New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-07
REAL Us. SHAM INQUIRY.

If banking investigation committee in the
course of a legislative study OF the banking
laws and their possible improvement wanted the
record of the Governors hearing of charges
against Superintendent Kiburn it might prop
erly be incorporated in the evidence ilustra-
tive of conditions. If a Senate committee con-
sidering a resolution for investigation asks that
record the Governor may very likely comply
with the request but we do not see that he is
under any obligation to do so. that either
branch of the legislature has any right to under
take TO try Mr.. Kilburn over again or pass in
review the conduct of the Governor in the trial
of Mr.. KiIburn as a substitute for an investlga-
ton of banking conditions and a revision of
laws found to foster banking abuses, which are
the proper business of the legislature and which
public opinion demands.
This is the point at which the views expressed
by Mr.. Pound, the Governors counsel exactly
fit the case. The legislature has its proper
sphere of inquiry, but the assumption of execu-
tive functions either 10 pillory or to vindicate
an executive officer not removable by the legis-
lature-whether 10 serve partisan ends to
escape its own legislative duty-is not within
that sphere. The hope of some members Of the
Senate TO avoid exposure of banking abuses and
at the same time put the Governor lin a hole
can no more succeed than similar efforts sue
When Governor Higgins called the extra session
for the Hooker trial there were loud demands
for an insurance message, which the Governor
withstood knowing well that with the two topics
before them the BLACK Horse Cavalry" would
have a trading stock and nothing like a fair con-
sideration of either could be secured. 1t took
courage TO do this. and more courage to endure
misrepresentation by honest men. when, with the
Hooker case out of the way, he found an honest
investigation could be secured and asked for it.
So now he has refused TO countenance an imprOp-
erly directed investigation, not meant really to
do good. but 10 offer an excuse for not doing
good But he has not opposed proper legisla-
tive inquiry, and declares that he has all along
expected there would be one. That is a
perfectly consistent attitude. The msunder
standing of it has been due to the politicians
who wanted TO throw upon him the blame for
blocking a proper legislative inquiry and who
seized upon his attitude toward an improper ex-
ecutive inquiry ny the legislature as an excuse
for so doing
By the way what do our Democratic friends
who were so merry over this drawing of the
line between legislative and executive functions
and so anxious TO picture 1t as an attempt by the
Governor TO cover up evil-what do they think
of Judge Parker? Can 1t be that he, too, is try
ing 10 cover up evils-in this case judicial rot
tenness? The other night at a judiciary banquet
at Rochester he said
When a few days ago l read in the papers OF
the introduction of a resolution at Albany by
a member OF the Assembly calling for d gen.
eral investigation of the Judiciary of the State,
an investigation into a coordinate part of the
government which the legislature has no right
make. felt the time had come for a protest
Protest against light! Try TO stop the legis-
lature from getting information about any gov
eminent matter! 1t might want TO establish
some new courts raise judges salaries. We
shall expect to see Judge Parker denounced
with Governor Higgins and Mr.. Pound for "sit-
ting on the lid" because, like them, he thinks
the duty of the legislature is to legislate and
study topics of legislation. instead of acting as
an amateur Town Topics" to feed the public
appetite for scandal about coordinate depart
ments where it has no corrective power. Where
it has a corrective power nobody questions its
right of inquiry 1t is some of the Sena rs
who want TO do anything but exercise that II ht.