The New York herald., 1876-03-10


that Is the rule there no doubt OF the duty OF the
Governor 10 send the nomination TO the Senate and no
appointment can be valid without the consent OF that
body
The sixth article OF the constitution provides that
when vacancy shall in the onice OF Justice OF
the Superior Court, otherwise than by expiration Of
term the same shall be filled for full term at the
next general election happening not less than three
months after such vacancy occurs, ana
until any such vacancy shall be so
filled the Governor, by and with the advice
and Of the Senate II the Senate shall be
session. n not In session the Governor may appoint
TO m such vacancy, any such appointment to- until and
including the last day OF December next after the cleo
tion which the vacancy shall be ned The Legisla
ture after the adoption OF the amended Judiciary article
of the constitution provided by law laws OF 1870 chap
ter So section o. that vacancies occurring in said
Offices Including Justices OF Supreme Court shall be
filled in the prescribed in the ninth section Of
tho sixth article OF the constitution here cited
II is clear from the above citations that n the law
spectng the Marine Court follow that relating 10
the Superior Court the consent Senate requ site
But on the other hand the law OF 1852 Is TO be con-
strued tho same as II the word ''now" were inserted
before the words prescribed by law" the result will
s be the same and the consent OF the senate neces-
sary The superior Court established in l62S. The
law OF 1873, chapter 1877, section reads follows
The said Chief Justice and the two associate justices
shai De nominated and appointed bv the Governor With
the consent OF the Senate and all In said
ofces shall be supplied in like manner" So they stood
IN 1876, when the new constitution adopted, pro-
vidng for an elective judiciary. At the OF 1s47
at which the Legislature framed the laws which had
been made necessary by the innovations intro
duced by the new constitution, an act
passed providing for the election OF justices ''o
the Superior Court at the general elections and that
in of vacancy the shall be filed for the uu
expired term at the next general election alter such va
cancy shall occur
No provision however was made for nlng the va.
cancy Tor tho intervening period to the gen
eraI election, leaving the appointing power
der the law of 1928, with the Governor and senate
The Laws OF 1s49. by which the number OF Justices
the supreme Court was increased from three 10 six
provided that 'any vacancies occurring IN the Offices
thus created shall be filled In the manner prescribed
for filling vacancies In tho Offices OF the present JUS.
tices" II thus that In 1852 the law applicable
10 the Superior Court provided that vacancies shall be
filled by the Governor, with tho consent Of the Senate
until the next general election, and that at such eec-
tion the shall be hled for the unexpired term
The general act Of 1S49 chapter 2S providing for an
appointment by the Governor, without the consent
OF the Senate, has application in the present case,
for the that IL only provides for filling vacancies
in offices "where no provision is now made by law for
filling the same" As may be seen, provision had then
been made by law for llng vacancies In the Superior
Court, by the laws OF ISIS and ls47, which still
remained in force, and provided for an appointment
by the Governor, with the consent OF the Senate. II
follows from this statement OF the laws applicable in
this matter that whatever construction is gwen to the
law OF 1852 the Governor has no power to oil the va
cancy without the consent OF the Senate. This view
was adopted by Governor Dix at the time OF Judge
Tracy's death
There again for the third time very live
ly fight to-day in Committee or the Whole OF
poses to amend the Pretty Waiter Girl act OF
1862 The friends OF the bins strongest argument 10
that the law of 1862 is practically dead letter, al
though they confess the police in New York OF late
have been making quite n lively corpse OF 1t. The
section OF the law which the bill proposes to amend
absolute prohibition against the sale dsposng
spirItuous liquors, beer or wine in the auditorium oi
lobbes OF any place OF amusement The bill, while
making II unlawful for any female to furnish supply
liquors in places Of amusement, drops that portion OF
the section which reads, 1t shall not be law
strong u or S' spruous urn auors % any person III
the auditorium lobbies OF places where theatrical
exhibitions, concerts &c, are gwen or course there
are many places In New York where exhibitions some
what theatrical in their character and where concerts
given, such the summer concerts at Gilmore'i
Garden, which the police shut up under this law
strictly enforced 1t is, doubt, the knowl.
edge oi this fact which has given the bill
now under consideration such n strong backing
Still though strongly advocated by some OF the men,
bers particularly by those from New York, II does not
10 meet with much favor with many OF the coun.
try members. During the debate to-day Mr. Gilbert
OF Franklin, mado terrific onslaught upon II, and do
clared II to be nothing more or less thar
nn srso Srnlp'nr open was he elamed repes
of the best features OF the law OF 1862 and would give
every owner OF concert saloon or place where any
kind OF amusement Is held perfect freedom 10 sell
liquors. AS an Offset to this attack Mr.. Englehart
and Mr. strahan claimed that the Police Com
mssioncrs in New York were In favor of tue
passage OF the bill and that the law which
II proposed to amend was passed at time
when something bad to be done 10 protect the soldiers
the concert saloons which were Numerous In the
Bowery and other east side streets The iact that tho
bull would make the existence OF concert sa-
looms Of the class then such n disgrace to
the city hereafter impossible as Il was
of females any saloon where any kind OF 'nerude,
tragedy comedy, opera ballet play, iarce, negro min
strelsy any other entertainment OF the STAGE"
ought they thought, commend II to general favor.
II was near the hour OF adjournment when the com.
mittee rose and progressed the BILL asking leave 70 ST.
again. When the chairman OF the committee reported
the action OF the committee to the House,
determined effort was made by tho opponents
of the bill TO drum up enough votes TO refuse permission
again IT, which REFUSAL OF course, would have
killed deader than poor Marley. The riud roce vote
the question close that It very hard TO tell
xhe thar he was q m However.
declared tho report OF the committee carried, and
while several members we're calling for count MT
Forster moved for adjournment, as the hour liked
for II had arrived. The House. under the rules. Of
course had to adjourn and thus the bill was saved
from Imminent danger II believed that II will pass,
however, whom II comes up again. as amen1ments were
offered in the Committee Of the Whole which
places OF amusement One exception TO its general
sweeping provisions against the employment OF fernaef
is that they may be employed as cashiers or attend
ants In cloak rooms Police Commissioner Wheeler
present on the floor Of the House during the de
bate seeming to be highly Interested In what was goin
on He is IN favor OF the bill
REGENTS THE UNIVERSITY.
In accordance with the decision arrived at last night
by the republican caucus;-william Bostw'ck, o.
sion to-day elected Regents Of the Univer
y place Of nOrso wTs0or T5o sDS
formaites observed and the only thing that oc-
Cured that marrcd the dignity OF the occasion was the
ar. oI yex mu,pny o. Ser ~no OF ,Ssr tbo
he had made with a member from Kings county. Fe
llx's little joke. OF course, created good deal o
merriment, and the galleries laughed heartily
n straws show which way the wind blows the vote
OF the democrats indicated pretty clearly that the Gov
ernor has but few friends among the minority as Eras
tus Corning OF Albany, and Daniel Beach, OF watkins
their candidates. strong anti-Tiden men. The
Governor friends say the honor extended 10 the
democratic nominees but an empty ono, II 10
probable the Governor requested the democrats TO vote
they did 1t very like the Governor not to have
candidates OF his own, even for empty honors. Very
THE COURT ADMIRATION ~ NEW YORK.
Another long debate over the question Of restoring
the salary and expenses OF the Judge OF the Court
Arbitration New York city occupied the time OF the
Senate. Senators Woodin and Jacobs were opposite
sides OF the controversy and dealt each other (meta
phorlcallyD several rude back handed saps He (Mr.
Jacobs) said that the Senator from the First (Mr.
Prince and the Senator from the Twenty -hfth lMr.
Woodnl had been well treated by the Chamber OF Com
morcc and II little wonder, since they owed the
Chamber debt OF gratitude that they found hers
favOring the measure.
Mr. woodin said that tho remarks Of the Senator
from the Third (Mr JacObsl were uncalcd for He