The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-08-22
AMENDMENT VOTING.
Attornsy-Genelal saysi it May Not
Take Place Until 1895.
Conflicting Sections Which Leave the
Matter Open TO Doubt
Seven Judges and No Division IN the
Court OF APPEALS.
(Dy Associated Prsss.)

ALBANY. N. T., Aug. 22.-1here ID
every prospect that the amendments to
the Constitution may not be voted upon
by the people until 1886. Attorney-Gen-
eral Hancock, who has been considering
the matter for some time. said to-day:
1.-The question OF date of submission
to the people arises by conflict OF two
sections.
"One section says that the amend
ments are to he printed tor ninety days
before SUBMISSION Inc other says they
snail be submitted in November, 1894.
The question is wnetner tne nrsl does
not aDrosdte the second. as the Con-
vention VIII not get tnrougn in less than
forty days before election.
II have sent for MIR. Cnoate to make
OF the Juulciary Committee be called to
1t, and that they let me know what
their opinion OF the matter ~. Then i
can give my hnal decision In the mat
ter"
In the Constitutional Convention this
morning the Committee on Industry pre-
sented proposed amendment to pre-
vent conspiracy against labor and al
lowink labor to band together for pro-
lection.
rne Railroad Committee reported fav-
oraDiy the measure OF MIR. Cornwell to
prevent discrimination in freight rates,
amended So as to include railroads, tele-
graph, express, telephone companies, or
any common carrier doing business in
the STATE.
The Convention decided to reverse the
vote By which the extra division Of the
Court Of Appeals was decided upon;
The vote to reconsider was adopted
Dick psfey eF snd Ffar + assis chSats
vote Of SO to 50. The amendment allow
ing the appointment by the Governor
OF second division. was defeated by
Then MIR. Mclaughlin offered mo-
ton TO reconsider the vote by which
the amendment was ADOPTED, making
the Court of Appeals seven instead OF
nine judges, as recommended by the
Committee.
MIR. Brown, whose amendment max
ing 1t seven judges had been carried.
consideration. He said 1t was a perni-
| cious practice to try on one day to over
turn the work carried by a large ma
jority the previous day.
raised his voice in support Of Mr..
Browns views. saying a vote Of 81 to
"a had no right to be reversed by the
Convention. taking its time and Great
EWhat has been going on over night, "
he said dramatically; that's what I'd
MIR. McCIure-wen, what has been
going on over night to make a change
of opinion ON the second division mat
ter? .,
Mr.. Choate-I believe that this is a
vision was not talked over or consid-
cred at length, but simply voted upon.
1t Is useless to contend that to amend
Judges of the court toseven will afreet
any other part of the article, while to
create a second division would cast
discredit upon the work Of the Judi
DE I.ancey Nicoil thought the Conven.
! ton should reconsider It's work rather
! than to adopt amendments biindly tina,
Committee On Judiciary and allow the
| people to say hat nothing had been done
by the Convention.
Mr.; Haw:ey was IN favor Of only sever
| judges because he was positive that sever
could do the work a. vel. as nine.
| Mr.. Griswold wanted nine Judges, be
cause seven Judges or a quorum of nv
Should Should, rot be % allowed to override tn.
lower court. Mr.. Cochran said that h,
believed that the only question wa
whether the Court Of Appeals was get
ting. any relief from work or the It'll
giant any. expedition: He did not be
lieve that the addition of two Judge
would aid In the matter.
Mr.. Bush said that the matter wa
getting to be a debate on the who'll
question OF judiciary and not simpl.
seven or nine judges. He was oppose'
to nine judges.
Committee expected that their articl
| should be adopted as a whole. 1t wa
perfectly proper to have a reconsidera
ton of the vote on this question. becaus
the motion. and that was but just II
was still OF the opinion that there was al
absolute need for nine judges.
| On the vote to reconsider, the motor
was lost by vote Of 81 TO So, and tn
judgment of the body is that there shal
be but seven Judges of the Court o
Appeals. and no second division pro
Mr.. Crosby Offered an amendment pro
vidinE that person convicted of muir
der and sentenced for life be allowed tn
sas s 10 pPsl review Hs ef t fs% ae;
by the Court of Appeals. Adopted.
MIR. O'Brten moved to strike out tn
clause which PROPOSED to remove tn
Involving more than 5000. He sal,
that while he believed that everybod
had IA right to appeal, no matter hoy
he considered II wiser to have appeal
in causes involving less that 5000 set
tied in the lower courts.
Mr. Choate, on the other hand: co
incided with the Committee and in
dorsed its removal Of all limitations 0
appeal. He said that inasmuch as fact
were the only ground for appealing
there rev Was no necessity to have an a sd
amount Of money involved.
Mr.. O'Hrten's motion was defeate
and the limitation Of the present. con
Sttutou Is, consequently, remover.
The Committee on Cities fnall
adopted its report this afternoon on til
. cities section sent back to them 10
amendment. the plan still provides fo
, removal of boards OF police on tn
, Mayor prefcrring charges against then
, and to appoint their successors.
President Choste's amendment, provic
ing that a threc-fifths vote OF bot
I Houses of the Legislature may amen
a City'S charter against tGe veto of Il
mayor, Is Incorporated.
The division Of cities into thre
classes still stands; but the State Boar
of Elections has been stricken from tn
amendment, and each city In the Stat
: shall have non-partisan board OF elet
ton inspectors.