Waterbury evening Democrat. [volume] (Waterbury, Conn.) 1887-1895, 1892-03-19
THE READING DEAL
Looks as If the Whole Scheme
is a Failure.
AN APPARENTLY FATAL DEFECT
Discovered in Statutes Of the State o.
New Jersey.

The Statute Giving the Governor Thirty
Days for the Confederation OF Bill
After the Legislature AdjOurns IL in vtO-
latiOn of the Constitution Of the State
Lawyer PeshAll, Who Has Twice Saved
Murderer HaIlinEor from Being Hung,
Found the Flaw.
NEW York March 19-There seems to
be strong probability that the great
Reading Coal Combination will prove an
utter and ridiculous failure.
When it was announced that the New
Jersey Central and the Lehigh Valley
railroads had been leased and virtually
absorbed by the Reading after series of
neg citations extending over a period of
several months, no one for q moment i'm
agined that an arrangement, go carefully
perfected by some Of the greatest rail-
road manipulatOrs and corporation at
torneys. would fail because Of an over
sight in the manner in which It wascar-
ried out.
This opinion was confirmed and
strengthened when it was found that the
Pennsylvania Railroad, which has been
most actively opposing the gigantic deal.
as well as the Delaware, Lackawanna 8
Western. the New York, Susquehanna &
Western and the Erie railroads, which
were also hostile to it, had failed to stop
the successful carrying out of the Read
ing programme. When the Reading
carried their point in the New Jersey
Legislature and a bill was passed March
IL, legalizing the deal, it looked as If
the Reading folks were the victors and
that the opposition must needs hold its
peace.
Now, however. it looks as If the whole
scheme to control the anthracite output
of the country had been frustrated be-
cause of a flaw in the statutes Of the
State of New Jersey. The man who has
made known this apparently fatal defect
is Charles ]. PeshaD Of Jersey City, tn 9
lawyer who found the loophole in tina t
States criminal statutes by which he
thus far has been enabled to twice save
the murderer, Edward W. Hallinger,
from the Gallows erected within few
feet of his cell in the Hudson County jail.
Mr.. Peshall is q railroad lawyer Of con.
siderable experience and an intimate
friend of Robert Garrett, formerly presj-
dent of the Baltimore & Ohio Railroad.
His argument is as follows:
''The act to legalize the leasing of
corporations by others was put through
the last day the Legislature was in ses-
sion. The bill then went to the Governor
in which to sign or veto it. So far as
know, the bill was properly drawn. That
is not the point.
1.-THE whole thing lies right here, The
statute giving the Governor thirty days
for the consideration of q bill after the
Legislature adjourns is in violation of
the Constitution of the State, and Is,
therefore, null and void This is as plain
as a pikestaff. ] am surprised the point
has not been brought out before, because
there are hundreds Of acts now in force
that are no moro legal enactments than
are editorials in a daily paper.
"This act with the thirty day clause
was passed long after the State Coustitu-
ton was adopted in 1875. Now the pro-
vision of the constitution on this subject
Is as plain as plain can be. 1t reads Thus:
If any bill shall not be retured by the
Governor within five days Sunday ex-
cepted), after 1t shall have been presented
to him, the same shall be a law in like
manner as II he had signed it, unless the
Legislature by their adjournment pre-
vent its return, in which case 1t shall
not be a law
"Now it is a we'll settled principle Of
law that legislative enactmentS can
never restrict or extend a constitutional
limitation. New York State has an
identical constitutional provision, except
that the term there specified is ten days
instead Of five.
"But bear in mind that in the case of
New York this power is conferred by the
Constitution itself, and not by any legis-
lative enactment. Why, the Governor is
component part of the Legislature.
Just think Of it. If that body could
extend the time of signing q bill for
thirty days, it could do It for three
hundred. Thus he might get things
fixed SO that he could approve bills ut
any time during the administration If
such extensions were possible
''The whole Reading deal is illegal and
can be Overthrown. The only way Gov
ernor Albeit can bring it into life IN to
reconvene his Legislature and have the
set passed again"
Several corporation lawyers in Jersey
City who have considered the point
raised by Mr.. Peshall well taken, think
that it may destroy the carefully laid
plans of the great coal combination.