Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1894-11-16
FLOWER ASKED ADVICE
He Questions the New Legisla-
lures Constitutionality.
REAssURED BY MANY LAWYERS.

II WIN Not he Necessary TO Cali an Ex-
ira session of the Legislature Say His
Advisurs-The Governor Talks Of the Re
form Legislation.
NEW York, Nov. 16-Governor Flow |
or met in this city at the Windsor hotel |
number OF New York lawyers who had /
been invited by him to discuss the ques- |
rions raised with reference to the consti- |
nationality Of the legislature which Is to |
assemble tho first Monday in January.
Those present were Benjamin Il. Tracy,
William Il. Hornblower, ex-Judge Noah
Davis, Francis Lyndo Stetson, Henry n
Beekman John t. Parsons, Henry ~
Rowland, Francis M. Scott, Daniel Ma
gone, Edward NJ Shepard, John J. Lin
son. Simon Sterne and Professor Charles
A. Collin Absence from the city prevent
Cd the presence OF James q. Carter,
Wheeler I'll. peckham and Il. II. Coudert.
Governor Flower told his guests that
his attention had been called by reputa-
bic lawyers 90 an apparent omission by the
constitutional convention 20 make pro-
vision for continuance Of a legislature
OF 82 senators and i2S momhers after
| Jan. next, tho time nc which the new
constitution providing for a legislature 81
| 80 senators and 100 assemblymen Is 20
| 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 tho election OF lou as
| semblymen and so senators in pursuance
/ Of the provisions Of the revised constitu-
ton. The governor continued:
He was In Doubt.
| "While at flrst was inclined not to
regard the question seriously, / looked
carefully at the arguments presented and
came to tho conclusion that they deserved
consideration by able lawyers.
II was the more impelled to this CON
clusion by the fact which was pointed out
20 me that practically the only answer
made by Messrs. Choate and Root OF the
constitutional convention to the oritl.
oisms urged was that the new constltu-
ton merely followed the language Of the
constitutions of 1s48 and 1921. In this
statement those gentlemen were wrong,
as anybody can soc by comparing the
three constitutions Whether there are
more substantial reasons than those urged
by Messrs. Choate and Root remain to bt
seen.
BECAUSE there Is doubt about this
matter / have invited you hero to seei
your advice ] want TO say at the outse
that SO fur as / am concerned the ques
ton OF partisanship or politics Is not o
the slightest consideration in the discus
sion of this matter. Personally and po
litioally have no wish TO crafty by an.
disposition which may be mado OF TIL
subject. Officially, however, have
duty to perform.
If in the Judgment Of distinguish
lawyers like yourselves thera should b
grave doubt about the validity Of the act
| Of the legislature after the LIST day Of jar
1 uary next then the question presents i
4 self as to my duty In calling the preser
Il legislature together In extraordinary ee
II sion before Jan. Il so thnt the necessaI
| legislation for tho ensuing year may
enacted by constitutional legislature.
Question Must BE Settled soon.
II have asked you to this conference
| first, because l want your legal ndyic
and second, because you represent the 4
nuencoa at work in this city for good go
eminent, and legislation 70 further Oh
course Is imperativeiy needed soon
the validity Of the acts Of the legislatu
after Jan i can successfully DO challen
ed, then it is important that reform le
isiation should been acted before Jan.
So far "a the state at large Is concerne
concentrations now available will DO sui
oient to run the government until SGT
30 next but provision would have 70
made for the period following sept.
and until Legislature could constitutio
) ally assemble.
q but locally there is, as I have sal
necessity for legislation which shall mo
! fully carry ont the will of the people
expressed in the recent election. To tn
viii every good citizen must subm
abandoning every selfish or political 90
sidoration and ondeavoring to the exto
OF his power TO promote the city's highI
welfare.
in Lawyers Treasured Him.
30 ~ want you 70 give this subject 20
n careful attention, and | want your b
az judgment on it. IL, as lawyers, you agl
u, that It is doubtful whether there will
Is a constitutional Legislature after Doc.
OF then, as citizens interested in good g
III eminent ] want you to aid me all y
no can in expeaiting all needed reform i