Evening journal., 1894-08-23
CITIES RIGHTS DEFINED
Convention to Mod crate Legis-
lative Interference.
ELECTIONS ALL 10 BE IN THE TALL

Judges Pensions Were Threatened and IT.
naIiy Somewhat curlaiied-The conven-
tion Reyerses Its Vote on a Proposed
Auxiliary Appeals Bench.
ALBANY, Aug. 23.-Tho report Of the
committee on cities, which was presented
this morning, still ndheres to tho proposi-
ton 60 allow the governor TO remove and
reappoint heads Of departments Of police.
The election section is amended so as not
TO provide for appointment Of election
commissioners, but makes election boards
nonpartsan.
hloctions are al TO be hold in the fall.
Cities are classified according to the last
state enumeration-fiirs class oities hag-
ing population Of $50, 900 or upward;
second class, cities having a population Of
50, 900 and less than 250, 00Ui third class,
all othor cities.
The legislature shall not pass any law,
except general city laws, as to any Of the
following subjects in any city. First,
streets and highways, except brid ges or
tunnels across tho Hudson river below
Waterford, or across the East ri yer, or
across waters which form q part Of tho
boundary OF any city ana approa shes TO
any such bridge or tunnel; seconl parks
and public places; third, sewers an water
works; fourth, the character and structure
OF buildings as to safety and seer irity and
city apparatus and force for preventing or
extinguishing fires; fifth, salaries of city
officers and employees; sixth, ward bonn-
uaries, seventh, vacating, reducing or
postponing any tax or assessment;
eighth, membership and constituent
parts Of the common council; ninth,
tho powers and duties of The com
mon council or Of any city tNlico as to
the subjects heretofore enumera ated. The
legislature Is not hereby restrie ted in pass
ing laws affecting the jurisdiction or pow
CT Of any city as to such subjects so far as
it is to be exercised outside Of Tho bounda-
ries Of such city.
Laws other than general city laws re-
lating to any Of the subjects enumerated
or to such matters and other subjects
are special city laws All such laws and
bills shall contain the words Especial
city laws, before the first section.
Life imprisonment Appeals.
Nothing shall limit or affect the power
Of the legislature to annex contiguous
territory Co any city, or to consolidate
contiguous cities, or to make OF provide
for making a charter for any city created
by such consolidation.
Mr. johnson says he does not think
that any legislature will pass a bill
against tho wish Of q city.
Tho Democrats Of l1e committee ara
still opposed to tho bill, especially the pro
vision giving the governor tho power to
appoint the head Of a police department
after removal
lNbrf fl,a afttfnf, tngnfanI Mr.
Grossly ceered an amendment to perfect
his previous ono, including sentences OF
lifo imprisonment from which appeals
shall bo taken on questions Of fact rs well
as law
During the debate Mr. Nicoll offered
resolution asking for reconsideration Of
the vote by which Mr.. Crosby's first
amendment was passed allowing appeals
on question in life imprisonment sections.
Aftor long discussion th motion 20 re-
consider was cnrried-yoa,l ~; nays, 43.
Mr. Crosby, III explaining his vote said
that the great trouble was that the judi
ciary committee thought t3lat their report
was too good and lovely to be amended
Mr. Crosbys motion to insert the woi Is
life imprisonment was lost, thus de-
feating the affirmative vote OF the morn
ing
When the section relating 60 pensions
for judges was reached, Mr Q. b. Nc
Laughlin offered an amendment provid-
ing that all pensions, even existing ones,
be abolished. There was so,me argument
on this, and before it was concluded re-
cess was taken until p. m.
The Matter Of Judges Pensions.
When tho night session opened, Mr..
| Barhitc wanted all judges pensions an
nulled and Mr.. Cady opposed him in a
long and feryent oulogy Of the state ju-
dietary
Mr. Uawley was opposed TO all aboli-
tion, but was FOR prohibiting amy pensions
in the future, as proposed by the commit
tee Tho amendments were defeated, and
with a slight change in phTasoolOgy the
proposition Of the oommitveo to cut of
| pensions after the LIST Of January, 1895,
except for judges now receiving them and
for judges who have already served lC
years and at the ago Of 20 havo 70 retire,
was adopted.
Mr.. H. r. Brown wanted the pensions
cut down to one-half Ho believed that
the convention had power to do this, ant
it would be o benefit to the taxpayer
Mr.. Choate said it was mean and das
tardly matter to cut down tho salaries sim
ply because tho committee had the auto
cratic power to do SO. He believed thai
the committee was right in its premises
and he proposed that the amendmen
should not prevail
He quoted opinions Of the court Of ap
peals ,upholding present pensions and al
legged that it would be q great disgrace t.
the state to cut of from pension such
man as Judge Earle, who has served tn
state for IS years. They proposed to max
this man sue the state for his pension.
The amendment was lost by a larg
negative vote
Mr.. Nodder offered ar amendment pre-
viding for increasing the age limit O
judges from 20 to 70. lie said it woui
solve the question Of pensions
Mr. Nelson Smith took up the time I'm
r til the hour Of adjournment.
\ In Favor OF tho Japanese.