New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-18
HILL ON THE ELECTION LAW.
THE EX-GOVERNOR CALLS 1T UNCONSTl-
TUTIONAL AS WELL AS PARTISAN.

A SPECIAL LAW MAsoUERADING AS A GENERAL
rAw-rTs PROVISION FOR SEARCHING HOMES.
Albany July lex Governor David B. Hill was
asked his opinion to-day Of the Metropolitan
Election law Just passed. and he expressed MS
sentiments in part as follows:
The extraordinary session of the Legislature IN
midsummer. ostensbly called for the patriotic
soldiers exercise the elective franchise IN the
field and 10 make additional approPIddtttUns ,or o
war purposes. has been used as an occasion lot
partisan attack upon the Democracy OF 'he CITY
A measure has been passed Of most extr ,acI,
principle of orderly legislation. conceded TO De
special and anomalous in its nature. ana at at,
are as insulting as they are false.
In brief. This remarkable law creates new y,r
notan elections district composed OF the whole
q Create e S Wife tns Sd
yides for the appointment by the 1ovS,noi III
state not of to be- with
the State but is limited TO the particular ocal, b
Taaf wnl'n an annual salary Of 5000
amount equal 10 that received by either tne Lieu
General Treasurer and State Engineer elected by
the people of the state at ARG ana Is 10 Rsv and
stenoeraphers and a furnished office at the ex.
T. to anpoint 500 deputy superntendents who are
70 receive IS per day for Their ssrycys nnI s
deems Il Necessary and ali such deputies are to
supervise the registration Of electors 10 ha'e
az yioIat,ng anv Of the provisions of the cleo
ton law in the State and 10 investigate az cues
discharge other unusual and peculiar duties and
exercise powers never heretofore conferred upon
AGAINST THE CONSTITUTION.
bseve this law to b., viola,ive OF the spirit and
letter OF the Constitution The Constitution OF the
State contemplaes equal rights for all It's c'tizehs
that IT recognizes the essential principles or ocai
and home rule: that II provides that local o1hcers
mus, be elected by the people or appoiaIeo by
local authorities and not by State authorities The
courts will not tolerate plain and papable evasion
Of the constitutional guarantees. Police duties are
local duties. no matter what they may be termed
and officers appointed 10 discharge such duties
must be regarded local officials IeSarGieIss Ol
mere forms. The courts Will not uphoid essIa!ion
which seeks TO fasten one system OF admlnlStraon
cratic districts. Legislation which IS es.eh.i ,
local in its character must be eeaad gener
by nisdescription Of It's nature ny d
The tendency of the recent decisions OF our hsa-
est court is toward strict construction OF cons
upon legislative observance Of constitutional mita-
lions and restrictions The court more man e'e ~
discover the true object designed 10 be accom- com
plished by their provisions, regardless OF 'sie""
Ing titles and transparent DISCUSSES 49,.
These decisions indicate that siatntes-no la,'e yer
and purpose. are essentially ana Inherently local IN
their character vii no Longer ne Veil ndulge
in the expectation that the old case Of me peGPld9
VS. Drspe5 II Or b the authors 80 Of the present
scheme will not be followed TO the extent OF sane
tioning the invasion Of local and personal tights
contemplated by this UBIQUITOUS measure
UNPRECEDENTED PROVISIONS.
The RIack law Is not only insolent and dishonest
as a whole but some Of its provisions are unpre-
cedented and positively dangerous The deputy
Observation-Disclosures hundred In all-are per
mitted by Section Of the act TO visit ana IN
spect any house" IN the city Of New-York The
confer vast powers The extent Of the visitation
and inspection is not defined and there Is no hr'ila
ton upon II. II is apparently left 10 the soie us
creuon() Of the deputies themselves Ihese ne
publican heeers and spies are thus author%eu ~
enter the house Of any Democrat IN New-1orh
CIV uitbou, LET or hipdrance-they can inspect
tho house TO their hearts content; they can remain
therein as long as they please they can examine
his parlors his bedrooms. his wine-room' MS oe'-
lars his attic. his pantrythey can enc a,nrtment
and look under the beds ana N lnt ciose'S "a
can question the occupants az n n naGa Cline
These inspections can be repeated a dozen 'ihes
dav and tho citizen is without rennsuy. o-a NOR
This power OF inspection IS nothihs NOR ~ ho
less than right Of search and yoiates 'h ths
ronstttuiional provision which declares ina. IN, me
Deople shall be in their houses against just
such unreasonable searchers. . o,,.,oo, mn .
rgniIy but displays an ignorance Of legal phrase
oiogy and forms ha Is s'ar naee s' the Whoe UNI
Io ssdes police the force Of becx and
all ~ hes
bv inevitably inviting conflicts jeaousies and de-
noralization generally
M1sCHIEvOUs PRECEDENTs.
The presidents which such legislation creates
will prove mischevous in the future history OF tho
STATE Instead Of uniform State laws we shall be
overwhelmed with special legislation OF every sort
instead of localities governing themselves. we shalI
witness the spectacle Of the same laws enforced by
local officials in one county and by State ofhcais
IN another.
Everybody knows that this law was enacted not
because of any wefounded apprehension that
the new Democratic Chief OF Police would Gea!Iy
refuse enforce the ee-tion avs OF ne oda' e.
but solely because Mayor Van wye, reIuS go, 20
keen in Office TWO discredted Republlcan folice
Commissioners desired by a, KePuDhcan i@ M
now In control Of the poltica! machinery ia New
The n,efarious political character OF the meas,
ure is evidenced by the fact that II IS proH G
that tho Kepublican appointes o. the present Gov
srnor is 10 remain IN Geg why should this
appointee be fastened upon the next two Governors
one or both Of whom may be Democrats!
A TEST URGED.
The present Metropolitan Elections law. like the
old Metropolitan Police act Of years ago, will prove
an unpopular one. advise tina; It's constitutional
.ty be tested in the further suggest that
when the DAYS for registration shall approach two
hundred Democratic members Of the bar or New
York should volunteer their services to defend the
poor and unle;tered Democrats, occupants OF tene-
rnent-houses. who may be sought TO be prosecuted
and intimdated under It's harsh PROVISIONS. 10 see
that these persons not unjustly or arbitrarily
arrested Just before nighfal and lodged in jail
over night without a hearing; 10 procure writs Of
habeas corpus their behalf and otherwise TO pro-
ect their rights. and that one hundred wealthy ana
patrotc Democrats should volunteer 10 furnish bail
for any Democrats illegally arrested or prosecuted
without cause so that bail may at all times be
available to prevent their unjust incarceration
pending an Investigation. In this manner this IN
famous law VII! be deprived OF its sung ana us ca
pscity for intimidation will be mlnimized.
The fact should be observed that this scheme Is
not a . temporary device or eXpedient to
continue only during the term OF the present Demo-
cratic officials suspected of contemplated evil prac-
tees but under Section OF the II Is designed as
q permanent measure permanent policy OF the