New-York tribune., 1906-05-04
LAST ASSEMBLY FIGHT
MORE JUSTICES VOTED.
Charges of Executive Influence
Debate Delays adjournment.
IBy Telssraph 70 The tribune. ]


Albany. May 9-After violent fight. which
delayed final adjournment OF the Assembly for
three hours beyond the time lxed by resolution.
the Davis bill. giving two additional Supreme
Court judges 20 the sth Judicial District, was
passed to-day by a vote OF SO 70 %. Twice be-
fore it had been defeated. due principally TO
statements by all the legislators from that dis
trict except one that more judges were
wanted. on the third attempt, Mr.. Cox. OF Erie.
got the vote reconsldered and forced the bin
through.
Charges OF bad faith and executive influence
were made I'm the debate. Mr. Hooker OF Cen
esee, and Mr. Wade Of Chautauqua, declared
that Governor Higgins had sent out word TO
pass the bill, and that the entire campaign was
made 20 benefit certain favorites. These state
ments were denied by Mr.. Moreland. Mr.. Mer-
ritt and others
This evening the Governor issued a statement
setting forth his attitude on the question. He
said:
dciary in the various districts OF the state has been
~ ~ haNor only such increases as necessary for
te transaction Of business without regard for the
tafsg .s OF INDIVIDUAL aspirants for the bench
saying that the Legislature should proceed with
inadequate judiciary had indicated clearly my
intention 70 disaPprove any bill which would not
district. who are most familiar with it's needs.
EFFORT TO pass bin providing for four new Judges
IN the Sth District. II voted by the State Bar
Association and the Erie County Bar Association
that additional judges needed. The constftu-
tional amendment permits an increase of four new
stood out for three judges. and when indicated
my refusal TO approve bill for three judges these
interests sought to defeat any increase whatever
best interests of the district, but to dis
appointment over the failure of the three Judge
proposition. / opposed alike to the saddng of
Unnecessary judges upon the district and the re-
fusal to grant necessary and proper relief
gested court calendars.
During all three of the debates on the measure
Messrs. Wade and Hooker. both of whom are
from counties in the Sth Judicial District op-
posed the BILL but it was in the last debate that
the speeches became bitter. Mr.. Hooker said:
I have opposed this measure and have taken
such a course because l believed in view of the
district did not want the increase in judges that
/ was doing my duty. The vote just taken indi-
Gates the manner IN which members OF the
House have been wavering the proposition and
have hesitation in declaring that their change
ond floor Of this building Persons who are not
members Of the House have been active during the
last half hour in behalf of this bill. which has
practically been rejected twice.
Take orders. if you will" shouted Mr. Wade.
"but while you are making this remarkable
shift want 70 tell you that there is a greater
power than any present in this Capitol and
intend to arraign before the bar of public opin-
ion the men behind this outrage 1 will content
myself with being recorded in the negative I
know from whence the orders come, and know
the source OF the glory that shines all around
US"
''It is with the greatest delight" said Mr.. Mer
ritt, sarcastically, that 1 hear the gentlemen
from Genesee and ChautauQua making their
declarations of independence l had supposed
ana 1t was generally believed, that they were