New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-29
Npw.YoRK CONSTITUTIONAL CONVENTION
THIRTEENTH wEEK-LXXIHo DAY.

INV DC ~ 10 " Uc|LSS6I DNSLVIS D4@S'i"S
-Bascoms Check upon Chancellors voted Down
The New Supreme Court-The Lawyers
Warnng--B Bankrupt Laws-A Democratic Chan
cel0r.
ALBANY. Thursday, august q. 1916
To ae Ed1;or u TIE Tribune
SIR. I find nysel; unable 10 give you This even
ing proceedings at length Ny impression il that the
Committee. plan with is y Supreme Court Judges
Appeals &c VIII pass that 80 County Courts viii
no; be offered al the the People bat left
the legislature Perhaps County Court q limited
scale nasr pa-. o: course, the EewYork superior
Court Recorders Cour:, and many others vii be ar
touched.
among Others NJ Bacon pre-ented the following
plan This evening, nut it found ltte favor
There .lial. ~ Court ai Common Plea wiki such
POWERS md jurisdiction -al be prescribed by svy
On- ;e judges theT-u! shall be elected each the
Ceuuu-- OF II. ; de entitled by is number Of inhabitants
Tue divided INTO Judcia! District. 70 10
eorlce, may be, I'VE OF he Couses entitled 10
elect JuGg Of said Court.
There shall circuit sessions OF tie said Court By
Of iue Judges thereof in each OF he Counties II Judicial
Dlsrci shall proper.
There ,lsl! be baoc Of the said Cogr b
judge thereof IN the seyerni Counties OF the District
often tie Judges thereof shall deem proper.
appeal shall be from the decision 0: t four Judge
BGuc ;he Court Of Appeas bu; the party appealing
shall recover costs upon ms appeal.
For the and decision Of cruinal there -e
associated wstb HE Judge OF tie Common Pleas, he
the tUufif ind Justice Oi iNt tti4C. OF
Tie County oF III Tue hencs o Tie surrogate t'" Jus-
u the Peace
The Governor may detail Judges Judicial ric- from
any 0t tho judicial Districts to any other District
II rnay Judge from the language and Mem
oer- as this week quoted are 10 nave Party judi
cary united by the powerful bond OF -eiutere-t and
those party udge= have thu control Of the law 10
such extent that even tue Legislature may find l'-ei
powcrlcsb Tor amendment reform. Irirlous Con
ution OF doubtful Interpretation Is obe -addled upon
IN. benefit oil the @ and that few the intriguing
artiul specializing gambling portion OF the community
What Is Equity J"1sd,c,ton
In TINS state defined in page pa Of Vol OF the
ID edition OF our Revised Statutes as iollow-
80 The powers and jurisdiction Of the Court ot
Charccry are coestensive with the powers and ju.s
dioton OF the Court OF Chancery England with the
exceptions additions and limitations created and IN
posed by the Constitution and laws Of this state
IN no law il there any effort made dctne
what tnc=e and that luriedICtOu extend to
Tho only way that nm American, in New-(o can lind
out what Chnucery Court laws he l. bound by, i TO
r,ad carefully those English books Tint what
said haze been all the decisions Of all the Lord
high ChRncclurs England during the lat 800 y.ir
and also all the statutes OF England IN winch the Court
u Chmcery : mentioned or II proceedings regulated
or pfcscrb a. Whether the above section includes the
dccous Of English Lord ChGucellOrs up this date
or all only up 10 some particular
year the past, present future, nobody can tell
The statute book like the Constitution Is silent and the
duClsioRs of the present Lord Chancellor oi England
declared by Chaucery lawyers to De American
Inv and by ohcrs be OF apocryphu authority Equi-
" tins state may be defined certain powers con
tanned 900 volumes oil British books, one half the
decisions in which contradict the other half according
the character OF the Judges and Government in val
ages l. II not huniatng 10 the national PRIDE Of
people 10 be reduced TO the necessity OF obey
50O0.1 foreign rule- for the benefit OF body OF
lawyers and oil an ar;tu faction whom these lawyers
control
To-day the Convention voted on the following import
ant section:
''5 Te,e shall bea Supreme C0p ht;as soaeoi yuys.
i,cttoH ~ i4d.r aud Equity.
Tn, Yeas were 90. Nays li-Absentees II
Messrs Baker Brown, Dubois, Richmond 81 John.
IHit j Taylor, and / think Bergen. voted against
the section Alter the called over, they
asked 10 change their votes and did am not sure as
MIR Bergen
Those who fnallv voted in the negative We're Mcs-rs
B,,seom Bull Gardner Hunter. Mann, Marvin, Murphy.
shepard summons stow, Swackhamer, Taggart Tut
hin aud Worden Some of these II desired 20 retain
things substantially ms they are. Others, Ike Bascom
ana Swackharncr, wanted Chsncery powers defined and
Limited Eighteen members were absent VIZ Messrs.
Bouck Russell Nelson, Jones. Munro, Brayton II Back
as Cook. smith. shaver Uavlcy, Sears MaNwcll-6so.
Mr. 1lden who abscnted himself an several important
divisions to-day. and Mcssrs Mcneil McNi,t, Sanford.
and - all the other members voted for the section.
Previous 10 this vote. there were two others OF very
important character. motion by Mr Brown. and
the other motion by Mr.. Bascoui, 10 which ear
ncstly invite public attention
Mr., Blows desired TO have adopted in the follow
iug orm
"f There shnl Hc Supreme Court having the
md 49,. C,,,, - C,c. ra,;; J,y. snb;, ,n s,c, an
tion. nWd regulations a, may be prescribed
bv law"
Mr. ,,,-r,, =, MA ,l,, ,,; ,,, would ,,;,
Tho nj and Forir, =, form, bnr il worid
isy, 10 ti rL, M, vr To srnnra,e ,bc,n md
again erect the Cour, OF Chancery
Mr. RRow> did not desire 10 separate them His ob.
ice, wa. that the supreme Court should possess the
sane jurisdiction as Is ro ere,s,d by he present Corr; Of
CtGgcery and Suprept Court The Legislature possessed
no mower 10 separate these Courts and he did not enter
tsiu n jealousy OF the Legislature.
,dg {,.c.i Is asked what there was to prevent the
Legislature from saying that a certain number OF the
,,Hren, Court ures might be ass ,ed 10 do the law
duties and certain numbe, to do the Equity duties
MANY members here have complained of the extent OF
~ ,,yer of the Court OF Chauccry and desired 10 r..
Ivbur there in the section ros j, was fpallv
",, ,t go r,,ra;n th. Co,rt3 .Ga,arsl T,ylsdic
rber. j. nothing tbere m prcyent the SUPREME
% 49,, 5; .yr, hin, i,br ~ Fcr;,y I,r
i. '''''' i ~ Sc,,os9 ,nl,r,;,.1 -,x
''VIo'-" ~ w. t, <o,, r,t,, ro,,r- povrs
NJ. ZION -, 80 nv e. O. ~, 90 Wv , ~,
-, Cn,,rr ,~n az pryoyn WV powrp or rtTy
- -, on csorrSS,,rxT TO ,fMfr nv coSrRoI
III ,rc,.r~d Mr. Browns amendment because j, pro.
yaea the means of setting some limit to Equity powers
and h,caus, there were certain portions of the urdic
,,o, al Tho Co,rt ot Chsncery which ought 10 in The