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6

The Green Bag

den’s greatest services while Governor was to rout the Tweed ring in New York

City.17 Massachusetts faced problems not un like those in other sections, and Mr. Bishop's connection with the State Senate

becomes

of

interest,

because

through his influence measures were enacted important to the welfare of the Commonwealth, and because his career led to the memorable gubernatorial cam paign of 1882, in which national as well as local issues prominently appear.

For instance, during his first year as

lature of that year having passed upon

the question of advisability, and having deliberately decided to make an excep tion to an established rule, the question could not properly be revived by a.

succeeding legislature."

The bill to

amend was later disposed of on a point of order,n and the Society still holds property under its Charter of 1857 up to the amount of $350,000 exempt from

taxation.

While a member of the Senate, he served upon several important com

mittees.

The chairmanship of the Re

senator, a bill was introduced to amend

trenchment Committee, which he held,

the charter of the Evangelical Baptist

was aptly described by an associate as the “most important and disagreeable position in the state government." Dur ing the campaign of 1878 the Democrats

Benevolent and Missionary Society, a

corporation which always has owned Tremont Temple in Boston, and having been favorably reported by the proper committee, the bill came up for a third reading." Contrary to the settled rule of Massachusetts the charter gave to the

Society the right to invest funds up to $350,000 and derive an income there

from free from taxation.

The bill to

amend this provision in the charter seemed likely to pass. In a dissenting speech he discussed the question and compared it with the decision in the

brought forward the charge that mis management and gross extravagance in the administration of state affairs ex isted, and although beaten at the polls

their statements were doubtless well founded. Governor Talbot consequently in his inaugural address recommended radical changes which the Legislature at once undertook to carry out, and to this

end selected the joint special committee

Dartmouth College case," and urged that

above referred to. “Bills were drawn by or under the thoughtful and able

it was there held that the legislature ought not to alter a charter already

guidance or direction of the chairman in such a way that very few of them failed

granted, if contrary to the wishes of the

to pass through both branches without

corporation, except where both of two conditions exist, namely, where the legis

amendment or modification. The work done that winter by the chairman of the

lature has the legal right as in the

Retrenchment Committee will be remem

present instance, though not in the Dart mouth College case, and where the cor

bered by every member of that com mittee as most careful and arduous."22

poration has failed in the performance

By the Committee's work the Common

of its part of the contract or the legis lature has in some way a moral duty to perform; adding that however unwise might seem the grant of 1857, the legis

wealth was enabled to save annually many hundreds of thousands of dollars.

"From 1869 to 1872 Tammany leaders filched from the cit about $100,000,000. ‘3 Senate ournal, March 7, 1878. 10 4 Wheaten 518.

’0 Compare a recent decision in which the court

upheld the right of this Society to hold groperty to this amount. Evangelical Baptist. eta. acuty v. City of Boston. 204 Mass. 28. "Senate Journal, 1878. 178. "Boston HemkLJuly, 1882, letter of T. C. Bates. one of the Committee.