The evening world., 1894-08-22
AMENDMENT VOTING.
Attornsy-Gene. al Says it May Not
Take Place Until 1896.
Conflicting Sections Which Leave the
Matter Open to boubt.
Seven Judges and No Division In tho
Court OF APPEALS.
IRY Assoclltsd Prahal


ALBANY. N. Y. Aug. 2a.-Thers 10
every prospect that the amendments TO
the Constitution may not be voted upon
by the people until 1896. Attorney-Gen-
eral Hancock, who has been considering
the matter for some time, said to-day:
THE question of date Of submission
to the people arises by conflict Of two
sections.
"One section says that the amend
ments are to be printed for ninety days
before submission. The other says they
shall be submitted In November. 1894.
THE question is whether the first does
not abrogate the second as the Con-
vention will not get through In less than
forty days before election.
II have sent for Mr.. Cnoate to make
a proposition to him that the attention
of the Judiciary Committee be called to
It, and that they let me know what
their opinion of the matter Is. Then /
can give my tnai 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
lowing labor to band together for pro-
lection.
The railroad Committee reported fav-
orably the measure OF Mr.. Cornwen to
prevent discrimination in freight rates,
amended SO as to include railroads, teIe-
graph, express, telephone companies, or
any common carrier dong 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
Dlskey and & i; aeLsssaiin, sy a
vote of 80 to %. The amendment allow
ing the appointment by the Governor
OF a second division, was defeated by
Then Mr.. Mclaughlin offered a mo-
ton to reconsider the vote by which
the Court Of Appeals seven instead OF
nine Judges, as recommended by the
Mr; Brown. whose anerament max
made q strenuous appeal against re-
consideration. He said 1t was pernl-
/ cious practice. to try on one day to over
turn turn, the he. work works., carried by large ma
rresiuent Cnoate got the floor and
raised his voice in support OF Mr..
bSa no rs sa to bs 1e of by
Convention, taking Its time and Great
What has been going on over night,
ne he SAID dramatically; that's what I'd
MIR. Mcciure-well. 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
very different matter. The second d.
vision was not talked oyer or consid-
| 1t is useless to contend that to amend
| the article by reducing the number Of
Judges of the court to seven will affect
create second division Would cast $:
discredit upon the work OF the Judi
ciary Committee.
than to adopt amendments b.indly that
would make nugatory the work of the
| committee on Judiciary and allow the
people TO say hat nothing had been done
by the Convention.
judges because he was positive thst seven
Mr. eG ss a. Ts nns as a na
cause seven judges or a quorum, Of Ave
sscisian not Ss y. allowed to Sysrrde the
whether the Court Of Appeals was get :
ting any relief from work or the lti-
iieve that the addition OF two judges
would aid In the matter.
Mr.. Bush said that the matter was
getting to BE- q debate on the whole
seven or nine judges. He He was opposed opposed
to nine judges.
Mr.. Root denied that the judiciary
Committee expected that their article
should be adopted as whole. 1t was
perfectly proper to have q reconsidera-
ton of the vote on this question, because
other sections being examined had led to
the motion. and that was but just. He
was still of the opinion that there was an
absolute need for nine judges.
On the vote to reconsider. the motion
| was lost by a vote of 81 to IS, and the
judgment OF the body IL that there shall
be but seven Judges of the Court of
Appeals, and no second division pro-
vided for.
Mr.. Crosby offered an amendment pro-
yiding that person convicted of muir
sentenced to death--a review OF the facts
by the Court of Appeals. Adopted.
| Mr.. O'Brien moved to strike out the
| clause which proposed to remove the
present law limiting appeals to causes
| Involving more than 1900. He said
that while he believed that everybody
had q right 10 appeal. no matter how
much or how little money was involved,
he considered II wiser to have appeals
| 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 it's removal OF all limitations OF
appeal. He said that inasmuch as facts
were the only ground for appealing,
| there was no necessity TO have an ad-
ditional limitation regulated by the
amount OF money involved.
Mr.. O'Brien's motion was defeated
and the Limitation of the present con-
stitution is. consequently, removed.