New-York tribune., 1907-07-09
EXTRA SESSION BEGINS.
7. S. NOMINATIONS IN.
Gouermor Hughes Asks Apportion-
ment and Primary Legislation.
fBy Telegraph to The Tribune. ]


vened tonight He also sent in for confrma-
tion his nominations for Public Service COM
Inissioners. While his message studiously
avoided making any suggestion which could be
interpreted partisan in the Senate-Assembly
conflict over apportionment the Governor urged
in the interest Of the public a speedy solution Of
this difficulty. That any such solution must be
accompanied by personal sacrifices did not in
the least lessen the necessity for subordinating
personal interests 10 public duty The Gov
ernors message follows:
State of New York Executive Chamber,
Albany, July 8, 1907.
To the Legislature:
have convened you in extraordinary session
in order that provision might be made for an
apporionment of Senators and members of
Assembly in accordance with the requirements
Of TIE constitution. and recommend that sub
jcct for your consideration.
Il Is not my purpose TO propose a particular
plan Of apportionment. 1t is the function of the
Legislature To formulate such plan and submit
Il by suitable bill for executive action.
The constitutional powers and obligations Of
the Legislature with respect to this matter
have been clearly defined by the Court of APP
peals. The import Of the decision of the court
was thus stated in my message of May 1:
The constitution contains certain mandatory pro-
exercise Of legislative discretion. It Is Of course
impossible 10 divide the state with mathematical
eXaCtness. The recognition in the required
by the constitution, OF county, town and block
lines, prevents an apportionment which would
suit in absolute equality of representation But,
Judge Chase says: AS the discretion of the
LEGISLATURE relating to the relative number Of in
habants in Senate districts arises from necessity,
II should where the necessity for discretion
ends The history of constitutional changes in
regard 70 legislative apportionments as the learned
Judge points out. shows a gradual withdrawal
from the legislature OF discretionary power and
continued adding Of constitutional limitation The
cretion necessary preserve county and other
lines and TO give reasonable consideration TO the
otger PEersiens of the constitution IS left to the
legislature"
The matter is not one Of personal preference or
Of individual interests. does il rest in large
political discretion. II was wholly to eliminate
sUch considerations that the people, in adopting
the constitution. so strictly limited the leg
isatve power As the Court OF Appeals said in
the matter of Smith agt. the Board Of Supervisors
CAS- y. Y. ls0: The evil sought 10 be remedied
by the new constitution 10 prevent those gross
discrepancies in apportionment and representation
that had long been public scandal and reproach
10 the good name of the state
The people entitled 10 have a perfectly fair
superintendent in accordance with the letter and
tts srirft Of the cons+i.,,+ion No consi54ra+iors
paramount 70 this Just requirement.
The failure TO provide suitable apportion-
Tnent at the regular session in the absence Of
any public reason has been a serious disap-
pointment 10 the people To avoid further
public inconvenience it IS of great importance
that the matter should be disposed Of
promptly Obviously such a question, involv-
ing political consequences gives rise 20 a cor
fict Of interests, and its solution cannot be
hoped for without personal sacrifices But the
of public spirit lies in the readiness 10 make
such sacrifices. and the people nave right TO
demand. and 90 enphatiCally demand, that pub
lie duty shall not be subordinated 10 personal
interest or convenience.
7 also recommend for your consideration and
action the question OF amendment Of the
primary election law as 70 make adequate
provision whereby nominations Of candidates
for public Office may be made directly at pri-
mary elections.
In my first message to the Legislature I said:
Il WAS apparently the intent Of the primary cleo
uon law Section ~ 20 give 10 general commit
zee representing party IN any city village
in county wholly within any city or in a bor-
ougn, authority 20 adopt rule that the nomina-
uons Of the partys candidates for specified offices
should be made by the enrolled members of the
primary elections On account Of other provisions
q Law doubt has been upon its scope and
erect To provide opportunity FOR a suitable
tTlal OF the system of direct nominations I recon-
h-hd mat an amendment be passed providing.
with SUFFICIENT clearness that any general commits
lee o. party may adopt a rule providing for
direct nominations. and that thereupon voting ut
The primaries shall be upon official ballot printed
al the public expense. II is probable that under
an unambiguOus law Of this kind the method VIII
De adopted in one more important counties and
mere all thus be furnished a satisfactory Of
me desirabity Of having system Of nominations
.! alTect primary vote. Our own experience will
tension
Provision was made at the regular session for
an Official primary ballot, but not for direct
nominations. l recommend that provision be
maze Tor the latter. and for the reasons already
slated and in order that the movement which
promises an important reform should be en-
couraged in a suitable the measure
should be Of an optional character
CHARLES f. HUGHES.
SENATOR TRAVIS PRESENTS HIS BILL.
over the direct nominations proposition there
seems likely 70 be considerable trouble. Senator
Travis tonight presented his bill which was
kiied at the regular session, though It had the
Governors approval Senator Gilchrist imncdi-
ately announced that he intended TO offer an
amendment that the whole proposition of direct
Nominations be submitted by referendum TO en-
r9iled Republicans all over the state.
senator Raines, majority leader also pre-
scented problem when lie introduced resc:u~
"a referring TO the judiciary committees Of
he TWO houses the question Of election Of
senators raised by the Attorney General re-
Gently
Practically no business was transacted to-
night beyond the bare organization of the Leg
lsiature and the reception Of the Governors
message Contrary 70 general expectation, botn
houses we're well represented. more than thirty
senators and more than eighty Assemblymen
answering at rollcall. They were hot and rather
disguised having come here, but consoled
themselves with the idea that they could 20 homo
whise committees struggled over the work Of
the session An arrangement which viii permit
This 10 a great extent has been made. Commit
'ees will be named 10 take up app0rtonment
End the other subjects before the session While
they organizing the Leglslatu turc viii stand
y recess until Wednesday, and by that time the
leaders hope 10 have things IN shape another
Teoess can be taken until such time as the COM