Westchester with 127,000, that, according to his theory ought to have ten times as much. Nobody has ever dreamed under this or any other apportionment, of giving it more than three times as much.

What do the people of this State come to the Legislature for? Counties To make laws for the whole State; to represent the whole State, rights in the have equal and each part of the State is interested in the whole. My friend legislature. down here upon this side talked as if all the wealth accumulated in the city of New York ought to lie at the basis and foundation of apportionment. Who owns the magnificent harbor which is the foundation of all her prosperity and those great rivers which meet to kiss each other at her door? Why, the little county of Niagara might just as well claim to own for itself the Cataract of Niagara, that other wonder of the world at the other end of the State. No, sir, they come here representing these divisions, and the first rule always has been, and always will be, I believe, that each one of these divisions, these counties which have been formed as political divisions for the very purpose of being the centres of home rule, if you please, of local government, every one of them has the right, and the equal right; and if there were but sixty counties, if there were but sixty representatives, they must be distributed among these sixty counties, upon every doctrine that has ever prevailed in this State; and the little county of Putnam in that case would be entitled to the same number in that assembly as the great county of New York.

cited.

Mr. Chairman, if you want to go, for example, to good Demo- Florida cratic authority, I want to give you some on this doctrine in support of this proposition that is represented in this scheme; that is to say, that the greater the territorial extent of a little and poor county the greater shall be its representation in the popular branch of the Legislature. Florida - is not that a good Democratic State? Did anybody ever hear of a Republican entering its borders except for the purpose of summer recreation or for the investigation of fraud? Florida says: "The representation in the House of Representatives shall be apportioned among the several

2 H

The practice in Georgia.

Evils of amending on the third reading.

counties as nearly as possible according to population; provided, each county shall have one representative at large in the House of Representatives; and no county shall have more than three representatives." Think of that.

Georgia is not that a good Democratic State? Here are States that are all of one way of thinking. Georgia apportions her one hundred and seventy-five representatives among the several counties thus: "To the six counties having the largest population, three each; to the twenty-six counties having the next largest population, two each; to the remaining one hundred and five counties, one each. After each United States census, the General Assembly may change the above apportionment so as to give to the six largest counties three each; to the twenty-six next largest, two each; but in no event shall the aggregate number of representatives be increased." Is that good Democratic doctrine?

183. Legislative Procedure

The importance of the details of legislative procedure is fully shown by the following speech made in the New York constitutional convention of 1894, by Mr. Vedder:

Mr. Chairman, the object of this amendment, I think, was apparent to each delegate as it was read. Under the Constitution, as it now is, a bill may be amended upon its third reading. This prevents a bill from being amended on its third reading. Under the Constitution, as it now is, a bill may be passed when it is not printed. An amendment may be made to it which changes the whole nature of the bill, and without any of the meinbers of the Legislature knowing anything about it, except, perhaps, the mover. Especially is this true during the last days of a session. There has probably been more bad legislation by reason of this defect in the Constitution than because of any other. This is the way it works: The Clerk announces the reading of a bill; he begins its reading, and a member of the Legislature offers an amendment which no one may understand but himself, and the amendment is adopted, and the reading goes on and the bill is passed as amended.

In the hurry and probable confusion of the moment, no one but the mover of the amendment may know exactly what it is or how it affects the nature and subject-matter of the bill. It may radically change the bill, and yet it passes, reliance being placed on the statements of the mover of the amendment, who may himself have misjudged its effect in changing the bill.

This will prevent that. This makes it imperative that every bill must have been printed and upon the desks of the members at least one calendar legislative day before it can be voted upon or before it can be passed, and on its third reading no amendment can be made to it, nor can any debate be had.

amendments at the last

It is an exceedingly common thing, and happens at every session Important of our Legislature that an apparently insignificant amendment is offered on the third reading of a bill. The bill passes with it. hour. The amendment may be innocent of itself. It then goes into the engrossing room, and what was left undone to change the nature of the bill on its third reading is done in the engrossing room, and it goes to the Governor, and no one knows how the amendment got in, and it can be traced to no one in particular. All we know is that the members have voted upon a certain bill, and when it reached the Governor it was an entirely different bill.

184. Problems of Legislative Reform *

The difficulties in the way of sound legislation and suggestions for improvement in legislative methods are thus summed up by a commission appointed in New York in 1895 to investigate the whole problem of intelligent law making:

bills are presented.

By far the major part of the bills which are presented to the How Legislature are drawn at the instigation of private or local interests, and frequently without regard either to their effect upon the general body of legislation of the State, or upon adverse interests, or upon any interests other than those which prompt the drawing of the bills. They are presented during the greater part of the legislative session practically without limitation as to time of introduction, and without notice of their purposes to interests

The members cannot

examine them

critically.

to be affected. They come from the Legislature in such bulk and numbers that their proper consideration is impossible, even on the part of the committees which have them in charge, whose duty nominally it is to digest, examine, study and have hearings upon every measure which is submitted to their care.

No reflection is intended to be made upon the committees or their members for the non-performance or partial performance of a duty which has become too onerous for human possibility. When presented to the Senate or Assembly, and placed upon the files of members in printed form, they are presented with so little method as to procedure, when they are to be considered on second reading or in committees of the whole, that it is practically impossible for even the best informed and most industrious legislator to understand what changes are being made in the existing law, or to keep himself so informed as to the major part of the legislation, during its passage in the Senate or Assembly, as to exercise a deliberate judgment before he votes. It is no exaggeration to say that it is physically impossible for him to even read the contents of his files during the session, in addition to the performance of his other duties. The consequence is that usually each member takes an active personal interest in the bills which come from his own constituency, and sometimes takes an interest in the general bills which come before the legislative bodies, and, as to the remainder, constituting the vast majority of the bills, is compelled, in the language of Senator Edmonds, to enact, by his vote, the measures into laws "in the hope that fortune rather than time, study and reflection will take care that the public suffer no detriment."

This Commission invited the opinions of persons of large legislative experience, and at several sessions have been favored by their attendance and their views. There has been a general agreement with the views of the Commission on the part of those who have been thus invited and attended, that to secure better legislation in the future it is necessary to methodize and improve legislation in the following particulars:

local bills.

First. That all private and local bills, including bills which Private and relate to municipalities, shall be filed either before the beginning of the legislative session or within thirty days before their presentation to the Legislature, unless the Governor of the State takes upon himself the responsibility of making a special recommendation of urgency; and that each bill shall be accompanied with proof that a notice was duly published or personally served, or both, as the circumstances of the case may require, on every interest which may be affected by such legislation.

Second. That the petition for such legislation shall set forth its general scope, object and utility. This petition may be answered in writing by any adverse interest. Such petition, and one or more answers which partake of the nature of pleadings in a civil suit, shall be filed with the bill, and these petitions and counter-petitions, duly signed, shall accompany each bill of this character during the whole of its legislative progression.

Third. That Committees of Revision, both Senate and Assembly, should have their powers enlarged for the consideration of all measures, both public and private or local, and that each of such committees shall be assisted in its labors by a lawyer of at least ten years' standing, with an adequate salary to insure proper talent, who shall have such assistants as may be necessary. These committees to act as advisory committees for redrafting bills, and for recommendations as to their effect, with suggestions as to their operation upon the general body of the law, and to point out constitutional or other defects. Such counsel to be appointed by the Governor, Lieutenant-Governor and Speaker of the House, for a fixed term.

Fourth. That a day calendar shall be printed one day in advance and distributed among the members.

The opportunity for objections.

The revision of the

laws.

measures.

Fifth. That general public measures should be referred be- Public fore passage to the Commissioners to Revise the Statutes, to report upon the effect of such measures and their place in the body of the statute law.

L