, 1889-07-25
,out a observation-disclosures

tne consVitutlon pIonlpi'eu w. incit
another thought | want to express,
Several delegates here and several gen
| tlemen admitted to the privileges of the,
| floor, have been members of the supreme
court of this territory, and myself
| from my reading and my experience, Il
declare that for ability, integrity and ju-.
dicial learning, IL will compare fnyora-
bly, with any other court in the country.
IL has not done anything IN its career
worthy of serious criticism, There have'
been exciting questions that have ex-
cited
ADVERSE CRITICISM,
but no courtcan escape this. I do not
care to sit silent under these circumstan-
ces and listen to such criticisms upon
that court as have been made to-day.
Mr.. Griffitts claimed the privilegecof
closing tho debate, as the norerof the
amendment.
Mr.. Turner didn't object in this in.
stance, but did not admit'the'pinctplc
advanced.
Mr.. Grifiitts explained that the substi-
tute merely left off the last sentence,
which refcrred,to the legislative power
to increase the number of thc Judges and
changed the number from three to'fve.
His object was to simply get square
| vote on the numhcr,p Of the court. The
matter of giving power to the legislature
could be arranged afterwards Though
] it WIS ptrSplUlly pDposcU W siNiu any
such power, hc refrained from going
over the arguments again. They all re-
| duced themselves to the one OF economy,
and even Mr.. Turner had ad mitted that
he did not personally care for the num-
ber and only hoped to get OF chcaply.
There will bc plenty Of business for five
| judges, and five can do more than three
| by dividing up the work out of court of
searching authorities, preparing opin-
ions, etc. No great commercial state re-
tains the three judge system, and we
ought to profit by thecxperience of those
who have gone before us:
Mr.. Turner reiterated his denial of the
| right to close claimed by Mr. Griihtts
| and insisted OH his own right to close
the debates hereafter.
Mr.. Grilfiitts substitute was adopted
by ayes Al, noes not counted.
Mr.. Buchanan asked if they could not
have the ayes and noes recorded, and
was told by the chair that that course
was impossible in committee of the
whole.
on motion of Mr.. Sullivan of Whit.
man the committee rose to report pro-
gress and the president resumed the
chair
Mr.. Cosgrovc reported that the COM
mittee of the whole had passed upon the
article referred TO, had come to no con-
clusion and asked leave to sit again.
I Granted.
Mr.. Dunbar moved to adiourn,to, 2
| % clock, and accepted an amendment by
! Sullivan of Whitman To 2:30-
| The president asked leave to call Mr..
| Eldredge to the chair for theaiternoon
session and did so. Adjourned to 2;30
=. NJ.
AFTERNOON SESSION.
The convention met at 2i3o, Mr. Ed
redgc in the chair. Roll call, all present
save those excused.
On motion of j. u. Moore the couvcn-
tion went into committee of the whole
on the article OH judicial department,
| Mr.. Cosgrove In the chair The chair
stated that hereafter he should recognize
! the chairman of the committee on Judi
cial department to close the debate un-
less the committee otherwise directed.
/ ANY other course would allow the
mover of any other amendment to cut
out the chairman of the committee from
his right.
Mr.. Grifiitts-I give notice that | shall
appeal from that decision Ii necessary
! hereafter.
The Chair-The gentleman has his
remedy by appeal to the committee.
Section 3 was taken mp and read.
| Mr.. Turner asked ii Mr.. Griffitts sub
stitite was not still open TO amend.
ment.
/ The Chair-I think so.
| MT. 1uTlltT - lien We nave NOT
adopted section 2
The Chair-That is right; the substi-
tute for section Is still before the COM
mittee.
| Mr.. Browne said Mr.. Grifiits' substi-
| tute had only been substituted for Sec
I tion ., but that section 2 as thus
amended had not been adopted. He
therefore moved the following amend
ment; THE legislature may increase
the number Of judges of the supreme
court from time TO time"
Mr.. Reed moved u further amendment
by adding :" or diminish (Cries of
no, no.'D
Not seconded.
Mr.. buchanan offered his substitute
for sections . and 3, but was ruled out of
order after II was read on the raising of
point of order by Mr.. Goldman that
section 3 was not under consideration.
Mr.. Turner proposed an amendment to
Mr.. Brownies amendment. and while he
was writing it ont Mr.. Browne argued
briefly in favor of leaving this power to
| the Legislature.
Mr.. Turner's amendment was then Of
fered, that the legislature may also pro-
! vide for dividing the court into depart
ments. He claimed it would do no good
to increase the number unless power was
also given TO increase the working power
of the court, which could only be done
ny ulioNlHB IL W sit III s'P"ia'V "ePait-
! mcnts.
| Mr.. Griffitts was not opposed to the
object sought by the last amendment
but believed that
| NOTHING HAD BEEN SAID
| to prevent the legislature from doing it.
He was willing to have the court cit IN
separate departments, but entirely un-
willing TO have IL render decisions In
| several departments.
Mr.. Turner's amendment prevailed by
ayes 40 noes not taken.
Mr.. Brownies amendment prevailed
and then section 2, as thus yariously
amended, was adopted.
Mr.. Dunbar said he was out of order,
but hoped lac would be tolerated for a
moment while he claimed that the com
4 mittee was not proceeding Alright. lie
claimed that by adopting the substitute
the committee had adopted tho section
for which II was substituted, and conse-
quently these last votes were out OF
order.
The chair ruled that adopting sec
ton did not put IL beyond amendment.
That even If the whole article had been
adopted IL was yet in the power of the
committee to substitute another entire
article and report in favor of thatto the
fconvention.
Section was then taken UP as fol.
lows: The judges of Che supreme conrt
shall be elected by the qualified elSytors
of the state at large at "A general State
election at the times and piacesat which
state officers are elected. The judges
elected at the first election under this
constitution shall be classified by lot, SO
rthat one shnil hold his office for the
term Of three years, ore for the term OF
five years and one for the term of seven