New-York tribune., 1892-03-11

Shouid Dc separate ana Gl>lii Ct
Six Of the State that adopted constitutions atrf the
Revo.utyn expressed distncton in one form or an.
Other in their several constitutions. Ihe most pon'ed
that o. Ms,ss,husetts The declaration OF
principles constitution Ia teen continued without
change 10 thi, day. hnd a. follows
the government Of this Commonwealth the Legi'-
latve Department shall never exercise the ENeeut'e ana
Judicial powers either II them the Executive shali
never exercise the Legislative and Judicial power, or
either them Judicial hall never exercise the Less.
Ioye and Executive power either q them 70 the end
that it may be government of laws and not 0: men,
At another time Madson aid
But the great against gradual concentration
Il the ,cyclal powers the department consists in
giving to those who department tho neees
constitutional and personal motive to resist en-
cro,chmcns tic other. The provision for defence
this In all other cases be medc comch""e 10
TIE danger OF attack"
Hamilton discussing the ssnc subject OF the thiee
great dVi>.on. Of power,
The Judiciary, the contrary. has no influence over
the sword The purse, no direction ei'hsr d 'he
strength Of the wealth o. society. aud can take no
active resolution whatever 1t may truly be SAID 10 nave
neither force Will. but merely judgment ana mu'
ultimately depend upon the aid oi the Executive arm io
the cricaeious exercise his faculty This simple We"
of the mater suggests several important consequence IL
proves saby that the Judiciary Is by compaHsoh
tie divisions Of power that IL can
n.,cr a-ck with either OF the other two and that
all possible requisite 10 enable II to de'ebd itss
against tn If staeAs.'
A CORNERSTONE OF LIBERTY.
Professor Brcs in his great work entitled '"Th.
American Commonwealth in discussing The ooet'ihe VI
the limited powers OF the Executive says
.erhis 1, consequence the English doctrine that all
executive powcr is strictly limited by The laws. ana u.s.
indeed q cornerstone OF English liberty
He further SAYS when discussing American system
OF government
.Iach organ government. the Executive. the Legs
lave the judiciary. made jealous observer ana re-
strainer Of the others. since the people 0eihg TOO
numerous. directly their oiiarS but must
commit agents they resolved 70 prevent aouses
by trusting each agent little az possible and suoIec.ng
him to the oversight Of other agents who Will harsss ana
him II he attempts to overstep his instructions
The English people point with pride TO the fact that
executive usurpstons were practically stamped out De-
tween the time Of the Conquest and 1855 when
English liberty established upon the rock OF s'fic'
constitutional limits 20 executive power.
The abuse OF executive power the thing dreaded by
the founders Of Republic. They had studied deeply
the history that preceded them Ihey eAeiteu
all their ingenuity and ability 10 guard ana limit the
movers OF the peoples when placed in authority
as the only way preserving the liberties Of the people
A capital olclce by David b. Hill, while Governor
OF this State pending the controversy over the H'e
election was his unwarsntebe invasion o! the proper
domain Of the Judiciary 1t Is not claimed nor pretended
that he exercised judicial functions, as such. in
technical sense but the domain OF the Judcafy
NAV be invaded in various Anything which thwsrs
AID defeats working OF that part OF our sysVn -
dangerous usurpltion and IS revolutionary.
THE VERDICT OF THE BALLOT COX WITHOUT
IFFECT.
We have the unusual spectacle Of three senatorial ea's
occupied by men claiming represent their respective d
tricts no OF whom received majority or plurai|
Of the Of their districts. So far as those dsuic,s
are verdict OF the bslotoox and he voice
n. the peope have nerectual Others than the poo
pie OF the district named and designated the Senators
TO occupy those
The situation after the decision waa in brief follows
There were seventeen Republican elected by the
= .ko ala in
trIcts Democratic Senators were In IKE manner
elected in their respective districts end one Independents
Senator making total OF thtytwo senators Inc ooh
situon provides that "a majority of each house shall
etitute quorum do business" seventeen senator's
a,e a Quorum The problem presented To the Democrats
wes how three Republican seats so As 70 IN
crease their number Of Senator'S to seventeen ]usI
quorum. Threats made against number OF districts
hut a. up have taken possession OF ohY 'hee
the XVIII the XVIII and XXVlth Districts these ere
the only di-,ricts shall refer to in this r@pef'
In the XVII District. commonly known IN this con-
troversy as Deanes District majority OF tne
supeyi.ons acting es canvassng board threw OUT or
,riyon. eaos enough Deane elect Osborn the
Democrat The County Clerk refused to sign me ia,se
returns. The supervisors appointed clerk pro "u "
the nae Of Mylod signed the false return anu 'he
same were forwarded Albany, ana thus an splA'ens
INN from Dutchess County got the files In the otate
Offices.
sTEALING THE CORRECT RETURNS.
n,.,. cha s,r,oro Cour, was proceeding with the
rvsxtgstion Of the case usual manner Governor
Hill removed the Clerk Of Dutchess County, ana api
one subservient 20 his will. The jndiesi oeef'"'""
q the controversy was in favor OF pcane ~ 'no" W
tho suorle 70 compel clerk appointed by Governor
hin 70 sign and forward the returns as decefmhea
nv the Court. Finding way OF escape the eerh p"eu
the returns Albany on the afternoon OF Decehor 81
and hearing OF stay he Immediately followed 10 Albany
d had an interview with Governor H at about O'Clock
ON the morning Of December % and asked the Governor
what he should do. The Governor referred him TO Meyho'
as counsel for State Canvassing Board Boon e''ef
that and at about that morning Maynard TOOK
one copy OF the true the Controllers once
Rice Secretary OF State, delivered copy OF the true
returns in his once the County CLERK ana an once
how in Governor Hll's employ allowed the County Clerk
10 take Governors table third copy all OF "nch
comics were carried away the County Clerk OF Duchess
County who had applied to Governor Hl az O'CLOCK
that morning for direction In the new snuauoh IL mas
since been udcay decided that these three returns were
part lawful files Of the State at the time they
were removed.
The situation then the former false returns
remained alone the fles
Turning now TO tn. XXVth District, Peck, Repub
liean had fair majority Of 373 votes In some OF the
election districts clerk had sent ballots intended for
one district another district This was held TO be
fatal error by the Court OF Appeals Whole districts
we're dsanched that about fifteen hundred electors
had voice in electing their Senators 1t CHANGED
that the Republicans in the majority in the dis
snchsed districts Nichols the Democrat, go,
seag TO which Peck elected.
SHERwOOD'S.
Going the XXVIIth District, Sherwood. the Re.
publican, elected by about 1,70o majority The
turns Albany showed him elected but he In.
eligible by reason OF holding another Office.
Coming TO the State CSnyassing Board let US see
how managed their part in the drama. They had
- dffcy, ty Xxvth District in giving TO Nichols.
the D@oocrst the seat 10 which Peck the Republican,
was elected No blame attach them for this
vnder the decision OF the Court Of Appeals however unjust
4, was 10 district to have seated represent
them who elected.
The Of this raise the number OF Democratic
seats from fourteen fifteen and reduce the Republi.
can seats 10 sixteen The Democrats still
seats OF seventeen Senators.
The state Canvassing Board had returns before them
showng Republican elected by over LOO majority In
the XXVIlth District knowing that they had nothing
TO do but returns and could not 60 behind
than consider SherMoods eligibiY. they