The evening world. [volume] (New York, N.Y.) 1887-1931, 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.

ALBANY, n. ", Aug. 2l.-Several appli-
ca tions 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 Chart
ties was read. and Mr.. !. Sam johnson
arose and said he wished to have II UNI
derstood that 1. 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 10 secta-
ran schools. He believed it was wrong
and should not be accepted.
Mr.. Lauterbach said that the section
alluded to was Il joint section adopted
by the Committees Tn Education and
Charities 1t did not allow schools of
sectarian proclvities to get money, but
simply allowed the state to give money
to such orphan asyiums as were under
the charge OF the state Board OF Cnarl-
ties.
The committees of the Convention were
to have reported finally To-day, and all
but four OF them dld 50.
The Committee on Judiciary tep1rteG
fayorably the amendment OF Mr.. l. :.
johnson, Incorporating III the oath OF
office for newly cie",ed officials IA section
alleging that no influence has been had
over any primary. heicrred TO general
orders.
The Committee Of the Whole took Up
the judiciary article again. ard Mr.
PiatZek offered an amenincnt providing
that the City Court of New York be re-
tanned. He argued that 1t mad special
duties that no other ,ourt could take up
and do justice to.
MIR. Jesse johnson thought it would
be very unwise to retain court that
was under such poor rulings as tins
one. Mr.. Root explained that the city
Court had been created by corrupt
Legislature. IL not. there would never
have been created such Il 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
TINS proposed article.
The proposed amendment of Mr..
PlatZek was defeated, he being the only
member making any argument in favor
of II.
Mr.. Woodward offered an amendment
that no justice of court should be al
lowed to try again case on which he
had originally. sat in the trial court.
the amendment was defeated.
An amendment OF Mr.. Forbes to Tor
bid any salaries of Judges promoted
from abolished courts or TIA ken from
other counties to be increased was de-
feated.
Mr. Forbes then offered another
amendment forbidding the abolition of
any of the courts of New YORK city.
Section Of the article caused sore
debate, as it ia the section of the
Court of Appeals that changes the Num-
Mr. r.. II. 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 nearing OF IA case
every judge was present
Mr.. Dean was opposed to letting con-
ventions select the judges. By TINS
scheme the Democrats could in their
Convention select Isaac IL. Maynard.
and he could not he defeated under this
provision.
G. Il. Mclaughlin said that it was ri
diculous to say TINT there was no over
burdenng of the Court OF Appeals. only
a few years ago the Governor had TO
appoint second division Of the court.
The Court of Appeals was III cases be-
hind now and the cases filed now had
to wait for Il year and a half. 1t was "A
serious question whether the court
should not he increased to fourteen in
stead of only nine.
Mr.. Choate coInplimented 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
guments OF any weight in favor of the
adoption of a nine-iudge court.
Without finishing the discussion re-
cess was taken.