New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-13
VETOES LAWS DELAY BILL
NO NEW COMMISSIONERS.
Governor IctS on CunneeR'S fdUicc
That Measure Is Faulty.
Try rELEGnArH TO TIE rRIBuHE.l

Albany. May 12.-C3overnOr Odell to-day made
public his veto of the Laws Delay Commission
| bill, providing for the appointment of Supreme
Court commissioners. He appended thereto a
memorandum saying that he had taken this ac-
ton on the advice OF the Attorney General that
the bill unconstitutional. He had based his
decision both the Attorney Generals advice
| thar the bill was drafted in such faulty man
ner as to promise nothing but confusion and in
reference by its enactment, and on a similar
opinion advanced 10y many judges both within
and outside the department affected. In the
same mennoran dum the Governor expresses his
view that the Laws Delay Commission legisla-
ton is of the utmost Importance. and points
out that he has already approved certain OF
these measures.
The measure vetoed by the Governor to-day
introduced by Senator Elsberg and pro-
viied that in counties having population of
over 100000 the Appellate Division of the Su-
preme Court should appoint Supreme Court COM
mssioners. one for every 100000 inhabitants of
the county TO serve ten years at a salary of
$4,000 1t also provided for the appointment
in New-York County OF five additional COM
mssoners not mem bers Of the bar, to serve for
the same period and act as condemnation COM
mssoners. The regular commissioners, OF
which New-Yor County would have been en-
titled to twenty-five, were to be appointed from
members Of the bar and their appointment to
act as referees in actions or special proceedings
before the Supreme Court was made n'anda-
tory They were also authorized to act in
variety Of actions on the consent or application
OF both parties and for this purpose were to be
divided by the Supreme Court into trial CONF
missioners chambers commissioners and con
demnation commissioners.
The protests Of the Supreme Court justices
against this measure were sent to Governor
OdeT last week. and subsequently Wheeler II.
Peckham wrote an exhaustive argument, which
he submitted to the Governor, urging him 10
sign the measure. The Governors memorandum
explaining his veto was follows:
This bill vas the outgrowth of the recommenda
tons made by the commission appointed TO lnves-
tEate the delays I'm the administration or justice
in the courts Of the greater city. All those who
interested in this matter hoped that from the
Investigation OF this commission there would come
some certain remedy which would meet the ap-
prova of the judges. the bar and the htiSants. The
result of their deliberations has been the lncorppTa
ton of their ideas in various blus, some or Nhlcn
have been approved and it is TO be hoped VIII
result in Improvement in the practice of the courts
one OF the most important measures Is the bill
under consideration.
II Is manfcstly evident that such important
measure should have the careful study which has
been given II by the Attorney General OF the
State. He has submitted an exhaustive opinion.
covering in detail every point in the bill, and has
reached the conclusion that II has been drafted in
such faulty manner, and that there are so many
provisions open to constitutional objections, that
nothing could come from its enactment except con-
fusion ard interference. which would De more harm
mn than rho conditions which il seeks 20 correct
The opinion Of the Attorney General is conceded
q by many judges, both In and outside or the de-
partment affected, and am therefore led 10 the
conclusion that it's approval is both unauthorized
and unWse