New-York tribune., 1902-03-16
TIE "DEsPoTIsM' OF EXECUTIVE POWER.

TIE "DESPOTISH' OF EKECUTTVE POWER.
The argument in the Guden case yesterday
brought forward some interesting questions con-
cerning the nature OF our State government and
its checks or lack of checks on the abuse of
power Whether the Governor in removing
Guden for offences committed before the begin
ming of his term acting within the limit of
bis constitutional rights is a question at issue
before Justice Gaynor. and we shall not attempt
20 argue that phase of the subject or to antici-
pate the judges decision. General Tracy in his
argument, however developed some views OF
the necessary limits of executive power in a
republican government which are fair subjects
for public consideration. The court will decide
whether or not the words of the constitution
do as a matter of fact bring such misconduct as
that of Guden within the Governors jurisdic
ton. The public ought 10 consider whether. if
in fact they have by their constitution conferred
such power they have in principle surrendered
their liberties and set up a despotism. 1t may
be that the constitution does not authorize re-
noval except for misconduct in Cffice. but Gen
eral Tracy goes much further than that. and
practically promulgates doctrine which denies
the reality Of executive power when he says:
II I correctly apprehend IT, are to consider
whether the Executives power is restrained by
a written constitution. whether we are to
have an absolute dictatorship: because I believe
that If this order of the Governor be maintained,
then every officer in this State, every sheriff,
every town clerk, every district attorney, holds
his Office. by the will of the people of the
State. but by the absolute voice of the Executive
unrestrained and unlimited by any written con-
sutution and under no control with the posi-
bility Of review. If this be So it is a. absolute
q power as that OF any dictator that ever lived
IL the possession of final authority is the mark
OF dictatorship, the Governor is just as much a
dictator if he removes for misconduct in office
for anything else. If the written constitution
reposes in him the broader discretion he is
no usurper TO exercise it. There are those who
think il dangerous and unrepublican TO confer
upon the Executive any discretion from which
there is no appeal; but where does that Iead7
To absolute paralysis OF government through
the lack of fnality about anything Those who
fear tyranny, and say that Governor becomes
a dictator when a sphere, however small is set
apart within which what he says is law seem
20 forget that there are many such spheres
within which what he says is law For a
month after the adjournment of the legislature
his word whether one measure and another
shall become law or not is absolute He is
commander OF the National Guard and he
can order out the troops at his own will He
makes appointment which nobody can review
Probably General Tracy would concede that he
can make removals which nobody can review.
not because he is dictator or despot. but be-
cause we live under written constitution. and
that constitution has conferred upon him such
authority finally and absolutely, just it has
conferred finally and absolutely upon the Court
of Appeals corresponding functions.
The Governor is an independent branch of