New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-18
METHODS OF LEGISLATION.
REFORMS RECOMMENDED BY THE COM
MISSION.
TOO MANY BILLS TOO HAsTY CONSIDERATION
uNsYMMETRICAL AND UNBALANCED RE-
suLrs-pLANs FOR oBvIATING
THESE THINGS.


The report of the commission appointed by
Governor Morton to recommend changes IN the
methods of legislation. filed on Monday. is a
pamphlet of thirty three pages. The commission
consists OF Lieutenant Governor Saxton, Danforth
f. Ainsworth John J. Linson. John s. Kenyon
and Simon sterne. They speak Of the conditions
now existing in the methods of the Legislature
recurring improvement, as follows:
The single legislative session of 1896 was produc-
of upward OF LOS acts requiring s0f here
printing three large need Se 90 great as to re-
Qu.re In one year tor single state: lVao new en-
sSon onethIrd of the bills that Commanded the at
tention of the Legislature and bears witness irst
S to :ne w iie became laws are needless
probably. mschievols ard second tnat II Elsa .
lure under existing conditions. TO carefully scrutlna
ise become cognizant OF the measures pe'o'e
them.
PREVIOUS ATTEMPTS INADEQUATE
Notwithstanding the efforts heretofore made, 1t
must be confessed that they have not proved aoe-
luate checks to the evils of over-egsiaucn ana VI
s;ipshod and n-considered measures. This cond,-
ton of affairs is evidenced by the constant growth
of the annual output OF laws the increasing diri-
culties which bese courts in their interpretation
the larger proportion of laws which under the gulse
Of general laws seek merely private ENDS ana tne
very large amount of evidently unnecessary specai
ana local bills which become statutes it,,
tive Article Of the Constitution went into force as
the result of the recommendations made Dy a t Gon
man a few years prior thereto. and subsequently
ton. This amendment was expected 10 remedy IN, tlC
evil of careless and over-legisaton from when TINS
The Iegisature was prohibited by that section
from passing private or local bills upon certain an,
statute books should not be numbered with multi
tude Of special laws the objects OF when couid De
better secured by the enactment OF general statutes
But whatever benefits may have accrued from the
tn haV
greatly aggravated certain evils me most iscn,es
the cuisc Of general laws legislation designed 10 af
feet private interests and 10 meet individual cases
This practice which has become very common:
tends to destroy the symmetry OF the laws that nat
thus amended 10 nH e Sn sna
lie judicial construction and precedent and In many
vn Se 4pHe Hf S Se IN
behalf
Among the evils to be eradicated the Commits
sion says is;
w es Paaes ON ystf aS on
lie official. the responsibility of construction in
Apparently conflicting and rreconcilabe positive re-
quirements of law compel the exercise of legislative
SUPPOSED sun 1i' to- be admnlsrative simply
SO ce @ e S99Tch = the sa Gaed eves h
opinion of the Court. that it was not safe for MN nm
law in Respect to public mprov ,mens the cities
OF New-York and Brooklyn and added that me
supersedeG and repealed so often and to such
extent that it is diiicu to ascertain lust VIVA!
What a commentary is this upon the condition Of
the laws Of great CommonWeah Wnsn i, Us almost
impossible to ascertain upon given suDJec, VIVA i
the statutory enactments are! Ana yet every CHI
teen is presumed TO know these laws
BILLS FOR PRIVATE INTEREST
BY far the major part of the bills which are pre-
scented to the Legislature drawn at the insiGa-
ton OF private local interests. and frequently
without regard either TO their effect upon the gen
eral body of legislation Of the State or upon ad-
verse interests or upon any interests other than
those which prompt the drawing of the bin They
are presented during the greater part OF the legis-
iative session practically without limitation as 10
time Of introduction, and without notice OF their
purposes to interests to be afsctsd dhe nyn eSns
that their proper consideration is impossible even
S ON Gne whose duty nominay is to digest
ure which is submitted to their care.
The Commission makes the following recon-
menoaIIons:
THE REFORMS SUGGESTED.
That all private and local bills. including bills
which relate to municipalities. shall be filed either
before the beginning Of the legislative session or
within thirty days before their presentation TO the
legislature unless the Governor Of the state takes
upon himself the responsibility OF making a spe-
cal recommendation Of urgency: and that each bill
shall be accompanied with proof that notice was
duly published personally served. or Doth as the
nteTes; winch NAV be affected 6v such legislation
That the petition for such legislation shall set
forth its general scope. objec, ana utility. This pc
ton may be answered in writing by any adverse
interest. Such petition and one or more answers
which partake Of the nature Of pleadinss IN owl
and counter petitions duly signed shall accompany
each bill Of this character during the whole OF It's
That Committees Of Revision. both Senate and As
semsIieration Of all measures both public private
and local and tina, each Of such committees ; sna.
years standing, with an adequate salary to in
sure proper talent, shall have such assistants
m be These committees
advisory committees for redraftng bills. and for
as to their operation the general body of the law.
and 10 point out constitutional or other oeIec Gus
Such counsel TO be appointed by the Governor Lieu
tenant-Ciovernor and Speaker Of the House FOR q
fixed term. T.,
That d day calendar shall be printed one day in
advance and distributed among the members.
That general public measures should be referred
before passage 10 the Commissioners 10 Revise tne
Statutes, to report upon the effect OF such meas
and their place IN the body Of the statute d w.
empowered to take testimony.
That every committee should be required 10 report
the private and local bills which have been submit
ted TO II. with the reasons for its action, wthn
certain number OF days after the bill has been COM
That some OF the Senate committees should be
enlarged. particularly such committees as nave I'M
posed upon s such as inc Committee on Cities
the Committee Finance, the Committee on Jul
That propor,iona,e share of the printing ex
amounted during the last session to the sum OF
Ss and in whose interest," and at whose request
legislation is considered particularly moneyed cor
rorafions stock corporations private individuals
That the general laws should be completed as
RAPIDLY as possible. and all public statutes should
he incorpora ed into .hem into one OF the Codes
That an bills amendatory of the general laws or
OF the Code should refer briefly in their title 10 the
general subject TO which they relate.
That all amendments TO city charters or 10 the
general municipal Incorporation laws should briefly
state in the title the subject of the sections OF the
statute which proposed to be amended
That with reference to every bill affecting any
aepartment Of the State government the general
administration o. the law subject 10 the supervision
of such department. notice thereof snail be given
10 Inc head of the department having the admins
tration of such subject under his supervision and
an opportunity afforded him 10 be heard before the
BIZ is reported or passed
THEY ARE NOT UNTRIED.
Most of these propositions have been considered
in other States OF the Union. and the more impor-
tant OF them have been adopted in some of those
States and work well Attention is particularly