New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-14
TIE RAINES BILL AND THE GOVERNOR

Tho forcinc of the Raines bill through the
.ssorob,v NV tho methods employed for the
purpose raises at once two important q"es-o.
Will the Governor sign the Dill! III he sishS ~
will the Court Of Appeals uphold II: hi'uei'o
the provisions Of the bill have been the subject
Of DISPUTE Its intrinsic faults are just "ii''
they always have been and an all-suihcieh' rea-
son for keeping 1t off the statute DOOR, bu' ii'n'
now until its fate has been decided they VIII NC
IN a measure obscured by considerations arising
from the circumstances of Its passage 1neic
Is some ground for supposing that Governor
Morton has awaited with anxiety the time wheh
it would be necessary for him TO make up Ills
mind what to do with 1t. The Governor mas
never before had so strong motive lor "ah'hs
a wise use Of his power as that when now poS
sesses him. He has intelligence ana ia'sc
endowment Of prudence. He knows mat 'ierr
Is tremendous opposition 10 this liquor i'A oi'
on the part of citizens whose judgment ne IT.
snects and whose goodwill he desires 10 retain
Our impression has been that IL the bill should
roach him he would sign 1t, but not without
strong misgivings and deep regret that he hau
been COMPELLED TO face difficult SITUATION
II that Is the state of mind in which Governor
Morton had been prior to Thursday, what Is Ills
state of mind to-day? The situation has GER
tainly changed but we are not prepared 10 SLY
whether he regards 1t rs more or less emDar-
RAISING than II was before. II Is the same Dill
"A bad bill as we believe, in common WIN
multitude Of citizens. and as we are inclined
70 think the Governor himself believes; but IL
now comes TO him with q new demand Tor us
roiect,on on account Of the way In when IL
cornos to him II was driven through the AS
sembly by not merely tyrannical but actually
,owless exercise Of force lawless at least In the
sense that it was contrary to the rules which
that body has prescribed for its own govern
mont and lawless also, as many maintain, IN
the highest degree because contrary 10 the Con-
stitution. That the proceedings were utterly
irregular. disgrace to all who had share IN
br,n cling them about and an alfront to the peo-
nile in whose name they were taken. Is not
doubted by ANYBODY, not even by the most
tubant creatures of dcspotic boss. Perhaps
the Governor thinks that Thursdays perform
ance has made his task harder, by rendering the
Raines bill more hateful TO him and at the
same time intcnsfyiug the eagerness of men
| who could not tolerate the thought that they
had disgraced themselves in vain.
On the other hand, 1t Is possible that Eov
ernor Morton has obtained, or may obtain,
|
of the forces which are behind it by rejecting
mon the methods which were employed to
place 1t in his hands. We should like to be-
lieve that such lawmaking Is utterly repugnant
TO him, and that he Is incapable OF becoming
| responsible for its enactment. The Issue Is aD-
solutely under his control. SO far as this bust
| ness is concerned his function is now not execu-
tive but legislative and his power is equivalent
| in
nine In the Assembly. He cannot possibly
escape the obligation which rests upon him. He
must decide whether the people Of New-iork
shall be made subject to a law which he knows
O multitude Of them strenuOusy oppose because
| of its intrinsic character, and which would re-
main q foul blot on the records Of the State
because of the manner Of its procurement, even
| though It's technical validity should be upheld
There is little doub. that If Governor Morton
signs the Raines bill its constltutlonality will
be submitted to judicial decision. 1t Is seldom
safe or profitable to forecast the verdict OF
| court: but 1t Is at least difficult to comprehend
| what the Constitution means by saying that
| "the doors Of each house shall be kept open ex-
| "cept when the public welfare shall require
Secrecy" II 1t does not mean to prohibit such
n performance as that Of Thursday The doors
Of the Assembly were not kept open. They were
kept closed continuously all day. To concehe
that the public welfare required secrecy would
be to concede that there Is no conceivable con-
tingency Of politics which might not be held TO
require secrecy, and consequently that the con-
sttutional mandate Is null and void Perhaps
the courts will reduce the organic law to mser-
able felton, but we do not understand that IT
was framed and adopted with that intention
|