New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-07
TIE NUMBER OF sUPREN
COURT JUsT.CES


TIE NUMBER OF SUPREME
COURT JUsT;CEs.
fyRoMAs1AFF CORRESPONDENT OF THE TRIBUNE 49,,
Albany, Nov. 6.-The voters Of the state on -
dav besides receiving five ballots containing t'c 49,
81 the men nominated for Presidential hieo'o''
tho Republican, Democratic, Prohlbuon' ooc'a"5'
Labor and Peoples parties. respectively VIII %
ballots IN reference TO three proposed Amendments
Tho Cons,itutlon-threc "Forn the proposed ahle"u
ments and three "Aganst.'
What Is the nature OF these constitutional aiie"u
msntsi That is a question which good malS ,.
have already asked In the newspapers OF 'he o ,
and which Will be mentally asked by tens OF 'houu
whom they first encounter the bits OF papers oo"'
,,nInp the amendments In the various polling plc'S
n, the state Unfortunately, owing to the at'en''o,
~ the people having been riveted upon the r'''r
dontoI election little has been said in the newspaper
ohout the amendments, and not word has beeh sui"
about them by any speaker OF the present eaHl'o"
eycept David d. HILL. And Mr. Hill mas ie'ei'.'
to only one Of thom that one. It may be suspectu'
he has spoken about because he thinks ne sees VI
political advantage FOR his party, II IL De auop'''
II is therefore evident that owing to the lack OF any
discussion In reference them In the newspapers Ut
unon political platforms, most OF the voters OF wv
state will cast their votes upon these susgested "
mens without any opinion as to their merits Vi
dement's That certainly Is an unfortunate co"ui'
ton OF mind 10 be In when acting upon ahehli"e"'.
to the Constitution OF grave Importance as Two oi
these amendments are.
one Of the proposed amendments says that inc
election return and qualifications Of any member OF
either house 4 the legislature when disputed or COLI
tested shall be- determined by the courts In sucl m'''
ner as the LEGISLATURE shall prescribe and such &C.
termination when made, shall be conclusive upon 'he
LEGISLATURE" In other words, the Legislature "hch
now Judges Of the qualifications Of It's own members
IDOL he tbo ppopoCp6 H.,
and this power IS transferred to the courts THIS IL
tho amendment which meets with the hearty approval
Of David u. I'M. Mr. lin truly says that rs "oV-
crnOr he recommended that such an amendment shour'
be- made 10 the Constitution. Eut did Mr.. lill MAKE
that suggestion having In mind the fact mt me 'Dfl
OF Appcal,. which will have the final disposition OF
contested legislative election cases has n majority of
Democratic Judges. and Il likely 70 have such ma
ory for years to comet II IS tru" That senator
-axtcn a Republican. following Governor liilPs suS-
rosilon. presented the proposed amendment IN the
legislature but II Is not certain that Mr. ShA'on IN
view OF the recent decision Of the Court OF Appeals
strictly on party Ines when II came to decision
Of tho consttutonaty ot the Legislative AppoTt)n-
ment law has as much faith be once had In the
power OF the courts 20 preserve their usual judicial
temperament VIXEN considering cases having political
bearing.
judge D. Cady ITerrick, Of Albany Democratic
Judge u The Supreme Court. even before the court
Il Appeals rendered i,s opnlon on the legislative ap
cot orment law said: a. look with cls,ru upon the
proposed amendment 10 the Constitution giving tho
state courts the risht 20 say who shall SIT In the
legislature. ANYTHING which might tend 10 excite
he suspicion among tho people thai the courts ~er
swayed by political motives In giving decisions think
honid be s,oldcd By the voters. Most Of the gucs
lions which come before the courts are mere
questions OF Law or fact; they not political qurs
Ions. II docsu', matter to the judges whether the
god In iay ID mOcTufs
~ Republicans. And. consequence Of this lud!ciS
attitude Of the Judges. the people have confidence IN
them and rcspCt their judgments. should TsaFu
u Is a serious misfortune 10 The State to have that
confidence Impaired. That Is my oblcci3n TO the
proposed nmcutmcnt traneferTng from the Leg 'nturc
- the courts the power 10 pa.s upon the qualifications
OF members Of the Legislature. II The amendment
provided for n ,p~cal court s,porate from the udlca
,ystcm of tho ,'a'c and composed Of men In whom
al voters could have confidence. | should think 4
might b. well 10 try The experiment The English
have u scpIraio court TO try their disputed p'F!il
Hcn'ary election cases. md We ought TO hnFe Il
SIMILAR court II We follow their example aud depl'e
the Legislature Of the power TO act upon Tic qu'ih'
cations VI II, own m'mbcTs.'
second proposd amendment to tie Constitution
provides for adding two judges 20 the supreme Court
lu the Ist and Id judicial Dsthcts, and one each III
the remaining sN Districts That makes ten more
Judges OF the supreme Court-a heavy tax LOT the
yn.crs u the safe 10 take upon th'lr Shoulders
ont side Of New York and Brooklyn these additional
Judges are not needed. But what IL worse. II Is pos
slbc 20 to read the proposed amendment as 70 MAKE
II appear that It empowers the Of the LIST and
I'D Judicial District Ia elect supreme Court judges
for the remaining six districts That Is. Il can be 50
read that r authorizes the voters Of New YORK and
Eroohyn 70 eject ok judges. who will act In The Ia
terror OF the Here is the proposed amendment;
Section 20 The Legislature at the nr', session thereof
after the adoption Of t. ancndncnt shnI provide Tor uc
election general election next after the adopt on o'
this amendment rs electors OF the ist and I'D judicial
districts Of not moro justices OF the Supreme
Cour. IN addoa TO tn justices Of that Court now In Office
IN each Il judicial dstric ond one Justice o. SAD
court In addition n the justices OF that court now au
thor rod By DO elected In each Of the following
Judicial districts namely The IIId Ivth. VIII VITA.
With and Win Judicial districts The justices so
elected shall invested with their once on the hst Mon
day Of January a,tor thoir election.
Whereas Tho fopgolng amendment to the Constitution
was agreed majority Of the members elected 10
each OF houses In the year 1880 and was entered In
the Journal with the yoas and taken thereon and re-
terrcd 70 hls Legislature after publication thereof for
three month. previous last general election Of sena
tors,
Resolved az the Assembly ccncur), That the foregoing
amendment be submitted 10 tho people Of tho State OF New
York al tho next general election.
How would III. voters OF Albany. Buffalo and the
rot Of the State enjoy having six judges OF the
Supreme Court elected for them by Tammany Hall
and the Kings County Dem0cracy
The third proposed amendment provides for the
sale OF the states salt springs In Onondsga County.