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


1
which will not BE- governed by partisan prejudlces or
affected by uninelgcnt cainpr Influenced by improper
appeals deferred from bold and fearless discharge Vi
Ats duty by any consideration whatever To such
.slbunal friends and opponents Of this measure may
safely entrust tae consideration OF the const'ue'ona'
questions which alone proposed to be submitted 10 IT,
IL IT, therefore, recommended that Joint resolution be
pas.ed bv he LEGISLATURE respectfully requesting the
Court Of Appcals First ard Divisions 20 cconvenc
their earliest convenience FOR the purpose Of examining
and expressing their opinions informally o. 10
the consu:ionaity Of the provisions thereof ~ IS my
earnest desire aid solution OF the problem Of electoral
REFORM aud that spirit alone has prompted this conuhca-
that the Legislature, with similar desire
practical results In the effort to abolish the evils
attending elections will meet suggestion In the
spifi: will readily acquiesce in my request to
the constitutional questions in the controversy to
competent and partisan tribunal DAVID b. HILL.
After the Governors message had been read
debate upon it was excited by the presentation
Of tine following resolution by Senator chase
! lDcm.l
Resolved m the Assembly concur That Legislature
with the in respectfully requesting the
Court Of appeal, First and Second Dyi,ions to furni-h
IT. opinion informally. upon tho consttutonay OF the
provisions Of Scnnt" Bill No 1893 known as the saNton
Ballot BIN in the Governors hand. awaiting approval
Debate followed FOR two hours upon the reso-
luton. senator SaXton said
President This proposition OF the Governor
upon the face Of It, be- a very reasonable one But
before Senate adopts the resolution. think We should
consequences strikes Ia the nrt place
that this suggestion lat" far the Legi--
laturc concerned. We have considered the questions
involved In the bill time after time both here and in the
Assembly We have decided that in our judgment. it,
provisions within the pur,iew ~ the Consut on II
desired obtain Hight upon the matter for
himself and for the Legislature why did he not send ncs
sage had considered and passed uron the
very points which he raiscs1 who Is 1t that wants
this sd>cel The Legislature doesn't want IT, because.
cay, with fun owedgc Of responsibility in the
that Tho 4. nj
Shall indicate that are in doubt as u
deliberate actionl want say. for that far
my convictions concerned, they firm and not to be
shaken.
L.; MS what this resolution would do. 1t would
send the question Of Appeals rather TO
the judges Court ~ Ap'a, not for their dccimina
ton but Tor their Liberation simply. That court has
certain dutio. TO PERFORM certain dut, dcyoly'd upon
Dv tho Constitution and by statute II Is court Of APP
peal the 'rmlnat.on OF the lower courts Its
dnty - into consideration appeals sent TO
nom branches OF the judiciary of this state and
a judiciary has nothing whatever to Do with abstract
propositions Tho Judiciary has simply TO apply the law
to the facts IN they arise. and when they have
done that they have performed the whole Grty that has
ever been dosoved upon judges o. ID" Engi'h-sp'aAng
race the beginning of tho English Constitution.
Surprising the Court Appeals should give opinion.
VIVA, would it amount IL would bind nobody. It
L. judicial determination. II Is entraudcial. II
would simply b. the opinion q some gentleman, very
learned h. law. to proposition which We ourselves
must decide fos ourselves which nobody decide
of ~. Court II Appeals would probably r.iuso
at. and they would properly do SO They do not sit
% advise this Legislature. That (, not their province
Tlev arc decide A. between citizen, ~ the state a.
e arise or between citizens and The state and d'a';
believe any judge would give informal opinion on an
abstract proposition which b. might De- required 90
futur time - q, .ak tally IN actual litigation
Tho court would only b. justified IA refusing ." con-
slider the mater they would hardly b. Justified IN
doing differently.
ouf duty It ne entirely plain. II is TO ac'
uian our convictions Tho duty oi the Court = Appais
is ,qssly pain ard that. wh'n te question comes
ul u te course ~ litigation they shall determine r. and
not tl ,a.n ~ know 'he doctrine q stare d.ci-.'-
That t.. decision Of high court upon given proo
s.ton stand. in this however. nothing would
lc decd .. Court u Appeals should b" changed
ofrloo e.. voet l noln.as to pr'.'n tie r"" coir.
fro4 hiding H., opinion a. 'ij tne = saw NJ
Tine controlling consideration. in my mind, however Is
this whsle -houil he ,e-y glad 20 hn'' the opinion u
fourteen II tho aIc.t and most highmnded lawyers ~
S,e-Yors on ue Ballot Reform bin Vet 10 seems To me
submission o. such question To tAeTn at this time
hy method here proposed is entirely imp|e'cahe
IAe ooaf. ado med until the I4h Of April IL would
d. nf,-..l. nos e. melb, together No"os n.
I. D.. g.. .r. .nf ;he To determine It In
g,nlf t,es ncA al The light they can get Who Is
o ariea- o. advocate IT. Who is O. present tn oppos
u' fs,n II tine Cour, together. there Is no GUAR
an,,c ,a, ram c,' decision within reasonable tm'
or ',re m. adjournment Of Tie legislature The matter
oret' ra', % i d,ri by week from tomorrow when
r, b nu-t acted upon by IL. Governor IN order TO
I De- a
| COZ .itutionaiity IL to wait untl g. T. law.
l Governor p, tnr Very faet Of his sending message
D. us b.. rfsd That h. himself has DOUBTS A. to
vi .tr t.. l constitutional II" l. not entirely con
,in..d in Do. own mind about &C. II le were T. would
u, Die plain dni ,c, O. and g. would be- Just a. much
bis duty d. be- had a-"sd thc opinion Of every
lawyer go rr state II Dc ha, Doubt then submit -
outr,,eftbe proposition. that t j. hs plain dnij to
civ. , benefit Il the doubt the Legislature and o.
tia, he VIII bur, whatever It may De-, and sign me bn
Then would 80 proper judicial d. termination
is II possible. asked Mr.. Cantor. " that the
! Senator would rather upset an entire election
than have the conslitu'ionaliiy Of the law 1"ieT-
No replied Mr.. SaNton; no election would
h. ut,>rf AT all Inc only contingency which the
! Democrats Themselves contend mighf arise would
! be- tie disirinchi,cmcnt 81 the llnirratr voter
and ii an AL lrrsc decision were rendered, only
| individual RIGHTS would be- Affected. We have
shown Our willingness to take the responsibility
for the hl several times already, ana me ohly
thing for H., Governor 10 do is 10 take his share
of the responsibility. and act on the hi accord
Ing H. his Judgment and his conscience
Mr. Chase warmly defended the Governors
sincerity. and Of course impugned that of the
Rcnubleans He declared that for his own
part. while he had differed with his associates in
supporting the bill. he believed The Governors
suggestion offered simple solution Of the whole
difficulty Although not in "A position to re-
veal what ! know he added II think. If the
opinion OF tine court is favorable, the bill Will
! be signed
Has the opinion Of the Attorney-Gcneral been
asked ?n inquired Mr.. Erwin.
ain not Informed rs to that replied Mr..
Chase
Mr. Cantor threw out pretty plain hint
that if Mr Chascs resolution failed TO pass the
| bill would surely be vetoed, and the people de
privcd of a reform through the perverscness of
! Republicans. " Ii the Republican Senator'S, he
cried are merely playing 10 the gallery they
will bring this about. | believe that if the de-
! cision of the Court Of Appeals is favorable the
bill Will be signed. The decision, it is true, will
not be an official adjudication but il will none
the less throw the responsibility on the GOV
| crnor."
Mr. Fassctt, the brilliant young Republican
leader. in a snort but pointed speech showed how