New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-01-27
YOUTHFUL CANAL MEASURE.
.,rroN BY THE ASSEMBLY THAT THE
COURTS MAY NULL1FY.N


Try TELEGRAPH To THE TRIBUNEl
albany Jan. 2G.-The Republican majority in
,,s Assembly started to-day upon the somewhat
,,rilous expedition of passing Canal Commits
sion bin 4 doubtful consttutionality
Assemhyman Weekes. Citizens Union Repub-
uCan. /, Will be remembered. a fortnight ago
introduced a resolution providing for investi-
cation Of the canal enlargement work, under
which S6p0GO0 has already been expended. by
the Legislature itself Mr.. Weekes presented the
,eso,ution because ne thought IT doubtful if
,he members of the Legislature could deputize
,srsons not members Of the Senate or Assembly
- make an investigation Of the canal contracts.
and because he considered it improper for Gov
srnor Black TO appoint the members Of the
csral Investigating Commission. since he had
snpointed George W. Aldridge. the Superintend-
snt OF Public Works who had charge Of the
canal enlargement work
.fr Weekes's resolution was dexterousy shelved
Z, the Committee on Ways and Means by Mr.
nixon. the leader of the Republican majority
Then Mr. Nixon persuaded the same committee
.. ,erort favorably bill which Governor Black
Rad drawn up gi,'n the Governor the authority
- anuort the members OF the Canal Commits
sion.
vrvER SETTLED IN THE COURTS.
eirce then the important fact has been dis
covered that the authority Of the Legislature
u $50 70 deputize the Tden Canal Commits
s,or 20 make the canal investigation OF that
wear was challenged in the courts and that the
,,,o-, -y- Ceneral Of the State and also Samuel
Hand the counsel Of Mr. Tildens Canal Com
mission did not think IL prudent 10 ask the
Cour, = Appeals for a decision upon this impor-
.o,. matter Of the authority Of the Legislature
- delegate its powers. To-day in the Assembly
when Governor Blacks Canal Commission bill
vas under consideration Mr.. Nixon admitted
that the Court Of Appeals had never made a
decision declaring that the Legislature could
clo,he private citizens with its authority to sum-
NOR witnesses obtain papers and make an in
vestigation similar 70 that which II Is proposed
The Canal Commission Of 1898 shall undertake.
NJ Nixon said that Judge Learned Of the Su-
rrerne Court had decided that the Legislature
Corls not thus confer its rights Of nvestiga-
t,on upon others. but that Judge Learned had
been overruled by two Judges Of the Supreme
curt At that point MI Nixon said the contest
Rad ended and The Court Of Appeals had never
given q decision upon the subject
NJ NIXON thus confesses that the Republican
isade-s are going bnndfolded into the scheme
~ rasslug Governor Blacks Canal Commission
bill
They DO not know positively that the bill is
constitutional: they hope II is so There has
haen 8 good deal u careless legislation in AL
harv II recent years. for instance, the LeXow
Antitrust law vas swiftly declared. by the
courts 20 be unconstitutional Governor Black
-rrst feel mortified that he signed the Anti
Trus, act T. Is To- he hoped that the Canal
Commission bin will not suffer similar mis-
fortune. that after the Canal Commission has
heen ORGANIZED its members may not have TO
Cor Tess as Attorney General Hancock has just
a,ne in regard 20 the Antitrust law. that It is
worthless statute.
The Assembly debated the Canal Commission
bill for three hours to-day. As was expected
the Republican, Assemblyrnen supported Gov
ernOr P'acR's bill and the Democrats the Dill
O: Senator Cantor naming the members of the
Canal Commission in the bill. suspecting that
noth measures are unconstitutional Messrs
ls,n1beer and Weekes Citizens Union Repub
leans voted against both measures Mr.. Selgs-
ferr Citizens Union Democrat voted with the
Democrats for Senator CantOr's bin Mr. Weokes
ard Mr. Lairbeer hope that the regular Re
ruilicans will yet come over 70 their view that
the Canal Commission bill drafted by Governor
Back is Il doubtful consututionality and create
E legislative Investigating Commission.
The vote on the Cantor bill follows:
AYES 81: noes. -.
The vote on Governor Blacks bill Ayes.
e. noes. 80
DEMOCRATIC CHANGE OF FRONT.
Assernblvrnen Weekes and Lambeer are more
than ever convinced that the Assembly itself
should undertake the investigation II the canal
enlargement expenditures Mr. Weekes there
fore on Monday VIII introduce his resolution
f,r canal Investigation by the Assembly in
the form ~ bin.
Mr. Donneny. the Democratic leader in the
Assembly said to-day az the termination Of the
debate that the Democratic AssemOymen would
support . resolution for canal invest alton
ly The Senate and the Assembly if their b.ll>
naming the Canal Commission should be re-
tected
This is quite change Of front. Mr.. Weekes
makes me point fha, the Democrats have not
said hat they possess assurances that the men
named 1y them IN the Canal Commission hill
Viii sct II he bill becomes a law. Mr.. Weekes
made highly interesting statement tonight.
He said
Governor Black told me a day or so ago
that the bin is passed giving him authority
- name ne Canal ConntsSloH ne wi' ask the
TWO y the Commissioners, the Produce Ex-
clanPe y NewYork 70 name another. and the
Merchants Exchange u Buffalo . name an
other IN that way he thinks he viii diFeSt him
sef y responsibility for the appointment Of tho
C1mmFslou and secure unbiased men. am.
nevertheless opposed 10 his Canal Commission
t,l becau-. do not think Il constitutional for
III LEGISLATURE % invest persons not " us MEM
tership With authority TO make investigations
Ike this one OF this Canal Department. which
may lead 20 legislation or legislative action.
How would the state regard the bill Z the first
witness called should deny he authority OF the
Canal Commission to ask him questions and
then IL up the Commission in long series Of
law suits2'