The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-21
GRAFT BILL GOVF FAFHEUED.
ATTEMPT TO SECURE ALL
HIS COURTS PATRONAGE

stirred Much III Feeling at the Time and
Brought Upon Him . sharp Eebuke
From His Fellow Judges I'm Measure
Defeated AFTER Heated Hearings.
Soon after John w. Goa. who vas put on
the Murphy Hearst judiciary ticket for
Justice OF the Supreme Cour at the request
Of Hearst, took his seat on the General
Sessions bench on January /, 1906, he
caused to be introduced in the Legislature
at Albany a bill which would have given
him complete control Of all the patronage
in all the parts Of the court. This measure
was frequently referred to as the Con grab
bill. By It's terms all the other Judges OF
the court were to be ignored when II came
TO appointing clerks, deputy clerks. stenog-
rnphers and attendants. The bill was
introduced by Senator Robertson and was
referred to the Judiciary Committee.
The other Judges Of the Court OF General
sessions were astounded at the action OF
| the Recorder. Before ths bill was intro
duced there had been considerable btcker-
ing over the matter OF appointments and
considerable friction resulted between Re
corder Gof and his colleagues. One OF
the latter, Judge Randolph b. MARITIME,
whose health had not been good. worried
! greatly over the row, n he died the day
that the Senate committee gave q hearing
here on the COT bill.
Prior to the introduction OF the measure
| Judge Cowing had instructed the Grand
Jury to investigate the business methods
of the Court OF General Sessions in con-
nection with the ~insinuations that Con
had made concerning the loose way that
the work had been done. b jury re-
ported that they had received evidence OF
serious neglect Of duty among the subordi-
mates in but two cases. The men concerned
in both we're but subordinate court attend
ants, but even in those cases." said the
jury in it's report. Subsequent and pre-
ponderating testimony materially Modified
their ~wrongdoing,'
The Jury also reported that in their judg-
ment reliable and efficient service could
best be secured by the appointment OF the
various court officers through the joint
concurrence Of the several Judges.
BY the time the report Of the jury was
made God had had the grab bin introduced.
| He paid no attention to the opinion Of the
Jury, but went ahead pushing the bill harder
than ever. On the day hat the jury re-
ported Judges MARITIME, Fitzgerald and
] Cowinr sent a memorial to the Legislature
protesting in the strongest terms.
SHOULD this Measure become a law,
said the memorial. "one OF the Judges OF
this court would be vested with the abso-
lutte power to remove and appoint all clerks,
attendants, stenographers and interpreters.
All Of these officials would become his per-
sonal s~ubordinates and would be made
entirely irresponsible TO n independent
OF the other Judges. The mere statement
OF this unprecedented, sweeping and revo-
~utionary proposition must awaken in
thoughtful mind grave apprehension as
to the dangers to which the due admins
tration OF the Law would be exposed, by
the placement OF all the powers and au-
thorities vested in all the Judges by number
less ancient statutes, customs n usages
enacted and observed for the discipline
and regulation Of the courts procedure
and the proper care n custody OF its
invaluable and extensive records.
would il not be periIous in the extreme
10 vest in a single man the absolute con-
troll Of all these criminal records, TO make
him at the same time custodian and JudgeG
Yet this bill contains such a monstrous
proposition. All clerks are to be his ap-
pointees. Trace a single case. Complaint
wom police court received by one OF his
clerks' Indictment or dismissal after investi-
cation by Grand Jury, hled with another
4 Indictment found. the original to be re-
to- the time Of judicial action Then the
appointing power. acting as q Judge, can
dfsmiss the indictment, and every scrap OF
naner. from the first pleadings before the
committing Magistrate down to the final
order of the court, ending the action, would
20 back again into the sole care OF these
personal appointees.-
The memorial pointed out that the office
OF Recorder was the My OF the Tour
Judgeships that might be filled in case OF
vacancy by the Board Of Aldermen and that
IL would certainly be an anomaly TO have
such a temporary appointee become the
presiding Judge OF a great criminal court
with the power OF absolutely removing its
clerks. stenographers, attendants and inter-
prefers. thereby securing control OF all its
records.
sOf the minor glaring defects in the bill.
continued the memorial. we refrain from
speaking, as the principle involved Is 80
subversive Of right. 30 repugnant. TO Justice
that should this protest go UNDECIDED, result
ing evils from clumsily n details
are of inconsiderable importance"
When the hearing was being given on the
bill the announcement Of Judge Marines
death was made. Thu two sessions Of the
COMMITTEES here were more sensational
than the sessions Of the LexOw committee,
for whom Gof had been chief inquisitor.
Some Of the Recorders statements o the
stand about the doings Of the subordinate
Of the court were so remarkable that several
times when he was in need OF corroboration
he called out. SIS Pat OBrien in the room
Pat was not there and the statements had "a
70 without confederation. The lie TO them
was given direct by Judge Cowtng.
The bill finally failed Of passage and when
the selections were made for clerks. attend.
ants and the like Recorder Gon was ignored
by his fellow Judges in the Court Of Genera
Sessions.