New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-05-10
UHoMNEDIEU BILL LOCAL MEASURE.

Mayor Low did well to make an earnest pro-
test to Governor Odell against the L'Homme-
dieu bill Quite aside from any question of its
merits It is a bill about which the local au-
thorities are entitled 10 voice according TO the
spirit If not indeed. the letter Of the constltu-
ton The bad character of this bill as an at
tempt TO make good mass of perpetual fran
chises which we're acquired for speculative pur
poses. or 10 shut out the competition of those
who would improve them. is SO clear that we
have no expectation of its approval by Governor
OdeIl who has made an enviable record by
standing firmly against all schemes of corpora
tons TO get undue advantages at public eX-
pense The holders of these consents had am
pie time in which TO improve them as they
were bound TO do by their contracts when ac-
curing them. The terms have already been
extended, and at the last minute. when the
franchises appear of value as compared with
the twenty-five years franchises with which
the spectators must hereafter be content the
corporations which took no pains TO render TO
the people the service for which consents were
given now seek 10 fasten their perpetual grip
upon q large number Of city and suburban
streets.
Governor Odell also has an enviabe record
for his opposition TO all schemes TO evade the
constitution. The old West-st- grab bill was
measure in general form. and Governor Odeu
vetoed 1t on the ground of its evasion of the
home rule provisions of the constitution. and
took an advanced stand against the habit OF
putting local bills in general form. The L'HOm-
medeu bill does just this. 1t applies TO cities
Of the first class and 10 cities. towns and vii
lagos in the county Of Westchester- This is
clearly an attempt at evasion. and if il would
pass the courts il would be only techni-
caIity owing to the somewhat loose language
OF one phrase ia the constitution which pro-
vides that general city laws those which
relate TO all the cities of one or more classes;
special city laws are those which relate 10
single city or 10 less than all the cities of
class" The LHommedieu bill relates TO all
the cities Of the first class and TO two of the
cities of the second class. Some may bubble
that this avoids the definition of q special law
ID that il relates to more than al the cities Of
class. That is, however, nothing but a bubble
THe plain intent of the constitution is legisla-
lion by classes, not 10y confusion of classes. and
that general bills. if they deal with any cities
in any class shall deal with all the cities of
that class. The correlative definition of general
laws. which must be taken with that of special
laws TO reach the proper meaning, makes this
clear If they are not general they must be
special, yet 10 be general they must relate TO
ell the cities of more classes" That is,
they cannot relate TO all the cities Of one class
and some of the cities of another. They must
relate 10 all, OF whatever class classes they
deal with
The L'Hommedieu bill relates TO YOnkers.
Mount vernon and New-gochelle. in the third
class II does not relate TO Auburn. Bingham
,on Newburg Oswego any Of the other
cities IN the third class. Therefore We believe