New-York tribune., 1902-11-12
LOCAL BILLS" "

The campaign for the State Senate in West
chester County brought anew to attention an
old question of legislative manners and morals.
Senator Mills who was unsuccessful candl-
date for reelection was confronted by charge
that at the last session of the legislature he had
supported a measure for the protection of Can
fields Saratoga gambling house. The measure
in question gave a police justice in Saratoga
Springs exclusive inferior criminal jurisdiction
in the village, and made it impossible for op-
ponents of open gambling at the resort to go
over the heads of the local officials who IA
vored gambling and prosecute before Justices of
the peace in neighboring towns as they had at
tempted to do. Senator Mills replied to his
critics that the bill made no reference to gam
bling, appeared on its face to be a meritorious
measure for local administration and its object.
as declared by Senator Bracket it's sponsor,
"was to promote law and order and to secure a
"stricter administration of the criminal law
within that municipality" He likewise pro-
ceeded TO explain the conventional rules Of
legislative courtesy as follows:
It has been the custom Of the State Senate
during my term, and understand has always
been in practice, to carry out the wishes OF a
local Senator respecting local legislation affect
ing only his district. For instance, II intro
duced a bill affecting Mount Vernon alone. it
passed by the Serpnte upon my recommends
been true of any other Senator, unless indeed,
his bill appeared upon It's face to be intrinsicay
bad. Senator Brackets bill. referred to in the
circular upon its face seemed to be intrinsically
good, and not bad. He explained to his fellow
Senators that its real purpose was the same as
Its apparent purpose. namely, to secure
stricter administration of criminal law within
the limits of Saratoga Springs and the better
prevention Of all criminal conduct, gambling in
cluded. His fellow Senators accepted his word
they would have accepted mine or that Of any
other honorable Senator respecting his local
legislation and passed the bill by the very large
majority of % to &. The idea that Senators
Brown. Ellsworth Humphrey. Krum, Strana-
han now Collector of the Port of New-York)
and White, all of whom were among those vot-
ing for the bill and were men OF long prior
vice in the Senate and of the very highest char
acter. public and private, would vote for a bill
in the interests Of gambling is utterly absurd
We do not question the good motives OF SEN
ator Mills or any OF the other Senators who
voted for the bill. though, in view Of the con-
ditions which have nOtoriously existed in Sara
toga, Senator Brackets assurance of a pur-
pose to secure ''the better prevention OF all
criminal conduct, gambling included" was
audacious, to say the least We do wish, how
ever, emphatically TO dissent from the doctrine
of legislative responsibility for local measures
set forth in defence of their votes. We have
seen that doctrine invoked to cover a multi
tude of sins. We have seen citizens, through
none Of their business to inquire what laws
were passed affecting their property situated
within the district OF some other member with
local BILL This notion that the Senate may
delegate to one member all its powers over mat
ters relating to his own district Is vicious one
II means that any member who uses ordinary
cleverness TO cover decently improper and dis
honest schemes may do what he likes with the
affairs Of his locality. If he is an unscrupu-
lous partisan his fellow lawmakers must aid
him to trample on the political rights Of thou
sands Of citizens who are not his supporters.
II he is corrupt they must aid him in robbing
his people, turning their franchises over to cor
porations which have secured his favor. 1t
means, instead of government OF the State by
one deliberative legislature, lawmaking for each
section OF the State by an individual despot
whose will is, as n matter of empty form. rati-
fed by his fellow despots. That is what the
courtesy theory and log rolling practice with
regard to local bills come to in the end