New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-13
TWO TETOES

Governor Odeil is living up to his reputation
OF giving careful and judicial scrutiay to the
bills which come before him. His vctoes yes
terday OF the Kemsen East River Gas bill and
The Supreme Court Commissioners bill Will, we
think. command the favor of Impartial! citizens
In Withholding his signature from the gas bill
the Governor showed himself better guar
dian of the citys interest than the Mayor.
When the bill was pending In the legislature
the Assistant Corporation Counsel in charge
OF bills vigorously opposed il. Nevertheless,
Mayor Mcclellan gave it his approval. although
the measure grants perpetual franchises with
out compensation \ similar measure last year
was vetoed by Mayor Low. 1t is undoubtedly
desirable to move the gas plants TO Queens,
but the city authorities have full power to grant
the necessary permits on reasonable terms, and
the only purpose in going 10 Albany was TO
avoid the twenty five year limit on street fran
chises and fair payments for them
1T doubtless took some courage TO veto the
Supreme Court Commissioners bill. 1t had
highly respectable backing, and abuse and mis-
representation were already beginning TO mani
fest themselves in anticipation OF veto.
With the purposes of the Laws Delays Com
mission we have had entire sympathy but,
as we have before said. we never have been
convinced that some OF the features of the
plan contained in this particular bill were we'll
thought out or safe. Instead of being amend
ed in the legislature TO guard against dangers.
provisions were introduced to serve private
ends Lay commissioners were authorized In
New-YOrk County. whereas, If there was any
virtue in them-and we are inclined to think
there was-they should have been authorized
as well for Kings County; the term of service
at the bar for commissioners was reduced from
ten TO five years and the door was opened for
the choice Of commissioners in the Second De
DlrtmpOt by n strict marty vote uos avidau+
that if the bill became law there would be
scramble for patronage which would be gro
tesque in the light Of the bills purpose TO abol-
ish judicial patronage. These considerations
were enough to make the wisdom Of signing
the bill extremely doubtful. In addition the
Attorney General, an able lawyer and a Demo
crat advised the Governor that the measure
unconstitutional and likely to produce
more confusion and delay in the law than
it was intended to cure. Under such circum-
stances. Governor intent upon doing the right
thing by the courts could hardly fail to inter
pose a veto.
The charge is. of course. made that the veto
is dictated entirely by politics, and even by
political revenge because Of the Mayors failure
to let the Republican organization have some
local patronage Examination will show. how
ever, that every political consideration favored
the signing of the bill Here was chance for
inv INcpuDil'dHS ~ OF Tdtner 10 accept
from gold plata lot of fat offices amid the
applause of refOrmefs. If the Governor had
himself planned such scheme he would have
been denounced. All he had to do was to let
the party take the gifts which the non-parti-
commission provided. And he refused! II
is well known that Republicans here get almost
10 court patronage. This bill would have given
them at least half. Suppose the organization
was disappointed over the municipal courts bill!
missioners. AS a simple proposition of politics
II was wise to let Tammany have half Of the
salaried cOmmissiOnerships, which meant places
for fifteen tried Democrats at most and cut off
the whole system of referees which now puts
every young lawyer under pressure to work
actively for Tammany even If he gets only
one petty reference n year. 4 thousand sepa-
rate 500 references are worth far more to Tam
many than fifteen $4,000 year places The
Governor could have cut off this TammaDv as
set and at the same time have created some
offices much desired by influential Republicans.
Ii would have been good politics Instead. he
acted on the advice Of the Democratic Attor-
ney General that the measure would have q
bad effect upon the administration of Justice
He is entitled to the credit OF that choice.
We regret that the painstaking work Of the
Laws Delays Commission has not borne bet
ter fruit. Some of it's best bills never went
through the Legislature. This was the radi-
cal one which the commission most set its
heart, but from the first there was wide differ
ence of opinion among judges and eminent
lawyers about 1t, and even those VINO were in
clined TO favor it on the whole as an expert
ment worth trying had grave fears for The re-
suit. If the scheme is really a good one it
will bear the test of years discussion 1t is
fortunate that, pending that test. the courts are
saved from the confusion Of doubtful experi-
ment