The evening world., 1894-08-21
SCORED THE CITY COURT.
Mr.. Root Says a Corrupt Legis-
lature Created 1t.
Debate on the Increase OF Number
OF Appeal Court Judges.
Dy Associated Press.)

ALBANY, n. Y. Aug. a.-Several appli-
cations to be excused from attendance
the latter part of the week were made In
the Constitutional Convention this morn
ing after the prayer.
The report of the Committee on Chari-
ties was read. and MIR. l. Sam johnson
arose and said he wished to have 1t I'M
derstood that 1t was not unanimous re-
port. He, for one. and some others. were
opposed to It, because he believed that
the committees proposed amendment
would allow money to be given to secta-
ran schools. He believed 1t was wrong
and should not be accepted.
Mr.. Lauterbach said that the section
alluded to was joint section adopted
by the Committees on Education and
Charities. 1t did not allow schools of
sectarian procliyities to get money, but
simply allowed the State to give money
to such orphan asylums as were under
the charge OF the state Board or Cnari-
ties.
the committees of the Convention were
to have reported finally to-day, and all
but four Of them did so.
The Committee on Judiciary reported
fayorabiy the amendment Of Mr.. l. s.
johnson, incorporating IN the oath OF
office for newly elected officials section
alleging that no influence mas been had
over any primary 1'eieiieu " 6eheio al
The Committee of the Whole took Up
the judiciary article AGAIN, and Mr..
Platzek offered an amendment providing
that the City Court of New York be re-
tanned. He argued that II mad special
duties thar no other court could take up
and do justice to.
MIR. Jesse johnson thought II would
be very unwlSe to retain court that
was under such poor rulings as this
one. Mr. Root explained that the City
Court had been created by a corrupt
Legislature. II not, there would never
have been created such useless branch
of the judiciary. Its work, he affirmed,
could be better and more wisely at
tended TO by the Appellate Division of
the Supreme Court. to be created by
this proposed article.
The proposed amendment of Mr..
Platzek was defeated, he being the only
member making any argument In favor
of it.
Mr.. Woodward offered an amendment
that no justice of court should be al
lowed to try again a case on which he
had originally sat in the trial court.
the amendment was defeated.
An amendment of MIR. Forbes to for
bid any salaries of judges promoted
from abolished courts or taken from
other counties to be increased was de-
feated.
MIR. Forbes then offered another
amendment forbidding the abolition of
TRe al ame END SnF's wa Hs defeated f FA city,
Section of the article caused some
debate, as 1t is the section of the
Court of Appeals that changes the num-
Der of judges from seven to nine.
Mr.. F.. r. Brown offered an amend
ment to leave the number OF judges at
seven.
Mr. Hotchkiss debating IN favor OF
it, said that the beauty of the present
court OF seven judges was that In every
decision of the Court seven judges con-
Cured, and in the hearing of case
every judge was present.
Mr.. Dean was opposed to letting con-
ventions select the judges: BY this
scheme the Democrats could In their
Convention select Isaac II. Maynard,
and he could not be defeated under this
provision.
C. b. Mclaughlin said that 1t was RI
diculous to say that there was no over
burdening OF the Court of Appeals. Only
n few years ago the Governor had to
appoint second division of the court.
The Court of Appeals was 1877 cases be-
hind now and the cases filed now had
to wait for a year and a half. 1t was a
serious question whether the court
should not be increased to fourteen in
stead of only nine.
Mr.. Choate complmented the Commit
tee on It's report, but he did think
that this question was one on which
there might be very great latitude of
opinion. He hoped there would be very
free opposition. He had heard no ar
gumcnts of any weight in favor of the
adoption of nine-judge court.
Without finishing the discussion a re-
cess was taken.