New-York tribune., 1873-05-07
ALBANY.


ALI. ATTEMPTS TO RESTORE THE ORIGINAL sECTIoSt
VOTED DowN-rHE VOTE on THE SEVERAL
MOTIONS.
TFRoM THE REGULAR CORRESPONDENT OF THE TRIBUNE.
Albany. May 6-The first bill taken mp IN the
Senate this morning that TO reorganize h'
Police Courts of the city of New-York. The queS
ton being on it's final passage Mr.. Murphy moved
70 reeOmmit with instructions to restore the section
ef the original bin which requires the persons neIe
after TO be appointed justices 10 be members OF t'
bar for five years and three years IN practice 10 'n'
CITY Of New-York. Mr.. James Wood, replying 70
Mr. Murphy said the character OF the Mayor wac ="
sufficient guarantee that competent men Wouiu p'
appointed Mr.. Murphy's motion was losV OS 'D'
following vote Democrats in itates -,
YEAs-Messrs Alen Cork, narrower Jof''S0''' LO'"'
Murphy Perry. SeoreSbs Tlc'iGir-tg5 -tg5.5it c,ataeld
NAhs-h essIs a AIatTs' Ii T5%ery McG0wan, Palmer,
Robertson Wagner. d. P. Wood, J. Wood Woodin-lo'
Mr.. Murphv then moved to Tecommit the bill TO
be amended so that the new appointments shouiu
not be made until the expiration OF the terms Oh
Office of the present incumbents. He denounceu IL
A. unjust TO remove officers elected by the people Oh
the ground Of misconduct and corruption without
Fpecifc charges and an impartial trial Mr.. Woouin
denied that the present incumbents were to be re-
r,oy.d on account of misconduct and corruption.
They were TO be removed because the Legislature
believed that better men could be obtained by ap-
pointment than by election to fill these Offices
Mr. Mnrphv's motion was lost by a vote OF to H.
Mr. TYemann moved 10 recOmmt 70 reduce the
salary of the Justices from $500 TO S5,OOO year
and the motion would have passed had not MI
Woodin taken the floor and warned the Senate that
to send the bill back to the Assembly was as certain
70 kin il as though the enacting clause were sIucA
ont Upon this statement two or three Senators
changed their votes. and Mr.. Tiemann's motion was
defeated as follows Democrats in Itdhes'
YEAs-Messrs Allen. Bowen. Chatheld, Cock Har-
rover johnson, Lord, Murpfy OBTe"' Falmef' SoO'eS
SAs@Messrs -i, Adams Ames. Baker, Benedict Dekn-
son. Foster, Lewis, LOwery. MCGOWAN hODetlsOu' N@e
ner WlnsloW. ID. p. Wood, J. Wood, WOodln-l5.
After two OF three other motions of the same kind
had been voted down. the bill passed by the fol-
lowing vote Democrats In IGlsesl:
YRAs-Messrs. Adams Ames Baker, Benedict, Bowen,
McGowSn Palmer Perry. Robertson. ScoreSby, Wagner,
WlnsOW ID. r. Wood, J. Wood, WOOdn-A.
NhYs-Messrs AIen Cock, narrower, Johnson, Lord,
EKTphy TiemGnH-7
Mr. Allen voted against the bill because of the
high salaries allowed the Justices, and ArsOBrien
was exeused.
The original bill has been amended II IN
ortanr particulars. The clause requiring that oahci-
tes for police justices shall been lawyers of nYe
ars practice OF magistrates who have held ofhee i0f
re years was stricken Out and any Gu1sn
now eligible q candidate. The origlhai
WI increased the number Of magistrates to
ea instead OF nine as present, and reduced their
salaries from $4,000 20 5000 per annum' in accordance
With recommendation by the Governor in his message
the Legislature. This has been amended, increasing
s4 salary % s. 900 per anuum. An attempt was made
"a araiu amend the bill in the Senate by reducing the
aries 20 the lower figure and This was defeated Ihe
s-cinal bill gave the Mayor che nomination OF can
Sidates and vested the power Of confirmation IN the
Jndges of the Superior Court Az amended, Ihe power
Of confirmation is gwen 20 the Board OF Aldermen The
.sept tustiees continue in Office until all their sue
ressors are nominated and confirmed. There seems no
reason u doubt that Governor viii sign the bill
1be ;ustces thus Iegislated out OF Office as follows
FIRST Distriot-Edward Hogan and Joseph Dowling.
Second Dstrict-Thomas A. LedWllh anu Io Jo,lH -
T5rd Dstrict Edward J. S1andley and John Seot.,
F0Qrtl DisreF-Buser d. Bl10y ana Jaues l. O'uF
tsr
ita ysJrct-,ia-aes McQlade.
O-e se,ialof e act affords opportunity for delay
% part OF those Interested 1t Is provided that the
present Justices shall hold until all those named as
Their successors shall be confirmed; that until the
entire 10 magistrates are confirmed, the present ncum-
beuts hold over In addition 70 this it is no secret that
the present police Justices viii test the eonsuutonay
o. the act legsaung them out Of Office on the ground
that they are elective officers under the Constitution
and that therefore their must be elected ana
not appointed. II known that good lawyers are d.
vided opinion on this point and II is asserted that at
least one Judge Of the Court OF Appeals mas express ed
himself adversely % the cOnstutOnaty Of the act leg
satur out present Justices There seems 20 De no
question but long and tedious litigation is about
70 entered upon the justices have secured good
legal talent 20 represent them, and will carry their case,
necessary through the intermediate courts 10 the
Court Of Appeals