The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-11-16
NEW YoRKs LEGISLATURE.
Grave Doubt as to the Constitutionality
Of the New Body.

New York Nov 15.-Gov. Flower met, by
appointment this afternoon at the Wind
sor hotel a number Of New York lawyers,
who had been invited by him to discuss
the questions raised with reference to the
eonstituuonality Of the legislature which
Is to assemble after Jan. I. Those present
were Benjamin T.. Tracy William r. Horn
blower eX-Judge Noah Davis, Francis
Lynde Stetson. Henry r. Beekman, John
L. Parsons, Henry r. Howland, Francis
NJ. Scott, Daniel Magone. Edward NJ.
shepard John J. Linson, Simon sterne
and Prof. Charles A. Collin. Absence
from the city prevented the presence of
James c. Carter, Wheeler II, Peckham and
Frederick r. Coudert
Gov Flower told his guests that his at
tention had been called by reputable law
yers to the apparent omission by the con-
stituuonal convention to make provisions
for continuance of a legislature of
thirty-two senators and 12S members after
Jan. | next, the time at which the new
constitution providing for a legislature of
fifty senator's and $50 assemblymen is to
take effect; that the claim had been made
to him that because OF this omission there
could be no constitutional legislative body
until after the election Of $50 assemblymen
and fifty senators, in pursuance with the
provisions of the revised constitution The
governor continued: while at first I was
inclined not to regard the ques-
ton seriously, looked care
sented, and came to the conclusion that
they at least deserved consideration by
able lawyers. l was the more impeled to
this conclusion by the fact, which was
pointed out to me. that practically the
only answer, delivered by Messrs. Choate
and Root of the constitutional convention
to the criticisms urged was that the new
constitution merely followed the language
of the constitutions of 1886 and 1921.
In this statement 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 re-
mains to be seen Because there IS doubt
in the matter, ] have invited you here to
seek your advice, I want to say at the
outset however. that so far as l am con-
cerned, the question of partisanship or pol
itics, is not Of the slightest consdera-
tion in the discussion OF this matter.
Personally and politically, / have no wish
to crafty by any disposition which may
be made of this subject Officially, how
ever, ] have a duty to perform. If. In
the judgment of distinguished lawyers
like yourselves, there would be grave
doubt about the validity OF the acts Of
the legislature after the lst day Of Janu-
airy next, then the question presents it.
self as to my duty In calling the present
legislature together in extraordinary ses-
sion before Jan. !, so that the necessary
legislation for the ensuing year may be
enacted by a 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 I'm all
its phase 1t was unanimously agreed
that Messrs. Choate and Root were I'm or-
ror when they stated that the constitution
of 1916 was a precedent for the omission
of the new constitution to provide for the
continuance OF the thirty-tWo senators
and 128 assemblymen in office as the leg
sature of the year 1895, as the express
saving clauses Of the constitutions OF 1916
and 1921 We're specifically pointed out,
but on a thorough canvass of the argu-
ments pro. and con, 1t was also agreed
with substantial unanimity that any
doubts as to the validity Of the acts Of
such legislature during the year 1896,
did not present sufficiently grave emer-
gency to Justify imposing on the people
Of the state the burden and expense Of
an extra session Of the present legisla-
tura before tR95