New-York tribune., 1902-07-03

class When as sometimes happened, elther
through the growth of cities or the failure u
make the classes small enough. tive cities gol
into one class the legislature would disguise
special laws in the form of enactments relatlns
to "any city of the second class containing more
than thirty thousand inhabitants and Iocateu
'in n county having a superior court. Inc
ONLY city which fits that description Is Dayton.
LEGISLATION for Youngstown was generalized TO
apply to ''cities having population of not less
than 27690 or more than 27720." All this petit
fogging the Supreme Court sweeps aside hold
ing that the constitution meant what it said III
fOrbidding special legislation
In this State there is even less excuse than
in Ohio for the subterfuge. 1t is here perfectly
possible to make all special laws for cities that
any emergency may call for. provided the pflh-
cipIe of home rule is observed. The only rel-
son for evasion in New-IOrk is 10 put on the
statute book some law applicable to only one
city which that city itself does not want.
Under our situation it is necessary from time
TO time to deal with exceptional circumstances
and give officers in one city special powers, and
our constitution leaves the door open for this
by providing that special laws may be passed
relating to single city or less than all the
cities in a class. subject to submission to the
mayor of the city or cities involved, and in case
of his disapprOval to repassage by the legSlat-
ure Other laws must apply to a whole class
and the classes as fixed by the constitution it
self are only three in number, and each con
tans more than one city, Ncw-YOrk and Buffalo
being in the first. Notwithstanding this plain
but liberal provision the legislature every year
seeks by subterfuge to put special laws on the
statute book. The notorious West-st. grab BILL
which Governor Odell vetoed last year, is a
case in point That measure was general in
form. Various corporations in more than one
city appeared to receive grants, but the bill
was wOrded that it applied TO one corpora
tiOn operating in one city only. In intention
and effect it was the most particular sort of a
special act, and the Governor so denounced it
in his veto message
That message, by the way, marked the be-
ginning of a reform In this State. The Gov
ernOr has not the power of the court to set
aside special laws already on the statute book
and bad habits of legislation firmly fixed
that many acts which are general only in pre-
tence have probably been accepted by him
rather than veto what appeared to be practi-
cally good, for the sake of revolutionizing set
tied methods. He has, however, scrutinized
such measures more and more sharply, and
fewer of them reach the statute book than for
mery. The Ohio decision ought to strengthen
his hands. It calls attention to the evil sharply
and gives lawmakers everywhere such notice of
its character as to deprive them of all excuse
that their evasiOns of the constitution are unin-
territorial and ought not to be vetoed. 1t also
lays down a principle which our courts might
wisely adopt in dealing with special laws which
succeed in reaching the statute book disguised
as general legislation.