New-York tribune., 1907-06-27
THE LEGISLATURE.

The custom of damning legislatures Is so
firmly established among those who would be
esteemed enlightened critics of our institutions
that when they contemplate the results OF the
session at Albany just closed they cannot even
find a few grudging words OF praise for tnls
years Legislature. The laws 1t has passed are
admirable; SO the enlightened critics have hit
upon the happy expedient Of praising the leg
!slation and damning the Legislature. That
legislatures are bad is too firmly established
theorem to be upset by a mere mass Of excellent
lawmaking.
Now, 1t seems to US that a legislature Is as
fairly entitled to be judged by It's fruits as any
othe- human institution, and Judged by Its
fruits, we have had an excellent Legislature.
The laws for the regulation Of corporations,
the amendments OF the election laws the police,
night magistrate and city court laws affecting
this city, the laws initiating q policy of con-
serving for the people the water powers of the
state. the departmental investigation law and
the National Guard investigation law, to men
ton nothing else, make up a mass Of legislation
inteligently aimed at betterlng government un-
equalled in many years at Albany or elsewhere
OF course, the greater credit for most Of this
legislation belongs to Governor Hughes, who
suggested 1t and formed public opinion in favor
Of It. but that does not rob the Legislature Of
the credit of enacting 1t. The Legislature had
the gOOU sense anu puDllc spirit 10 pdSs NOA NY
legislation suggested TO 1t. And it was some
thing more than rubber stamp" for the char
acter of the Legislature is as clearly shown in
the bills il did not pass as In the bills 1t did
The grab" bills and 'sneak" bills and "strike"
bills usually abundant in each session notably
failed In this one.
There is a tendency TO put the Legislature in
the pillory because in one notable instance it
opposed the Governors wishes, and TO represent
it as really hostile TO him all his programme
and surrenderlng reluctantly because its cour-
age unequal to its hostility. This criticism
is entirely absurd. The Assembly stood by the
Governor throughout the session, and there never
time when he had not with him clear
majority of his party's representatives In the
Senate and when a caucus would not have put
through, as it finally did, the important meas
ures of his programme. When it is remembered
that men like Senators Tully and Hooker and
others who were the Governors friends and
supporters on all other occasions voted against
him on the Kelsey incident it Is easily seen
that the vote for Kelsey was no Indication Of
the Senate's attitude toward the Governor. Per
sonal friendship and the partisan tradition that
it is little short of party treason to vote for
the removal Of a fellow partisan who has been
honest in Office compassed the Governors single
defeat and furnished peg on which to hang
the criticism that the Legislature was reIuc-
family good.
II the lawmakers in passing the reform leg
lslatlon OF this year acted in response to public
opinion, that surely reflects no discredlt upon
The Legislature, for this is largely a govern
ment OF public opinion. We generally think
well OF legislative body that nteligently re-
hects the best public opinion, and one Of our
readleSt criticisms Of bad" legislature is that
1t is Indifferent to defes public opinion 1t is
hardly fair then, though it may be extremely
critical" to demand that legislatures heed pub
lie opinion and then refuse credit to them when
they do.
No. we do not see how to praise the legisla-
tlon and damn the Legislature. The two hei-
nous onences Of the present body appear TO have
Deen responsiveness to the public and co-opera-
uoh with the Governor. But 50 long as the
puoiic was sensible and the Governor wise and
patriotic the Legislature seems to have a valid
eAcuse-so valid that are content that the
republican party should stand upon the record
OF the Legislature. The people are not crit
IcaI enough to separate legislation from Iegjs-
iature We hope the next Legislature will he os
good and do as well as this one