New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-04-15
KILL TILE MITIGATION BILL.

The Ellsworth Anti-CartoOn bill is as perfect
specimen Of freak legislation as anything that
has been proposed during the recent outbreak
of idiocy by the wdeyed, rat,le-pated lawmak
ers of Oklahoma or Kansas. Crude and mper
feet in FORM inconsiderate and reckless in pur-
pose and sweeping in its scope, it reminds one
of nothing so much as of an angry man swing
ing sledge-hammer to kill a buzzing insect on
n picture or statue or other work or ART III
has all the evidences of having been conceived
in the heat of passion and brought into the
world ill-fashioned. uncomely, half made up
with little Of fitness or adaptation and so
much of uncouthness and deformlty as to enttle
1t fairly to a first rank among freaks. That II
was aimed at an abuse which has grown Of late
to the most scandalOus proportions may DE con-
coded. but it is an abuse for which existing laws
furnish a sufficient remedy whenever its victims
see fit to invoke their protection. The proposed
law is not remedial; it is vindictive in purpose
and would be destructive in operation, If, in
deed its unconstitutional features did not balk
its enforcement at the threshold That the OPP
position to II has not been better organized and
more determined Is no doubt due to the general
,ncredulousness as to its serious intent and the
belief that it could only be intended as joke
one of those grotesGue efforts at humor in which
legislators sometimes indulge as a relief from
the burdensome cares of craftsmanship.
Now that the Senate has passed the bill-out
of simple good nature and friendly disposl-
ton toward its author. as Is generally unoer-
stood-the publishers of newspapers and maya
zines with their artists and employees and others
whose business and means OF livelihood are en-
dapgered by It, have taken steps to make their
oppostion known and either defeat 1t entirely
or secure such radical changes in 1t as will make
II cOmparatively harmless In accordance Win
their suggestions the Assembly Committee on
General Laws, to which 1t was referred ADOPT
cd Yesterday certain amendments calculated 10
mako It less sweeping and destructive in Its
SCOPE and little more tolerable in Its operation
These amendments. however, do not redeem the
measure from its inherent absurdlty. They may
extract the fangs Of 1t and render It almost IN
nocuous. but 1t continues to be senseless and
Ridiculous manifestation Of pettness and spite,
less effective than the bark Of toothless dog
and with as little deterrent influence upon those
at whom II Is directed as that Of a cast-ron dog
in dooryard upon the travelled and expert
enced tramp.
The most important Of these amendments Is
one that leaves the penalty of fine or imprson-
ment discretionary with the Court. But when
that is done it introduces the element of reason
and common sense into the working OF law
the motive and purpose of which are passionate
and unreasonable and make the whole thing
tumble of Inconsistencies. 1t ought not to be
ameliorated but killed outright There Is, In the
first place no need of it. 1t Is overleglslaton OF
the rankest character and as such should be in
continently cast out. It Is the outcome OF re-
sentiment and passionate impulse, and should be
tossed aside as hasty and ill-considered, having
no proper place in legislation that should above
all things be calm, deliberate and Unconditional.
1t is dangerous as n precedent, destructive In
principle and operation and Of doubtful consti-
tutionaty In short. 1t has no redeeming feat
ure II should not be amended. but killed. We
are by no means certain that its opponents are
wise in attempting to mitigate its gross abb
surtlity as a whole instead Of leaving the AS
sembly to act upon it in its naked defOrmity, de-
pending upon the intelligence Of that body to
reject It. or. failing that. upon the strong COM
nonsense and the political sagacity Of Governor
Black to put his veto upon It. And even II it
should become a law with the Governors ap-
prevail nothing is more certain than that it would
fall TO the ground in the courts upon the first
attempt to enforce II.
But the thing to DO we repeat, is not to tinker,
but kill ii.