The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-03-06
A MARINE C0URTVACANCY.
THE SENITE AND THE GOTERNOR
IT LOGCERHEIDS IG.iIN.
Anti-Tammnny's Grievances il the Case-Mp.
Fish, MRvor W.ckhnm. md tho Working.
men-DrookITn's Charter W. $4,000.

lish, NIHNOr Msckhnm, ana tho W MOrhtn6s
men-DrookIyn's Quarter W. $4,000.
ALBANY, March 5.-The announcement
that Gov. Tildcn insists that hc has power to nll
vacancies In the Marine Court Judgeships with
out the confirmation Of the Senate, aud that be
will appoint Mr.. Sinnott Temmany's defeated
candidate of last fall, to the vacancy caused by
the death Of Judge spauldne is received with
bad grace by the Republican Senators and the
Anu-1 amfnany men In the legislature. The
grounds upon which II Is claimed that the ap-
polntment must be confirmed by the Senate are
that the statute regulating the filling Of
vacancies In the Marine Court, passed In 1852
provides that they al al be filed IN the same
manner as vacancies in the Superior Court and
the Constitution. In article six, provides that
vacancies in tho latter court shall he filled Ia the
same manner ns vacancies in the Supreme Couft
and the same article declares that vacancies
in the Supreme Court shall be filled By
the Governor 10y md with the advice
and consent OF the Senate. This they
urge Is 40 plain that n the Governor does not
comply with 1t he Will be guilty Of ignoring and
insulting tho Senate, ana that the dignity Of the
Republican senators will not permit them 20
submit TO. But according to tho Views Of
gentleman who enjoys the Governors conf
ucnce. tho persons who have taken this ground
have not studied the subject, and viii he forced
to give way. Charles O'Conor is understood TO
and agrees With Gov. 'iilden as do several other
eminent LAWYERS. that the sole power to I'll
vacancies ia the Marine Court Is vested In the
Governor
THE LAW FROM THE GOVERNORS STANDPOINT.
ltis asscr ed that the amendment to the Con-
siitution requiring vacancies In tho Su-
same same manner a. vacancies Ia i,' the supreme
Court. was not passed until some seventeen
years after the passage of the act regulating the
hlling 81 vacancies in the Marine Court, ana that
a. there was no retroactive clause making II ap-
| ply to the latter court, OF cOufse the Governor
has the power to MI vacancies occurring therein.
the same as he had when the statute Of 1852 was
passed Several good lawyers with whom have
| converscd confess that II the explanation, as
| given above, 1. correct. the Governor has tde
best Of the argument, as " Is q we-scttlcd prin-
ciple Of law that no statute can be retroactive
unless IL contains special clause to that effect.
But the grievances Of the anti-rammany men
are not 50 much Ut the slight or insult to the Ser
place belongs TO thon, for the reason that Judge
Spauldlna was elected in opposition TO the
| wishes Of Tammnny Hail. and that the people
| Of the city OF New York. when they defeated
NJ Sinnott last fall 10y majority OF over 2lO00,
distinctly declared their opposition hot only 10
say that by his appointment Gov. Tilden will
| ignore the wishes of the people of the city and
| insult them and tho ant-rammany organizs-
| ton. When tho domination IL sem In, as II
probably will be this week. Senator Bixby will
| offer resolution setting forth all that is urged
| by those who diner With the Governor, aud call
| Ing upon him for Information as to the ground
| upon which he appoints Mr. Snnott.
NEWS ToR THE woRKINGMEN.
| Early In the session a bill was introduced in
| the Senate by senator Morrissey, giving the
| Common Council the right TO fix the rate OF
wages of the city lnhurers. similar bill was
| also introduced in the Assembly by Mr.. Muller.
| These bills were referred TO the Committee on
| Cities OF the respective Houses; The Senate
| committee promptly considered the bill re-
ported It favorably, end It passed that body by
| unanimous vote. The Assembly committee
have thus FAR refused to take any actio On upor
| Muller's bill. ana have also been sitting upon
Morrissey's bill Tor several weeks. As soon ~
| Mullers bill was introduced, Hamilton Fish,
Jr., the Chairman OF the Committee on Cities,
wrote letter 10 Mayor wickham asking ~.
opinion OF the bill. and received long letter Ia
reply opposing tho passage Of the bill since
| then, notwithstanding the repeated applicltiors
OF Mr.. Muller. Chairman Fish has refused to cali
the hi M for action In his committee. and * is
| understood that he has promised Mayor Wick
ham that II the till Is reported ~ all it shall be
adversely, but the desire Of the Mayor j. to have
| It smothered In the committee. Learning Of
this. Mt. Muller has prepared a resolution
! 20 take the hi from the committee and bring i
| INTO the House iot consideration, ana VIII
probably offer It this week. The vote on this
| resolution will show how many Republicans
| and how many democrats In the Assembly are
| r0ady 10 carry out the bargain between Mayor
| Wickham and the Custom House.
| The bill giving the Commissioners Of Chari-
| ties aud Correction the power to contract the
| labor Of the conVlcts on I}iackwells Island. hat
| passed both houses OF the Legislature. and 10
| now before the Governor. RtllNsentatiNes OF
| tae different trades societies in New York city
| have requested the Governor to give them E
hearing before signing the hill, and it l. proha-
| ble that he VIII hear them some day this week.
Nh Daniel Bradley of BROOKLYN IS very much
| exercised over the rumor that Sl5,OD0 has been
| raised t. defeat the proposed charter amend
| ments for that city. and wants to oner resolu-
| tiun 81 inquiry upon the subject. OF course he
| Il not Influenced 10y the fact that. II any such
| sum has been raised to influence legislation, It
| will 20 into the pockets Of tho gentlemen from
the rural districts. as party pressure and lOca
| influences viii be sufficient 10 control the votes
| of the Kings county delegation Democratic IS