The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-12
The City Railroad Bills in
Both Houses.
ANXIETY About Senator Tweed's Expul-
sion, but His Case is a Puzzle.
The Two Committees on Cities Bring
Their Lab0rs to q Close.
The Old Arrangement Carried Out
Havemeyer to Appoint and the
Aldermen to Confirm
CHANGES IN the CITY DEPARTMENTS.

CHANGES IN the CITY DEPARTMENTS
ALBANY, Feb. II, 1873.
The first real hearty debate we have had durin,
the present session took place in the Assembly thi
afternoon over the bill in relation to
wRiTS OF ERROR AND PROCEEDINGS IN CAPITAL
CASES.
The bill is probably OF the most importan
measures yet introduced and very naturally, OF
account OF the peculiar matters it deals with, ha.
already created no small amount of discussion
privately among the members OF both houses. II
provides, in the first place. that whenever any con
wet shall be sentenced to the punishment Of death
the Court or majority OF it-Of whom the
presiding Judge shall always be one-sha sigr
and deliver to the sheriff OF the county O
warrant stating such conviction and sentence and
appointing the day on which such sentence shall
be executed This day shall not be less than
twelve weeks from the time OF the sentence
Writs Of error upon Judgment rendered on any in
dlctment for capital offence shall not issue unless
allowed by one OF the Justices OF the Supreme
Court OF the judicial district in which the convic.
,ton was had. However, it is provided that the
writ can be allowed by one OF
THE JUDGES OF THE COURT OF APPEALS
upon notice to the Attorney General the Dis
trict Attorney or the county where the conviction
shall obtain. The writs thus obtained are made
returnable to the Court OF Appeals, and may be
made so on any day in term. No writ OF error shall
stay or delay, the bill provides, the execution Of
Judgment or sentence unless it is granted by the
Justice OF the Supreme Court Of The Court OF APP
peais who allows the writ; but no stay is to be
allowed or granted by any justice or judge other
than the one who allows the writ, with an express
direction therein" as the bill has it, "that the
same is to
OPERATE AS A STAY OF PROCEEDINGS ON THE JUDO.
MENTu
upon which the writ is brought. III writ OF error
is granted, and this express direction is not men,
toned, any judge OF the Court of Appeals who
shall be OF opinion that a stay OF proceedings is
necessary may grant an order allowing q stay
by the Court or one OF the Judges. In case the
Court OF Appeals afirms this judgment it must
direct the sentence to be pronounced. If the Court
the judgment then 1t 'shaIl either direct
trial or that the defendant be absolutely dis
charged, according to the circumstances OF the
case, OF course the judgment being RENTED to
''the Court below" TO enforce the Judgment, what
ever it may be, according to law. 1t is provided,
further that II at the time of the alrmance OF the
judgment
THE DAY APPOINTED THE EXECUTION OF THE
SENTENCE
shall have passed the Court OF Appeals must find
the day for the execution, "and they shall sign a
warrant to the sheriff Of the proper county com.
manding him to do execution OF such sentence
Whenever there is a conviction of a capital offence
IN any court authorized by law to try indictments
for capital Ofiences, no Judge or court can here.
after certify on bill OF exceptions that there is
probable cause for the same or so much doubt IS
TO render it expcdent to take the Judgment of
the supreme Court therein. Furthermore, the bin
puts an end TO
THE ISSUING or CERT1oIARI, RETURNABLE IN TIL
SUPREME COURT,
10 remove into the Court any Indictment" with
the bill of exceptions and other proceedings
thereon, in any case where there shall have been
convection for capital offence.
Now anybody with half an eye can see that
not be passed upon hastily, and during the debate
that ensued upon its consideration in Committee
OF the Whole to-day 1t was evident that two or
three OF the leading members are determined to
watch 1t closely. Why watch it, you will no doubt
ask in surpriseY Is it not taking it Just as it looks,
an excellent bill, meeting Just what the people are
asking form the matter Of the thorough administra-
ton OF criminal justice, putting an end enectually
70 all the delays we have so long suffered from,
when any criminal who can employ eminent law
yers IL to be dealt witty Certainly, on Its lace, the
bill IS an excellent one, and 1t Will doubtless
pass after getting severely amended But
1T NEEDS TO BE WATCHED.
As the HERALD edltorially remarked to-day, in
speaking OF the urgent necessity Of thorough re-
form IN our criminal code in this State, nearly all
legislation nowadays is Chased upon expediency
Weed, OF Clinton. When speaking from his place
IN the House during the debate on the bill he de-
bill Of character like the under consideration
should pass simply Tor effect, to meet the ext.
genCleS OF the moment, or 10 be thrown out as
sop TO the popular demand for a reform in our
criminal laws Mr. Herring laid all the blame OF
delays in bringing criminals to justice upon the
Supreme Court In whose hands it was he believed,
unsafe, ~ general rule, to leave the
power the bill coniers upon the Court of Appeals
but Mr.. Weed hit the nail squarely on the head
when ne remarked that the fault OF all the delays
in bringing a prisoner convicted OF capital OF.
fence to justice until one, two and three years
spent In dealing with technicaities. lay not
with the Judges but with the Legislature ITSELF
After making the assertion Mr.. Weed went into
detail. He declared that
THE ''TINKERIN0" OF THE LAWS FROM YEAR TO
YEAR
by the Legislature to meet special cases and to
carry out very often the views OF private parties
had done more than anything else TO bring the
name Of Justice in the State of New York into dis
i,epute His experience as a lawyer as well as a
,aw-naker In the past had convinced him that no
oo oouio be obtained by the Legislature every
Sa0 III aWhie working itself into lurore OF sud-
a mat,a aue ana then going 1t blind" IN
thar " sea hke that which the House was
evidently s, mere dealing with. The gentlemen
70 nin with all attention during his remarks: but
is 20 sav W say that not few who were members
that ono ", somewhat startled when ne declared
a' w VI .ne most notorious Criminals of the
oay IN new YORK might IN a few weeEe escane nm
MmPpeu oi justice, Notwithstanding Cart iudre
manSed he sh"nla NUT ad nun az his great crime de-
ply through what he elt, he said very rn c IN
clned TO look upon as ' WHY much ih-
TIE ACTUAL CoNEivANcE or THE LreIs, ATTIRE
''I1nkerlng" bau done the whole worE n,u
was introduced with great hue and crv ~ ~, p,i
form and hurried through, ana yet In nat u ua re-
hiI, now a law, lay at present apparently
alluded to OF reganng his liberty n aad
gong ont into the broad daylight Tree man
though his hands were yet reekIng with the blood
OF hrs victim This you may wen say was a caustic
lecture on law-maknR 10 law makers, ana the Ian.
gnisge Mr. Weed made use OF was by no means tenn
pered with honeyed w0IGs. II ~ needless 10 men