New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-10-04
TEST OF PARTY STRENGTH.
DEMOCRATS MAY MAKE A FIGHT OVER
PROPOSED AMENDMENT RELATING
To COT-RT OF APPEALS

TO COURT OF APPEAlIS
Albany. Oct 8 (speciaD. Up to within few days
It has not been believed that there would be any
test Of the relative strength OF the Republican and
Democratic parties a this years State election.
since 10 candidate for State position was to be
elected but It appears such a test may be
made upon proposed amendment to the Constitu-
ton relating to the Court Of Appeals. This amend
ment reads as follows:
Whenever and as often as a majority OF the Judges
OF the Court Of Appeals shall certify 10 the Gov
ernor that said court Is unable. by reason OF the
n Of b causes NIT speed the
Governor shall designate not more than four JUS
docs OF the supreme Court to serve as associate
Judges Of the Court OF Appeals. The Judges so
designated shall be relieved from their duties as
associate judges of the Court OF Appeals until the
causes undispOsed OF In said court are reduced 10
TSe Wow ;oyern" nav designate justices OK the sn:
preme Court to fill vacancies No justice shall
except while holding the Office Of Justice Of the
Supreme Court, and no more than seven judges
shall sit I'm any case
The amendment proposed by a Republican
Senator Elon r. Brown. of Watertown, and first
was passed by Republican Legislature in 1898.
Then It was once more passed by the Republican
LEGISLATURE OF this year 1t thus appears TO be
stamped as n Republican measure.
Recently some Democrats in attendance at the
State convention Of the Federation OF Labor
introduced a resolution against the amendments,
.bo ,ronosed amendment to the Constitution would
deorye electors OF the whole State of the right to
elect Judges of the highst court ana give the EoV-
ernor extraordinary powers. enabling him by MS
appointment practically to control the Court OF
An,eols II he were so inclined: to pack the Court
with men who TO say the least, would be inclined to
exercise this discretion against the toillng masses
Then II was resolved that this convention Is OPP
nosed to the adoption of such amendment, and
earnestly requests organized workmen and all cleo
tors who believe that this is government of the
neople for the people and by the people TO vote
against Amendment No. 4. which mas Tor us oo-
tect the taking away Of the right of the people to
eloct their Judges and concentrating the power OF
annointuent In the hands Of one man..
DEMOCRATIC POLITICIANS ACTIVE.
coma Democratic politicians It is limited. intend to
array - they can the Democratic party also
against the amendment. Whether this VIII take
the form OF a resolution passed by the Democratic
state Committee against the amendment Is not YET
known. 49,
The amendment. however. will probably have the
support Of the members Of the Court OF Appeals
Douocrats as well as Republicans since they are
DESTROYS OF having aid at the earliest possible mo-
ment in the disposal of large number OF Gases
now before the court. The court Is behindhand
with its work but 1t is stated that II is keeping up
with new business before 1t. If, 1t Is stated the
accumulated cases which were a heritage from
tho old Court OF Appeas-when there was no APP
pelate Division OF the Supreme Court to help carry
mart OF the burden OF considering lawsults-can
once be disposed OF, the present Court OF Appeals
can keep up with Its work
SOME REPUBLICAN OPPOSITION.
Some Republican opposition has also been mani
tested TO the amendment. John T. McDonough. the
Secretary Of State. has made the same points
against IT as have been made by the Federation OF
Labor Mr. McDonough elected a repre-
sentative Of the labor wing Of the Republican
party.
John McMackin the Republican Commissioner OF
Labor Statistics, has also attacked the amendment
Speaking Of the amendment yesterday he said:
II is proposed by the amendment to enlarge the
great powers OF the Governor by authorizing him.
i'm addition the selection OF the Justices OF the
Appellate Division OF the Supreme Court. to name
i'm effect four Judges of the Court of Appeals.
This power in the hands OF an Executive such AS
cousy and properly exercised. but how do we
know who may come after him and how his sue
cessor may this power? II he were so disposed
he could practically control the decisions OF the
Appellate divisions and the Court of Appeals. IL
four more judges required for the Court OF APP
as the seven judges sitting in that court were
elected? Why elect some of the Judges and APP
point others? II the system Is to be harmonious
and the people Of the whole State represented In
that court. all the judges should be elected by the
whole people and not four OF them appointed four
not elected by the people Of the entire State but
by the electors OF judiciary districts This Is a
matter deserving serious consideration on the part
OF the working classes OF the State.
<