New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-23

material within tribunal for the trial ana
removal Of these public officers. However 1t was use
css to argue against adverse report Of tho COMMITTEE
and he would withdraw the substitute
Mr. Robertson said that very recently Judge Grover OF
the Court of Appeals had refused 70 serve on coinE
sion for the relics Of Washington on the
! plea that lie could not oonsttutonalty do So
The question then REQUIRED the report OF the Com
| mittcc, and II was agreed To.
When the hour of IL had arrived the special order itself
came up the question recurring on the adoption OF inc
bill No. 2I1 proposed by the Judiciary Committee rs
substitute for the original Absolute Removal BILL IL VIII
be remembered this bill provides substantially that the
Governor may suspend officer against whom charges
| are preferred, and the Senate shah try him.
Mr.. Lanng suggested Ddmept that the Attorney
General be authorized charge Of the prosecution
Of such officers that the Governor bc authorized w
appoint suitable person 20 conduct the trial Tor INC
State his noton the following was inserted a.
sixth section:
sppnt any suitable person 10 conduct the trial before
the said court of the charges made
On motion of Mr. woodn the following Wa also added
q seventh section:
The Senate shall have power to make such rules as IL
may see it, for the practice before st. 1t shall proceed 10
hear and try the said charges upon the appearance anu
Of the said officer his neglect to appear or
TO answer after tho personal service in either manner
named In the foregoing sections hereof IL sha have
power 10 issue process TO compel the attendance OF VIII
nesses before It, and oil the power witnesses AMI
persons attendance upon possessed by any judicial
tribunal.
Mr. woodin said that the bin, 1t well known was
suitable to him, but Il seemed they should have
this and no other desired to make II good rs pos
hJle. appears that vote Of twothrds Of the mein-
bcrs OF the necessary convict bat he thought
IL would tend the escape OF accused persons
plainly guilty. He moved TO require majority vote liz
stead Of twOthirds.
Mr. LAning opposed the notion and said the inspira-
bo Araa from he
ton not from public clarnor or the cry OF emergency
The provisions the Constitution declare with reference
of Impeachment that person shall he con-
vcted except by the votes OF wothirds OF the members
elected The Judges Of the Supreme Court and OF the
Court Of Appeals may be convicted by vote OF boh
Houses twOthirds Of the members present. In both
Houses currng and there similar provisions rela
tive to judicial officers trial by the Senate 1t - the
came throughout the Consultation.
Mr. Woodin withdrew his amendment aud Mr. Jacobs
renewed 1t.
Mr. Jacobs said that 90 votes Of the Senate would he
aured to convict by the wothirds rule, and Senators
know hard II is TO get that number to act ON any
1t equivalent to saying that there shall De no
conviction Ten may stay away or II their presence
is compelled they cannot lie made to vote The intention
10 to make Of the law 10 reduce the process
of trial farce. In the Dorm impeachment IL
was often difficult even 10 obtain quorum.
Tho vote then on Mr.. Jaeoos's motion
to make a majority OF the Senate snhcieht
to convict, aud thirteen Senators had risen In
the affirmative when Mr.. Lord Interrupted the voting To
say that he just been informed OF the question ard
desired to say he could with the Senators WHO
were disposed compel vote Of twothlrds on cohNc
ton The original BILL he said giving the Governor ap
solue power of State officers was the most In
famous measure had been introduced but the
Senator Of the had made 1t wOrse He had picked
opt four men To be removed members Of the Canal
Board and had said 10 them, You are guilty. In
order 10 good champion OF reform as the Senator
fron the Id he would TO amend to make the vote
OF one third sufficient convict He Thought If any man
charged with crime could not find % members favorable
to his aeQuital lie ought 10 be convicted.
Mr. Jacobs said the proposition Of the Senator was not
earnest and required no serious consideration But
he war convinced that there protection Tor the
people Of the State II conviction depends upon larger
vote than majority Of the Senate IL seemed to him
there intense anxiety exhibited here for fear STATE
officer should be removed, and there was great amount
Of trembling lest somebody should be detected.
Mr. Ianipg said guilt not determined by presump
ton the theory OF our institutions that every
man IS innocent until proven guilty. IL besidcs tie
other arguments aiduced here very important that iie
character the Senate tribunal for the trial OF these
officials should be protected. In exciting political times
political majority in the body may be Influenced by the
public outery which would have weight where two
thirds vote was required.
MI Jacobs's motion then carried by vote OF l3
TO 10.
The Committee then rose and recommended the pass
axe OF the bin In Senate the report agreed to-
and Mr. woodn moved it now have its third reading
Mr. Jacobs objected, as he wished to have further
chance TO consider IT,
The third reading consequently postponed, and
will come up in regular cOurse tomorrow.
The following IL the bill as amended:
AN carry effect the command Of Section Of Article
tain therein named and for Milling the vacancies
7sr c" Ts e stae ." He York represented in Senate AMI
ss",Sos Any STATE Engineer Surveyor
mag Of fS s Governor for Spa%@t "F
% %smss elected % the senate onry ,Geren But
thereof entered Oh the jou,I nor unless the parry
cSaecs against him and shall opportunity Of beng
heard ON the Question OF removal inc yeae aud nays s DC
Inc suspend any Of The Officers n@Tsd
IN s ara d ocf ard may spaont suitable person
perform duties OF the suspended officer daring such sns
sT s. the tune Of The saspennon Of snch officer cory 81
the charges against hin rns Ss e,o p sn r
SIC l. IL in session at the time OF such
pension rbal send said charges iDneary W
The senate and If tue senate be not N session ne snail nv me
purpose Of proceeding with the OF such charges
may appoint suitable person 10 conduct the a before tho
sid ooari Of the charges male , -, m, INTEL, a., .,,..
suitable Ierscn to nl the vacancy
person appointed I'LL such shall hold his oice by
virtue Of such until IN, % 81 c Ro
happening o, such vacancy.
may the practice before 1t shall proce " hear
and the sd charges The appearance and answer OF
personal Ia either named in the foregoing
Ss of w insi al S prove 20 H
and in attendance upon IT, Possessed By any
sEc g. This shall take cnec, immediately.
THE ABSOLUTE REMOVAL IN THE ASSEMBLY.