The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-03-09
MIZET con- NITTEE Illegal.
So Were All Special Committees Appointed
by Either House since 1902.

ALBANY. March S.-The appointment Of
special investigating committees since 1892
under a resolution passed only by one branch
ot the Legislature was illegal. This would in.
c,lie the Mazet investigating Com nittee. the
Fallows Committee which investigated the
Surrogate's Office Of New York county rs well
as the Special Legislative Committee which is
row investigating the financial affairs OF tho
city Of Syracuse.
Section 81 Of the Legislative law passed in
1892 says: Neither House shall. without the
consent Of the other. appoint any committee OF
its own member or others at the public ex-
pense except In cases OF contested elections"
The attention OF the presiding officer Of the
Senate was called to-day to this provision Of
law. The occasion was the consideration OF a
resolution offered by Senator Coffey Of Brook
Ign providing FOR the appointment Of a special
committee of Ave members to inquire into the
management Of the Third Avenue Railroad
Company OF New York city. senator COfey
desired the immediate consideration OF the
resolution. Senator Grady raised the noint OF
order that under Section u OF the Legislative
avs quoted above n committee OF either
house Qf the Legislature cannot be appointed
where its action will incur any expense 10 the
State. except under the authority OF a resolu-
ton adopted by both. houses, Lieut. Gov.
Woodruff, who was in the chair, held that the
point was well taken. Senator CofYey then
moved to amend the resolution 40 that II would
require the concurrence of the Assem- bly,. The
amendment was adopted and under tho rules
the consideration OF the resolution went over.
as n concurrent resolution cannot be cousid-
cred the same day IT is introduced.
While this ended the incident 30 far as Sena-
tor Coffeys resolution was concerned. the
leaders in tho Legislature soon came 10 a full
realization OF the Importance Of the point
raised by senator Grady. II the Democrats In
the Assembly last year Ind known OF the ex-
istpnCe OF the provision OF law referred to the
appointment OF the Mazet Investigating Com
mlttee would have been impossible, IA the
resolution providing for the appointment. OF
the committee could not have leen passed In
the Senate. because several Of the Republican
Senators were tied up with the Democrats on
nearly all questions affecting TAM many Hall
II ha. been the custom OF the Assembly each
year at the close OF tho session to appoint COM
sI'uati n ana com mitteos TO look into other
questions. so that ret orts cOuli be made to the
succeeding Legislature. These committees
would spend several thousand dollars each. and
were always appointed under resolutions
passed By The Assembly only, Hereafter one
polntmcnt OF investigating committees, and
the situation can readily be imagined II an at.
tempt 70 secure q Legislative investigation
were made, one BRANCH Of the Legislature be.
ing Republican and the other Democratic.
Last week the Assembly passed n resolution
Home Committee to go 70 Bath to Inspect the
Stat" Soldiers Home there. 1t appears now
that the Ias-Age of that resolution was Illegal.
While the appointment Of these special COM
mDti"es 10y either house since lN!'2 was He
ga. the expense that they incurred and which
essary 10 meet such. expenses were appro-
priated by bills passed bv the Legislature.