New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-22

proposed by this substitute, there viii be NO thought Of
soch considerations he thought the substitute not
entirely perfect There should be 0 paragraph pre-
scroing the Judgment which tho tribunal may render;
naming the number to compose quorum and other mat
ters would suggest themselves for Improvement.
Mr. Grcss here asked If the appointment of the Judges
OF the Court Of Appeals of the Supreme Court would
not be In coptravention Of Section 10 Of Article VI
Constitution, which provides that these officers shall
hold any other Office or public trust
Mr. Woodin said he had considered that objection and
wac satisfied that this not additional Office
trust IL merely added more power and other functions
Mr. Jacobs objected to any vote upon the substitute
until IL should be printed right on the matters
where IL was confessedly lacking.
Mr. woodin said the Senate could fill in the details Of
the bill sfterward
Mr.. Jacobs said that the substitute wanted consdera,
ton and study The constitutional raised by the
Senator from the With Mr Cross would alone warrant
delay There was great danger in the passage Of such
bill IL passed and pronounced UNCONSTITUTIONAL they
would have succeeded in doing than nothing and
would be blamed FOR it, Senators inclined TO accept
any scheme inst now that plausible they may
escape responsibility. They opposed to CIV
ing the power of removal to tho Governor,
where 1t should belong. With its responsibility
But when they refuse il 20 him, they should
not attempt to escape the duty that devolves upon
themselves The Constitution of 1916 gave the power
10 the Senate and the Court Of Appeals TO try State
nothing to DO with it, 1t hard 10 sit judges upon
personal friends the ability do Ia test OF char
acter and patriotism and devotion to duty. Yet the
Senator from the XVIII (r woodin says either
not competent afraid of public duty. His
proposition pats away the Constitution and sbsOlves
from the duty. Ii is plan 10 escape The people Will
regard 1t attempt to the duty, and it does
look The question is not Of $500 day. but OF
duty. BY this proposition we would take
the judges from their courts and make extra
duties for them. They away for months
from regular dnties their departments suffer
The proposition mere apology for legislation 1t
simply opens avenue OF escape and destroys the
powers Of representatives OF the people and breaks
dow guards erected between the people and the
state officials presume from the vote taken yesterday
that argument is useless, but while can stand here
will have this bill forced upon without opporu
nifty consider it, Mr.. Jacobs then moved that the bill he
printed The power and influence Of the Senator
from the XVIII, he ssid too apparent upon the
minds Of Senators. The issue so important that
every senator should clearly understand 1t before voting
upon it, and vote should be forced until II was fairly
considered.
scnator WooAn replied that the Senator from the lid
was very arf:ul IN stating that people might read
He speaks overwored court but these trials would
be in.reGucut. He Off. woOiin) bad talked with SUI
premc Justice who told him hat these trials would
mako difference 10 the transaction OF business The
General Term Judges not OveIworked They would
rather glad 10 haVo the rclef from dry D1cl5 WHICH
these trials would give The Senator Dacobs) also
charges an attempt 10 shirk responsibility, yet
last week he sing give this power solely 10 The
Governor, and thus shirk responsibility himsefi lie
speaks " is being to escape. Does lie mean
TO gay the judges woud shrk their duty does he mean
something worse Senators may guess what he means
But attempt to II some one else il not
given power the Governor win be, and when other plans
fan he will he given my The Legislature dare not
adjourn until the power is established somewhere Tie
Senator lid says under the existing excitement
we are bound TO accept any plausible scheme The
serstes first work il dvest itself Of the existing ex
element leisste calmly, according 10 the dictates
Of their Judgment He did wish 10 force any vote.
Any time would do-tO-morrow or next week. 1t was
principally necessary that the question should DE fuIy
considered.
Mr. Lanlng suggested that there was great force IN
the objection made by the Senator of the
With Gross Section 10 OF Article VI provides that the
ices shall not hold other Offices trusts. The prcv
ous proposition wOuld create commission TO take the
place the court Of impeachment provided by the Con-
stitution-anothor and different tribunal TO try officials
charged with mslversatiOn To compose that tribunal
he would take the Chefustce of the Court OF Appeals
and the four Judges of the Supreme Court This doubt
less confers on members other and different trusts
and Offices than that imposed by the Constitution Now
II Judiciary tribunal preferable it would be best
to confer by the authority upon the Court OF Ap
peas which constitutes by the Constitution constitu-
part OF the court OF mpfacIunebb. III "ouiu NC
subject of grave doubt whether the creation OF new
court and imposing its duties upon these judges is not
IN conflict with the Constitution.
Mr. Gross suggested that the Court OF Appeals under
Mr. Ianng's proposition, would become court OF org
inal Jurisdiction charged with the trial Of crimes
Mr. Laning replied that he was not prepared with
mature opinion had little doubt the Legislature had
power to make such a change and such change II II
could I've made, would he far preferable to the doubtful
surgeston OF the from the XVIII for the Court
of Appeals always in session, always thinking and act
ing toaether and Is free from political influence.
On motion Of Mr. Jacobs progress was then reported
and the Committee The substitute was then or
dered printed referred TO the Judiciary Committee with
instructions 70 report tomorrow morning, and made
special order for IL o'clock.