New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-13
At WORK on THE CONSTITUTION
ACTION OF THE COMMISSION AT ALBANY.
DUTIES OF COUNTY JUDGES AND sCRROGATES
THE PENSIONS OF RETIRED JUSTICES
UNUIE IUN NIUFIINT IUN'
fry TELEGRAPH TO TIL TRIBUNE.

to-day it is apparent that the Judiciary Constitutional
Commission j, IN sympathy with the plan 20 abolish
the superior Court of NcwNort Just before adjourn
mcni this afternoon Nh Ch0atc moved that the sub
ject If the superior Court Of the City of Ncw-lork
be referred back 10 the committee with the ns.rucion
TO report a scheme for doing away with that court in
a manner a. nearly a, may be similar 10 that already
pursued in relation - the superior Court OF rhalo
Mr. IlOrnbOwer eIdelv0rcd 10 amend the resolution
by striking ont all reference 70 Buffalo The report on
that court egslatcd Of the judges ont of Once
In the case Of New Yor,s court twelve judges were 10
be provided for. Mr. Bartlett opposed t. the whoc
scheme. Mr. Hornb!owcr's motion was lost by a vote
Of "a navs and ycas-NcSsrs. Bartlett Bush, Board
man. nornblowcr. C. L. smith, j. c. smith. Ward ana
Chairman Danforth At th, point a recess was ai'"h'
At the opening of the day, session the unfinished
consideration the report on county corri> ana sur
roce's court taken up. Mr. Bush moved 70 strike
ont the words, nor shall any County Judge
or Surrogate in any county The pol nlaton oi "h'h
exceeds 100000 practise attorney or co1n-ci
or I'm any court of record in tbs state" This brought
out a discussion which tended 10 show that the s'!"
ries Of those officers were inadequate in many oi inc
counties Mr. Carter said IL waS impossible 10 lhiu~c
into the county conrts any more usefulness than th''
now possess the scope Of the supreme Court HAD been
80 greatly widcncd Mr. Bartlett opposed the amend
mcnt Then Mr.. Raincs moved TO make the limit
10000 II would add eight or nine counties. Nr.
Nelson thought the principle all right; nobody had
asked for this provision and down I'm DutcheSs Comfy
IL would get vot"-.
Mr.. UornbIowcr thought In many counties one man
could discharge the dutc~ of both Comfy Judge ana
surrogate In Ncw-Nork the man who had been nv
District Attorney aftcrwa:d made excellent snrro
cato although the two Offices might be- thought 10 be
incornptbIe II was better pay an adequate salary
10 one man than ptul salaries I" two
MIR Townsend said there seemed to be disposition
to do a work of charity. The men in the largo
counties were 50 willing TO DO favor to the Nht'
counties, whose rcplc. "';atves do not ask Tor ID.
,fc. which are not asked for sometimes have = BAD
odor He thought IT singular occupation 10 le on
ssg.d In 10 III here compelling The small connii", q"
take what they do not ard have not asked for.
New York. kim, AID Eric had got what 'l't
wanted they we've now tcliln- the little fellows "l"
T. do.
Mr. Esnc-s amendment was lost. as were Mr..
Aueh', and several others that We're 'fc'd.
ON motion OF Mr. Wood, the puyi>on relative I"
County Judges ard >Urios1t"- not practising 10" wa
made 10 apply Only 10 those elected after ID" ad"P
tion Of these amendments. The rport on section -
tlyfi adopted.
Mr Griffin attempted 70 amend section !" by pro
vldng that tn, Legislature establish no Other oourt
This did not suit Mr.. BARTLETT. who offered az AN amod
meut that inferior al civil and criminal lui d
ton 10 established by the Legislature, but without ap
pcete jurisdiction. This caused Nr. Cochran - -''
that civilized society could NOT lc maintained ,a'
LEGISLATURE W. stripped # power to GREAT" I"'I
tr. u.als Til, ulI VIuI.r the frgu n 'A' 'n5
together Of such commission a, This to change the
Constitution.
Mr. Choac said th,t the r~trctions imposed hy
section 10 IL stand, sufficient.
Mr. Bartlrtt's resolution went doNu uy vote 81
10 a6. and Mr. Grinu'- was swallowed IN one hy
MIR Cochran To- adopt section - 1t va, reported.
which VS., carried.
When the tenure Of ofdcc- II tine Judce, q the
supreme Court was taken mp ;h'r' VA propp,i ~
made by Nr. F,Fp that TIC t".m~ -hoHd h" "l'ht
ycars. During the argument which followed
ihc desire of certain &. mm'-,oncrs WHO want
- be Judge, ard didn't want 10 wait mr
tho long term 70 cAplr, cropped out here and th'r'
Nr. H0uLloVcr'- tmcnlmouf winch rIafo thc term
of Office fourteen years Instead of c.rht, carried
- to 10. as follow:
Yeas-Mc,--.. Bartlett. Ioardmau, Iaihcr BIe-"r.
Cho4te Garter carr. rrGi Griffin. Grs.uc. Horn
blower kellogg Mar hall. rcar~ll He,nold-, Kaiue-
shepard. g. L. smith, jams &. >utl. Iovnsocd.
Waldo Wright and The chdrn1n-@3.
Nays-N Nc-~r- Adam. Cochran. ClC.c. Fi"rD. on.
bcrr Lcary. Nelson. Tenant Woods. WArd-io
Mr shepard offered N.oln,Ion that a ruprmc
Court Judge b. inchdh" for -'"ond term II had "ny
Mc,,r,. Cochran. shepard. W~,, Waiisc and Dan
forth supporters.
Mr. Fcro moved TIE adoption of that pni+ N tho
committee, rrpDrt which provided that person shall
hold the Onlcc Of ludr" 81 any cJurt longer than
December - neat after reaching IA" age of evenly.
Til, cut 81 the pension and prcclpiti;cd a warm DE-
bate Mr. COl-iu Offered resolution 10 Nc,tahli-h
pension- o judgr- retired because Of acc. ard Mr.
Lcary offered ~" following substitute:
Resolved That D., tho " tnis Comu--ion that
no pension shall allowed 10 judge o. The Court Of
APPEAL. OF justice Of thc supreme Court 10 be d'ctd
after November !, 1-3J.
Mr. Cochran offered the following as a substitute: ::
Received That from aud after u.r aIoprou OF Goa.
All it Ia. ~
Justice II t- Count ApDcl- Of :hc SgpIIu" Court
hereafter elected an"r he shah have ceased to at such
Justice.
The chair pu the question upon Mr. Choatc', motion
ruling t'at the substitute va, not then iu oNlcr The
Scs,e N,-,i, Iarrlett Ioardman rarlcr, Hi-s,n
Cho"t". Carr, Frost "nhIh ilonbo"cr Ralnc-.
Nay Mc,,r,. Adams. Cum, Carter, Cochran. CLOSE
f59'o faS ,r. 9 is Rryn6l T. f. }i S@i Ma' a. O. tmH
To%nscnd. Tcq7aat: Voc, Tllent. wari =. .o
nals Il: ). G. smith voting in tl" negative with the
pcg..lon men. ..., ...,...... .,... ,...
person hall hold the orlcc of justice or lude. ol
any court longer than until and including the last
day Of Dcrcmhcr next after be- shall be seventy years
jane, G. smith offered this ,,, a sube;itut.:
When any Judge OF ue Court Of Appeal, Justice
o supreme Cour iegns after having ,cr,,d
least fifteen ;cnr.. and having attained age
of seventy i've years, he shall dung Tho residue Of his
natural Inc receive the same salary which by iiw
payable a time Of hi resignation.
Td, declared lost. MI ficro's resolution
adopted.
<, The evening session Mr. Gilbert offered r. olu-
ton that The superior Court OF NcW-Nork CIV bc
abolished. This took preference over Mr. CdDat'~
motion and prevailed by VO" Of twenty four Ia
-iX nays-Mcs-r.. Adams, Bartlett, IlognbloWcr.
Pcarsall, RcynOld and Tenant.
Sir Choae moved that the question just decided
lc sent 20 the Committee superior Court 10 formu
late plan 70 dispose OF the business and Justices.
Mr.. lmsh amended by adding and that such
mttcc further report The number Of additional 'u-
prcmc Court Judge necessary 10 M the place, n
the ist District Mr.. ChO1tc accepted the amend
mcnt and The motion adopted. The report
made special order for tomorrow morning
\ long debate on changing IN" nam Oi the Board
Of Claims to Court OF Claims resulted In the name
remaining as II now j..
CLOSING ORIGINAL PACKAGE7 SALOOHS