Waterbury evening Democrat., 1894-11-16
FLOWER ASKED ADVICE
He Questions the New Legisla-
 lures Constitutionality.
TREASURED BY MANY LAWYERS.
IL VIII Not Be Neecssary to Call an Ex- tra Session of the Legislature, Say His Advissrs-Ths Governor Talks of the Re- form Legislation.

|
 tra session of the Legislature. Say His | AdvIssrs-Ths Governor Talks of the Re- | form Legislation.
 NEW YORK. Nov. l6.-Governor Flow
 sr met in this city at the Windsor hotel a number of New York lawyers who had been invited by him to discuss the ques- | tions raised with reference to tho consti- tutionality or the legislature which is to | assemble the first Monday in January Those present were Benjamin F. Tracy, William B. Hornblower. x-Judge Noah | Davis, Francis Lynde Stetson, Henry k. Beekman, John +. Parsons. Henry F.. Rowland. Francis NJ. Scott. Daniel Ma gone. Edward M. shepard, John J. Lin son. simon Sterne and Professor Charles A. Collin. Absence from the city prevent sd the presence of James c. Carter, Wheeler H. Peckham and F. k. Coudert.
 Governor Flower told his guests that his attention had been called by reputa- ble lawyers to an apparent omission by the constitutional convention to make pro- vision for a continuance of a legislature of 32 senators and l2S members after Jan. l next, the time at which the new constitution providing for a legislature of 5o senators and l5O assemblymen is to take effect; that the claim has been made to him that, because of this omission, there could be no constitutional legisla- tive body until after the election of l50 as semblymen and 50 senators in pursuance of the provisions of the fevised constitu- tion. The governor continued:
 He Was In Doubt.
 While at first I was inclined not to regard the question seriously, I looked carefully at the arguments presented and came to the conclusion that they deserved consideration by able lawyers.
 II was the more impclled to this con. clusion by the fact which was pointed out to me that practically the only answer made by Messrs. Choate and Root of the constitutional convention to the criti. cisms urged was that the new constitu- tion merely followed the language of the constitutions of 1S46 and 1891. In this statement those gentlemen were wrong, as anybody can sec by comparing the three constitutions. Whether there arc moro substantial reasons than those urged by Messrs Choate and Root remain to be seen.
 Because there is doubt about tho matter I have invited you here to seok your advice I want to say at the outset that so far as l am concerned the ques- ton of partisanship or politics is not of the slightest consideration in the discus sion of this matter. Personally and po- litically I havo no wish to gratify by any disposition which may be made of this subject. Offisially, however. I have a duty to perform.
 If. in the judgment of distinguished lawyers like yourselves. thero should be grave doubt about the validity of the acts of the legislature after the lst day of Jan uary next then the question presents it. self as to my duty in calling tho present legislature together In extraordinary ses- sion before Jan. !. so that the necessary legislation for the ensuing year may bo enacted by constitutional legislature
 Question Must Be Settled Soon.
 II have asked you to this conference first, because l want your legal advice, and, second. because you represent the in- huences at work in this city for good gov ernment, and legislation to further that course is imperatively needed soon. If the validity Of the acts of the legislature after Jan. l can successfully bo challeng- ed, then it is important that reform leg islation should been acted before Jan. l. So far as the state at largo Is concerned. appropriations now available will be suffi- cient to run the government until Sept 30 next, but provision would have to bo made for the period following Sept 30 and until Legislature could constitution ally assemble.
 But locally there Is. as I have said necessity TOT leElslatlon which shall moro fully carry out the will of the people as expressed in tho recent election. To that will every good citizen must submit, abandoning every selfish or political con sideration and endeavoring to the extent of his power to promote the city's highest welfare.
 Lawyers Rcassured Him.
 II want you to give this subject your careful attention, and want your best judgment on 1t. If. as lawyers, you agree that it is doubtful whether there will bo a constitutional legislature after Dec. 3l, then, as citizens interested in good gov ernment, l want you to aid mo all you can in expediting all needed reform leg islation for this city before 1885 hope you will not hesitate to express your views frankly and freely.
 The question was thon discussed in all its phases. It was unanimously agreed that Mossrs Choato and Root were in CT TOT when they stated that tho constitution of 1S+6 was a precedent for the omission of the new constitution to provide for the of the 32 senators and I2S in office as tho legislature for the year 1895. as the express saving clauses of the constitutions of IsI6 and 1891 were specifically pointed out.
 On a thorough canvass of the argu- 1 ments it was also agreed that any doubts ] as to the validity of the acts of such a | legislature during 1895 did not present n | ffintantly fS,