The New York herald., 1871-05-26
THE CODE AMENDMENTS
A Republican Member of the Legis.
lature on the Situation.
How the Bill Was Passed aud the Amendments
Struggled In-Who is to Blame for tho
Whole Row-A Lawyers Opinion Of
the Governors 'Fix"-Will the
Bill Become Lawl
ALBANY, May %, 1871.


Bill Become a Lawl
ALBANY. May "a, 1871.
That queer fish OF o bill making certain very ex-
traordlnary amendments to the Code, which has
created such terrible hullabaioo all over the State,
still continues to be the subject OF many heavy legal
communications to the Governor from New York
city and else where wnere lawyers most do congre-
gate. The Governor while recruiting down south
/ dare say mad no IDEA whatever OF the ter
rible task In store for him-that Is, provided ne
proves goodnatured enough 10 examine every one
OF the protests and other documents bearing upon
the much mooted questions which are piled high up
on hls desk awaiting him at the present writing.
doubt very much II there was bill introduced
In the Legislature which gave rise to so muchtak a.
this Code bill has, the authorship OF which St re.
mains among the
MYSTERIES OF THE PERIOD;
and yet, strange as 1t may seem. the measure has
many ardent advocates among some OF the leading
lawyers OF New York city. will tell You the cause
Of It's having strOug friends; for, think, have gos
at the real secret OF the way IN which the Dill was
cookedkup and pushed through both Houses, ana
the motive which prompted the underhand business
pursued by those VINO desired TO make 1t q success.
II should be borne in mind that almost every
year some amendment or other Is made TO the code
at the nsti9aton of lawyers In the Legislature
or lawyers outside OF It who have sufiiclent IN
1ucnce with. those inside to get some Int amend
ment or other tackled on tO code bill, wnicn
Will either benefit them or favored Client.
During the last session OF the Legislature
reported iavorably IN the Assembly upon bill
amending the Code. This bill, Tor some reason or
bers see just what it amounted to. In the mean
time the Senate got up bill somewhat similar IN
members were able to learn OF its real contents-
which was placed OH the iiles The day the Assembly
bill was reported republican memoer who had an
amendment he wanted inserted went up TO the
desk to look at it and found that several amend
ments, entirely separate from the engrossed COPY
wrappers which enclosed the original copy. the
chairman OF the Judiciary Committee was standin
beside the Clerks desk when he went up.
what's In those amendmentsf" asked the repuD.
hcan.
.oh. nothing Of any consequence"
.'Notning that know Of that amounts TO any
.'Let me see,n said the suspicious republican,
taking up the Di. But that's all he was able to DO
with IT, io the Clerk came along and, taking IT out
once -
but let me have It only moment"
Cant be dOne.'
why notr'
.'Weil, it Is wanted in the engrossing room.
There is plenty Of Tune to see II alter IL Is en-
'Do you want anything in IT." asked Fields Of
"Yes, have an amendment here"
.well. put IL in.n and the repuplicsan's amend.
ment was placed among the, the Others; THIS was one
scene OF the act. IL was well set aud was
DECIDED SUCCESS.
The second and last was just previous to the lass
day OF the session, when bills were being rushed
through ut a twofOrty rate, and when nobody knew
OF cared continental what the general bills were,
sonV a. my ali right a Inc cnairnan Of the judic,sry
Committee was IN MS seal Watching W. usual, nov
the :a thing s sra careful @ sto a nonng Inn rus 2.
by the wayside The republican who had had
,ss' Ss oe rss aso
present. Everybody ielt happy over the approach:
Ing dissolution Of the Legislature, and the old
with everybody else. the Assembly bill amending
can member VINO mad manifested 50 much anxiety
about the matter days before scenting the be-
Chairman OF the Judiciary Committee and asked:-
whats become OF that bill I"
"Its all rlght," was the reply.
"Nothing about Erie In itsh
Honor brishtf"
AN AFTER EXPRESSION
Thus the conversation ended, and the bill came mp
daring the rush and was passed, not a single mem-
ber but one knowing at the time when his name was
being called on the roll, and when an "aye" scratch
put against II IN default OF to tue call
one way or the other. that he was voting for the
code amendment bill when had Decn Deautined BY
the contempt section and that requiring the suits
against all corporations 70 be brought before the
supreme Court In the city IN which they might nave
passed, the Contempt amendment never having been
read.
hoodwinked as to the real contents or the bill as
passed was up here few days ago, and In a con-
versaton with lawyer OF this city spoke at length
about what he called the enormty OF the Df.
"Wno do you blame for putting in the objection
able sections" he was asked.
'The democratic members OF the judiciary Com
mlttee."
"Ai of tnemYr
.'well, the chairman must have known what went
.'But lie told you, on MS honor, that there was
no hing wrong In IL when you waneei TO see itf'
III know That. Under the circumstances ne must
have deceived me or somebody him."
.'But II Will never be signed"
II hope 10 will be.n
'dNhat and you republican,
u do; because 1t WIN pc the last nail in Horman's
WHO WANTS THE BILL srGNEDY
In this connection let me give you the result OF .
little tax mad day or two ago with one Of the
''W do you tnlnk oil the bill ~ asked him.
II cannot say exactly. The fact OF the matter is.
Ihave not had rime TO examine it carefully know,
however, that there are some good fatures about
IT. myself drew up one Of the sections which un-
"One OF those which have Deen so denounced BY
the press ~
the bin contains clause giving the supreme Court
judges unlimited power IN the matter OF Furnishing
for contempt then certainly should think IL ougat
before, given the bill that attention should have
had uad time, have already In manner put my
self In opposition TO It," uhe gentleman Is a men,
ber OF the Bar Association
"Tnere Is then, Ia view or the great hue and cry
against the bl little likelihood OF its being signed.
Is that your opinionF'
The lawyer looked rather puzzled at this, and
shrugged his shoulders In Frenchy sort or way as
though he DIDN'T exactly know how To answer 80
leading question, lie nnaily replied
"The Governor happen 10 know is in rather
queer fix about the matter. lie is, as 1t were, be-
tween two ii,es. He Is well aware now unpopular
the bill has proved to be, and yet there is
very strong pressure being brought 10 bear upon
him 10 sign IT,
: ''From what quarteTsfn
"rnere are believe, few lawyers VINO would
like to see the Dill become law, on account or q
feature or two IN II which would benefit cases now
in litigation IN when they have an Interest,"
Are these the men who are bringing such pres
sure upon Inc Governor to sign itf,f
"Oh, no. You see, there are certain men whose
commands are law with the Governor. II they want
the bill TO De signed DO not think he Will have the
courage to refuse TO sign IL The resul: OF the whole