Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-11-16
NEW YORk'S DOUBT.
Alleged Unconslltutionallty Of It's
Legislature.
CoNFAB OF BIG LAWYERS.
They Decide That There Need Not Bc n
Extra Session Any how Governor
Flowers Views.

NEW YORK, November 15.-Governor
Flower met by appointment this afternoon
at the Windsor Hotel a number OF New
York lawyers who had been invited by
him to discuss the questions raised with
reference to the constitutionality OF the
Legislature which is to assemble after
January 1st. Those present were Benja-
min +. Tracy. william B. Hornblower,
ex-Judge Noah Davis, Francis Lynde Stet-
son, Henry X. Beekman, John 4. Parsons,
Henry L. Howland, Francis NJ. Scott,
Daniel Magone, Edward NJ. Shepard, John
J. Lpson, Simon Stern. and Professor
Charles A. Collin. Absence from the city
prevented the presence of james G. Car
ter, Wheeler ii. Peckham, and +. II. Cou-
dert
Governor Flower told his guests that his
attention had been called by reputable
lawyers to the apparent omission by the
constitutional convention to make provis-
ion for a continuance OF a Legislature OF
81 senator's and 12s members after January
1st next, the time at which the new Con-
stitution providing for Legislature OF %
senators and $50 assemblymen Is to take
effect: that the claim had been made 10
him that because OF this omission there
could be no constitutional legislative body
until after the election OF 80 assembly,
men and 30 senator's in pursuance OF the
provisions Of the revised Constitution. Ihe
Governor continued:
while at first 1 was inclined not 10
regard the question seriously l looked
carefully at the arguments presented ana
Il. t...t n
deserved consideration by able lawyers
/ was the more impelled to this conclusion
by the fact, which was pointed out 10
me- that practically the only answer made
by Messrs. Choate and Root. of the con-
stitutional convention, TO the criticisms
urged. was that the new constitution
merely followed the language of the con-
stltutions of 1916 and 1s2l. In that state
ment those gentlemen were wrong, as
anybody can see by comparing the three
constitutions.
whether there are more substantial
reasons than those urged by Messrs.
Choate and Root remains to be seen. Be
cause there is doubt In the matter have
invited you here to seek your advice.
want to say at the outset, however, that
SO far as I am concerned, the question OF
partisanship or politics Is not of the slight
matter. Personally and politically have
no wish to crafty by any disposition
which may be made OF this subject. Off
cialy, however, | have duty to perform.
If, in the judgment of distinguished law
yers like yourselves. there would be grave
doubt about the validity of the acts OF
the Legislature after the 1st day OF jan
uary next, then the question presents
itself as to my duty in calling the present
Legislature together in extraordinary ses-
sion before January lst so that the neces-
sary legislation for the ensuing year may
be enacted by constitutional legislature.
II want you to give this subject your
careful attention, and l want your best
judgment on it."
The question was then discussed in all
it's phases. 1t was unanimously agreed
that Messrs. Choate and Root were In
error when they stated that the constitu-
ton Of 1916 was precedent for the omis-
sion Of the new constitution to provide
for continuance Of the % senators and 12S
assemblymen In Office as the 'islature
of the year 1926. as the eX, saving
clauses OF the constitutions of 1886 and 1891
were specifically pointed out. But on
thorough canvass Of the arguments pro
and con il was also agreed, with substan-
tial unanimity. that any doubts as to the
during the year 1895 did not present a
sufficiently grave emergency to justify
imposing on the people Of the State the
burden and expense Of an extra session
of the present Legislature before 1885.