The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-04
THROUGH At LAST.
t,,SHnIT fIOCk SfOPPrD .
mn Y, 10 no ~
s...lor fnis Wnn ~ F'traor'i1ar, ttSi'
osr q mn to 1Fsats " N"Ve Ju'sise-
.hlps II HAD Besn Hrs'~" TWiee :"
,,,t,.fonT Iteurs sow It's passed.

.... i,.sn creating ,tdRrahir- that could
...t ,hor icing named Tor Supreme
..r, JI-'trc. re-ultci m q scandal In the
,.-,u.I. 'r-dig Il wa the last Official
., u ,,, prrs,nt Na-c nbly when Senator
.....t nll creating two additional jus
... for th, Eighth Judicial di-triot was
through
. .ao N..crnbly IVA rejected the bill.
r.,., t-s"mhiyn man from tho Eighth
j.. "a. G.trict. with but one exception
.,....n'.uan COS Of Buffalo, had voted
..,I., AGAINST ia, bill. The session wa4
..., 20 end when the most unexpected
r... vas made.
fFo resolution providing for final ad-
r,mcnt ~ the Legislature had fixed the
t..r FOR T. o'clock. This year IL had been
,nc intention to adjourn promptly at that
r..r. There was to be no Juggling with the
I.r, hY, a. II 50 it was seen that the Assem-
Iy could not get through with the business
desired and the clock was stopped at that
ro,nt and there it remained until 3S7 this
sf,crnoon. The Senate adjourned without
waiting to receive a committee from the
Assembly notifying il that the Assembly
was about to adjourn.
When the Mills resolution amending the
Constitution in regard to the number OF
Justices Of the Supreme Court was
adopted by the people, it was commonly sup
posed that it was merely to help out the
,i,uation that existed in New York and
Brooklyn. There, IL has been admitted,
more Justices are needed. But above The
Bronx there had never been any necessity
for more Justices, providing the upstate
Justices sitting in New York city were COM
nelled 10 return to the d istricts which had
elected them. But the politician lawyers
saw opportunities in the Mills resolution
and grasped them for their own selfish ends.
As a res ult the number Of Justices in tho
State has been increased twenty-six by
bills passed by the Legislature which closed
its sessions to-day.
Nothing more ~farcical was ever witnessed
than giving the Third Judicial district two
more Justices, This Is the Albany-Rens-
selaer. Ulster district, and there never
has been any complaint about hav ing too
few Justices. To-day, however, the num-
Der was increased by two.
Last night the Assembly refused to
pass the Davis bill providing for the two
extra Justices in the Eighth district. h
morning Immediately after the session
opened Assemblyman Cox moved 10 re-
consider the vote by which the Davis bill
had been lost. Assemblyman Wade bitterly
opposed the motion. He said:
The people of the Eighth judicial dis
trict are s~oandalized over this bill. My
county Of %Chautauqua Is up in arms over 1t.
We don't want more justices. What we
do want Ia TO make our Justices stay at home.
1t is disgrace that five out Of the ten JUS
tees Of that district are sitting in New FORK
city, Make them stay at home and we
have enough. The people Of my county
know what il behind this bill, and let me
tell you that you need not expect a maj rit
Of lO,s78 next fall from Chautauqua county
II this bill IL passed.
The bill, however, was again placed
on the order OF final passage and failed to
pass by one vote, rs members being re-
corded for 70 being required to pass it, and
is against the bill.
From the minute the bill was declared
lost Assemblyman Cox and others began
to circulate about tho Assembly chamber
tuttonholing members, After the Albany
Rensselaer, Ulster additional Justices bill
had been passed by an overwhelming
majority, Asscmblyman Cox sprung to his
'cct and moved to suspend the rules so
that he could call up the Davis bill again.
Asscmhlyman Wade raised the point OF
order that the hour for final adjournment
had been passed. Speaker Wadsworth
ruled him out Of orden
When the bill for n third time within
twcnty-four hours was placed on the order
Of final passage 1t was passed by u vote
Of 81 to ~.
Then Mr.. Wade began his attack m the
validity OF this action. lie moved that
the journal show that the bill had been
raised at 400 o'clock. If this had been
adopted tho bill would have been dead,
for no business can DO transacted after
the hour FOR adjournment IL reached, which
was the roon hour, but Majority Leader
Moreland asked that the journal he adopted
and the Wade motion was lost
When Gov. Higglns's attention was called
To the statements OF Assemhlyman Hooker
and Wade he said;
My policy with regard to the increase
: the Judiciary in the various districts Of
ne state has been to favor only such In
creases IA are necessary for the transaction
Of business, without regard for tho am
hihons Of individual aspirants for the
bench, | stated these views clearly in
my annual message, saying that the 'egis-
lature should proceed with an eye single
to the correction Of evils due to an made
quate judiciary. | had indicated clearly
my intention to disapprove any bill which
would not he defended by the members
OF the bar Of the district who are most
familiar with its needs. In the new Ninth
district ! discountenanced the effort to
Pass a bill providing for four now Judges.
In the Eighth, district II was voted by
the State Bar Association anti the Erie
County Rar Association that additional
Judges were needed. The constitutional
amendment permits an increase Of four
new Judges in the district, A combination
OF interests stood out for three Judges,
and when I indicated my refusal to APP
prove a bill for three Judges these interests
sought to defeat any increase whatever,
In my judgment this action was not taken
'or The best interests Of the district, hut