New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-02
THE CONVENTION SUPREME.
1T REsENTS THE ATTEMPT OF THE
JUDICIARY TO CONTROL ITS ACTION.
ADOPTION OF THE COMMITTEE REPORT on THE
MAYHAM INJUNCTIoN-ELIHU ROOT WILL
CHAMPION THE CAUSE OF TIE


CHAMPION THE CAUSE OF THE
ANTIsUFFRAGIsTs.
FpoM TIE REGULAR CORRESPONDENT or THE TRrbTNH
Albany. June 1-Justices Mayham and Ed
wards Of the Supreme Court will have to decide
whether or not they bigger men, than the
Constitutional Convention; since that body de-
clncs to recognize their authority to issue an in
junction prohibiting the convention from judging
of the qualifications OF Herman i. Trapper, OF
Buffalo. to be a member of that body. In fact.
Justice Edwards has put forth no claim to have
any authority over the Constitutional Conver-
ton II was Justice Mayham who issued the In
junction addressed to ninety delegates and COM
rnanded them to appear through counsel before
Justice Edwards at Hudson tomorrow to show
cause WHY the Injunction should not be made per-
petual.
The convention will treat Justice Edwards po-
utely He will receive a note from Charles f.
| Fitch secretary of the convention tomorrow
morning informing him that the convention de-
clines to recognize his authority to interfere
with the convention, and respectfully remon-
strating against his attempting to entertain ju-
rlsdiction.
The judiciary Committee through its chair
| man. Mr.. Root to-day submitted report to the
convention concerning this subject report OF
n subcommittee, consisting Of Louis Marshall,
Charles H. Truax and Elihu Root. accompanied
the main report, IN which the law or the case
was set forth at length. This report of the sub
committee was read to the convention by Judge
Truax. Of the Superior Court. and the convention
was interested ir the citations Of law authori
ties favoring the idea that the convention is
higher body than the judiciary Of the State. and
[ therefore not subject to the latters direction.
The main report was then read and adopted
! II as follows:
! 70 the Conventions
The Committee on Judiciary return herewith the
writ Of prohibition Issued out OF the supreme court
commanding the convention TO desist and refrain
from any further proceedings IN the matter OF
proving. examining inyestisatng deciding or Judg-
rls ar DryIIeges o5 said Herman F. Trapper as
! a member OF said convention or as delegate or
| saii convention" and reports thereon:
The convention has been created by the direct &C
! ton OF the people. and has been by them vested
with the power and charged with the duty to re-
| vlsc and amend the organic law Of the state The
! junction with which 1t thus charged is part
OF the highest and most solemn act OF POPULAR POPULAR
sovereignty. and in its performance the CONVENTION
has ana can have superior but the people tnem-
selves. no court or legislative or execuuse oflc Ger
pnwcrs or tho performance OF the duties which the
/ people have enJoined upon this their immediate
Tho convention has been expressly authorized by
! To- revise ana amend the Constitution. 1t has also
rs necessary Implication been endowed oy the satns
]
10 ,uc exercise Of the powers expressly conferred
! Among the powers so conferred by necessary i'm
a., - , g. are Inc power 10 discipline its
members to repress disorder, 70 try, condemn ana
punish persons who disooey us process ana a., 10
judge OF the qualifications ana eleJI,49n5 eroonS
Affirmation OF powers 10 the three great depart
ments for the purposes of the ordinary government
| OF the State under the Constitution Ihey are
SGSed no Se rety rom the eope because
| necessary TO their independence and enectFe aG
ton. They conferred upon every suSh oo by
| by the simple act OF its creation and without me
necessity OF an express grant TINS was me som Com,
York the 18Th OF April no II has always p pt
the law OF this state and universally throughout
the United States.
: Constitutional Convention is legslai;ye. boy boy
or the hgnes, order. Il proceeds BY Iegls.aHire
methods It's acts are legislative acts. lis tuaDt.Gn
| is not ID execute or Interpret laws, out 70 mar
| e,ctors may be necessary 20 give effect 10 the
otia-nces x the Convention 10 more cnanses their
| legislative character than he rtqilFeWeht OF me
/ ton cf me senate ana Assembly. L, : far more
! Important tHa; a Consltutonai Convention shouIi
! b. s flr an ordinary legislature because The con-
! veuton's acts are ~ more momentols ana ias,,
.ns cotatqd"uoe anI because IL mas 20 pass u'o
! IN power, emoum-nis anl he very existence OF
judicial and legislative officers who might o;net
wise interfere wth u lh- convention 4u,'s.
! me- ony way Oy which the people can eNef .o
! ig1l over :ht convention "oul Dr M"9.'S "0'''-
! pAf.oie Win 'he free exercise of tnai vii ,
/
! 10 possess among thee inherent powers The po~sr
% 'ug. ~ me qualifications ami elections OF ths,r
| dr.li authority and by The leglslatu' . 81 ls65
| l>f AMI i@l l. Is n accordance wtn al approve
s.l.es W. know OF no authority wh1,~vsr 70 he
! contrary II Is 4 necessary conclusion from the
| ur !rr.ylu principles upon which our Government
our conclusion l.: That the people u this STATE
! authority AMI have charged upon i the Guy -
! - rr.pp-r. tfat the members Of the Convention.
by accepting the otce. and b. ther oathS q office
ni's.n. mon he election OF Mr. Trapper. ana
other course Is open 20 them but 70 proceed wi;h
We report herewith. for the Information or ihe
Convention ful saem9n, % ,ne , INV ,pn ,Sl'
believing that me wrlt o. pgoh'ol',on heLe,otore
We rccommend that the views OF the CONVENTION, as
embodied In the foregoing report be transmitted oy
! court with A respectful rem0nstrance aga.ns, It's
en,ertainns jurisdiction.
The proceedings of the Convention opened this
morning with the presentation Of the usual petit
tons for striking out the word male" from the
| Constitution. Several petitions against the man
ufacture ana sale Of liquor were also pressed.
Ei!hu Root. Of New-York, handed up the petit
ton Of the New-York antisuffragsts lie said
he was willing to do battle for the slgners against
all Corners. with their petition the ant-suf-
fraeists filed a brief giving their principal rea-
sons. They have ribbon badge.
Mr. Kellogg, Republican. OF Oneonta, presented
an amendment TO the Constitution to-day pro-
viding that Justices OF the supreme Court shall
have no jurisdiction outside their own districts
to grant eX-parte orders relating 10 registration
lists title 10 any political office. This
amendment Is intended to put stop 10 their in
erferlng with elections outside Of their judicial
districts
Mr. Mcintyre presented an amendment making
stockholders liable to the amount OF their stock
and making trustees and directors directly
sponsible for all moneys embeZZlcd or misap-
propriated in their term Of Office.
+. Il. Brown. offered a constitutional amend
ment providing that bitches 70 drain lands may
be opened as roads are opened.