New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-02
PASSES.

II might be supposed from the amount of time
and anxious thought which has b,en expended
nv members of the Legislature in endeayofihs
IN nrovide way of escape from the odiouS
necessity Of paying for their transportation
about tho State that the question of free passes
had hoon impcrIouslv remandcd 10 them for
settIomont bv the soy, rcign people AT the last
.,ac,ion If certainly would never be surmScd
fror, tho proceedings Of the Assembly that the
noonlc believed they had disposed of this issue
themselves by adopting the new CONSTITUTION
and were pleased TO think that II had been
nermanently retired. But from other sources OF
information we learn that a great deal of valu-
able freight is waiting on side tracks Tor the
deadbead express TO 90 through. orders giving
it the right Of way having apparently pe'h
issued from headquarters.
We observe with interest that Mr. Joseph H.
Choate predicts a collision with the Conslitu
tion but this contingency does not seem 10
couso rnuch alarm. Some of the free transporta-
ton advocates probably assume dat il their
bill gets past the Governor the rallToad 'oH
NAMES either will not dare or VIII not care 10
take the ease into court; but others doubtless
believe that there would be little danger II thcy
did 1t is an undispucd fact OF course mat
the Constitution explicitly forbdS any pubic
officer. directly or indirectly, for himself or an
other TO use. receive or ask for pass from any
person or c0rporatlon hut 50 many cnacimcn,s
have been iudicially declared not 10 mean what
they meant that we cannot attribute utter idiocy
70 those who checrfully anticipate similar cN
perience in This case
our own opinion has been that the Senate
would smother the bill which Speaker l'lsh put
through the Assembly last Wednesday. ana mat
If by any possibility 1t should r"ach hin' thr
Governor would kill IT with his little veto; but
there would be some advantage In testing Mt
Choate's prediction. II the Court OF Appeals
shall be invoked TO decide the question "t Con
stitutionalty. we shall eventually know whether
or not Il IS possible 10 make a choice and ar
ranpcmcnt Of English words which can De I'm
plicitly trusted 10 signify in law what they ss
nifty in fact And this i an important qu's
ton. which perhaps might better be settled ~
the near future than after another century "r
two Of doubt for Il involves the retention or
abandonment Of English rs tn" language II
LEGISLATION in this country. Outside the courts
the constitutional prohibition Of free passes
could not possiblv be- tortured into meaning
ANYTHING less than or different from just that.
Rut if inside the courts Il IS capable Of another
Interpretation. We might as we'll know II rs soon
as possible If we have got TO employ some for
cicn language or possibly law Latin 10 make
laws in there Is nothing 10 be gained 10y fooling
with the ridiculous English tongue any longer.
From this point Of view il may he s'outly
maintained that the men who were sent To NJ
bany 10 attend 10 the peoples business are faith
fully dscharcing their duty 1t being merely an
accidental circumstance that the measure In
which they are most deeply Interested is one
affecting their own pockets II will give us
pleasure to adopt that opinion on sufficient owl
dcncc We hate to believe that a majority Of
the Legislature, or Of either house are actually
resolved 10 beat tho Constitution from no higher
motive than an ardent desire 10 save "A little
mOnCy.