New-York tribune., 1909-05-03
HUmBUG ABOUT THE LEGISLATURE,

HUlfBUG ABOUT THE LEGISLATURE-
Some admirers of the Legislature are re-
ferring to its achievements as marking return
to a constitutional form of government. Execu-
tive domination, for a session at least, they
say, at end. and the state had Legislature
which thought for itself. the trainers of the
constitution intended it should do Mr. Will
lam Barnes. jr, of Albany. expressed this idea
when he said on Saturday
The popular outcry made by the press against
the bosses corporations and other tangible
forms of power lost at the last session of the
Legislature its significance to the members OF
that body, and whereas year ago ana Two
years ago they accepted the infallibility or
Hughes this year they began again to think
for themselves and if with the bit in their teeth
they went far it is not surprising; II is simply
human. Execrated, maligDed no act OF theirs
given decent consideration for two years. at last
their innate manhood naturally asserted ltselr
above temporary political CONSIDERATIONS
We watched the Legislature with interest
throughout the session, hut We failed to see
that it began to think for itself in any different
way from that of its two immediate predeces-
sorS or that its innate manhood asserted itself
in a new and surprising manner. It's attitude
on the sO-called Hughes measures was precisely
like that of the last two Legislatures. Take the
subject of direct nominations. Governor Hughes
recommended that policy 10 the Legislature of
1907 which rejected it, and again TO the Legls-
lature of 1908, which rejected it: and now it
has been rejected by the Legislature of 1909.
What is the difference: If rejection of direct
nominations proves thar this Legislature is in
dependent. il alsO proves that those Of 1907 and
1903 were independent. If il shows that this
one thought for itself, ii equally shows that
its immediate predecessors thought for them
selves. As for the refusal TO extend the au-
thority of the Public Service commissions over
telegraph and telephone conlpanies-that other
evidence that the Legislature has resumed its
position in the constitutional scheme-last years
Legislature also refused TO extend the commits
sons jurisdiction over them Wherein was one
craven and the other brave:
Moreover. the attitude Of this Legislature
toward these two questions during the session
was precisely the attitude Of the Legislature
of year ago toward the anti-gambing legsla-
ton and of the Legislature Of the year before
toward the public service legislation Its pred
ecessors did not pass those measures because
they regarded Governor Hughes as infalible,
and this one did not reject his recommendations
because it had come TO realize that he was not
infallible Not in the least. Those two LegS-
Iatures watched public sentiment carefully. and
when they saw sure indications that there was
an Overwhelming popular demand for the bills
referred to they passed them. This Legislature
watched public sentiment just rs sedulously.
and when it found that an overwhelming de
mand did not develop. rejected the bills before
it, No concealmen was made of the fact that
if the sentiment for direct nominations proved
TO be as strong the sentiment for the anti
gambling bills direct nominations would go
through. Where then is the great constitu-
tiOnal difference:
1t is a humbug This Legislature was like
al other Legislatures. There no sterner
stuff in it. No Legislature bows to an EXecu-
tive Every Legislature bows and will bow
TO public opinion. Executive usurpaton" is
humbug. too. Governor Hughes is pOwerleSs
unless he has the people behind him. And he
must have something more than their general
sympathy and confidence. He must have their
earnest and active cooperation. the results
This year surely testify. Moreover, If the
American people are capable of selfgovenment,
no one can regret that Legislatures are respOn-
sive 10 the viii Of the people or that executives
contribute TO the effective organization and
preston of The public will.