to labor with the
governor and Legislature in getting out
laws that will stand after they are made,
1t might he a good thing to so arrange
matters. But supreme courts naturally
are overworked, or claim to be; and could
5 hardly take on this additional labor.
The determination of the constitutions
ality Of a law should be, one would
think, not too much for the governor
and the lawyers Of the two Houses of
the Legislature, with the attorney gen.
eral at hand to give them counsel and
doubtless q decent care would 80.
cure any legislation from over.
throw by decent court. The trouble
is that political feeling and personal in.
terest come in to bias the judgment
and II the court is also thrown into the
arena, there IL reasonable fear that Il
may be In like manner Influenced.
Certainly there is need for more per-
feet legislation. Clearly the constitu-
tionality Of bill at least should be
settled before 1t becomes law and if 1t
can only be settled by getting the de-
cision upon it of the highest court be-
fore 1t Is enacted, let us have this done.