New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-08-23
sTHEY STILL ARE SEVEN
THE NUMBER OF COURT OF APPEALS
JUDGES WILL NOT BE INCREASED.
A MOTION TO RECONSIDER TUESDAYS A0fA~"
ON THAT POINT DEFEATED BY VOTE -.
nE, 81

A
ON THAT POINT DEFEATED BY VOTE -.
OF Ga TO s3
, -~, prcutAR CORRESPONDENT OF TIE rRfBuNH
Albany Aug 22.-The constitutional Con'en.,o"
tod again to-day the question Of amending the
constitution so provide for an increase Oh Tue
number of Judges OF the Court OF Appears 'oiA
seven To nine Such an amendment was Voteo GOV"
yesterday but IT was revived to-day owing TO the
defeat of Mr. Dickeys amendment creating seo'
ond division Of the Court OF Appeals
When the convention met 1t had before II MT
Roots motion to reconsider the vote by whicn Mr.
Dckav's amendment had been adopted. c. b. MO
1aughln opened the debate by saying that ne De-
leyed the legal fraternity favored Court OF Ap-
peals Of nine members rather than secoho o'-
vision of seven members President Choate sup
norted Mr. Roots motion, and called attention 70
,ho fact that the Judiciary Committee by unant-
nous vote had decided against second division OK
the Court OF Appeals.
Mr. Roots motion to reconsider was carEieu w
vote of 80 to 80: and the amendment was then ~
jected by vote or ~ TO a.
C. B. McIaughin thereupon moved to reconsider
the vote on the proposed amendment 70 the Con'
stitution increasing the number Of judges OF the
Court OF Appeals from seven to nine, and argued
that an increase OF the number OF judges OF tne
court was necessary II there was TO De no secona
division.
consistent TO reverse its former decision against
an increase OF the number Of the judges MessrS
smith Towns and Nco supported Mr. McLaugn-
Inns motion
Mr. Root said the Judiciary Committee had an
tcipated that some OF it's work would be re)ecteo;
It had therefore loyalty accepted the decision OF tne
convention when 1t reduced the eumber OF Judges
of the Court of Appeals from nine to seven ne
still believed personally, that nine judges IN tns
Court of Appeals could do more work than seven
Judges could. ,.....a h~
Mr.. McLaughlins motion was theh ueie"'S" ~
a vote OF "a to S3. A., .oo.,o~
The convention thereupon took up tne secuSn
of the judiciary article limiting appeas 10 tnS
Court of Appeals. Mr. Crosby, or DEM, peiaware
County moved that murderers convicted OF MUIR
der in the second degree and sentencea 70 LII IN,
prisonment for life. be included among those mno
could appeal to the Court OF Appeals on queStlons
Of fact After considerable debate this amehumene
noon the convention reconsdered this vose anu
defeated the amendment by vote or 80 10 oI
Mr. O'Brien next moved that the sectlon snoulu
he amended by striking out from II the sentences
ijnSit on appeals He argued that the prohibition
would force the poor to abide by decisions IN law
suits which they would not accept otherwise. .
President Choate opposed the amendment, 90.
clornp the article II was to be in the interest,"
~ The moor man Mr. OBriens amendment was
rejected by vote or 81 10 is -. .,.,-
g b Mclaughlin offered an amendment strikine
out the amendment relating to pensions Oh the Juoi-
~ II Brown offered a substitute changing the
phraseology OF the article as reported oy tne son
nmittee so that pensions should be given only 70
;,,dges who had served ten years OF the term "
terrupted by the age limit
Both amendments were lost.