New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-28
FRUITS OF NURPHYISN
Continued from first page.

Continued from first page
Court Of Claims would be taken. Jus
tice McLenusn wrote Of the court
The Court Of Claims as now organized is
conducting the business Of thar court ~ "
least possible expense. II rs rendering oe
cisious in matters involving millions or
dollars which arc satisfactory 10 tho w
s5 snnesi is taken from the decision ~
such court. Thcn why change u q couTL
that Is doing such great and good Work
Has " become possible that sUcn re-'Iv
should he upset snd overturned because o
the political exiSencv-that possibly poNtical
advantage may he attained nv appointing
some other Judges IN hold such court
Of course there were people Who con
tended that something more than nero
iob- era hbing was behind this bill. Re
ports declared that influential Democrat
ir politicians held 2 grudge against the
court because claims In which they were
interested didn't receive the considera-
ton ~ the hands of the court which theN
considered proper and the awards ~
damages didn't seem largo enough 70
them
Such contentious were not advanced -
and LAWYERS VINO opposed the bill az leg
'islative hearings They took the case on
IT'S merits as q legal proposition. Among
the eminent men who argued against any
change I'm the court were Ex-Governor
Frank : Black. John 6. NIilhurn.
prominent Democrat: L. Latin Kellogg.
rv-Tustice Morgan 7. O'Prien, IS We'll
a.
LAWYER and Judge was unable 10 appear
lin person. but filed brief against the
measure under consideration.
Declared II Unconstitutional
Tho .onor ~ their srgun ants was that
the change in The court was unconstitu-
tio,al would disturb the business Of the
court and was against public policy
Mr.. Kellogg said in his brief
-rbere is no uretoucc IN this case. that
any cause for removal has peeu snow l'
The high character OF inc IeS'
. cumhents. the excellent QUALITY OF 'nr"
+ -rork in the past. their fitness for the PEI
/ forr1ance of the work, judged soley ~ 90
resume Of their work ana inc nc" ,,c
tbo matters brought before them I'D lN'
/ sbserce ~ auv complaint from any
! source puplic or private. not only snow
. that there IS no cause tor theI l'l.lu. o..
hut an absolute and stronS reason 4o' '"'''
retention.
- He cortended that tho Legislature
could not pass euactments indirectly ac-
comnHshing what was forbidden by the
/ constitution. and added:
The massage ~ tho act under cous.dera-
p tiou will accomplish but one purpose. D..
viii deuose tho sppointees cf one '7cEe.H 1
% the state 81 Now York and confer au
/ a roir+r7eut Of new Judges UPON another
? Governor Of the state or New , oTk. ll''
. removal "a therefore not on'N dIu,,i,..,",..t
hut for no reason unless II ~ p'I'''''
ono.
All the speakers contended that any
change IN tho court would prove dis
tgrbing and confusing and DELAY the
business certainly until a test Of the
+ constitutionslitv Of the at vas maze.
The only one Of these arguments which
had auv effect on tho Democratic Lead
ers was that on the constitutionalitv ~
the change they contemplated. They
altered the form o. the bill and Just ~
the close ~ tho legislative session. when
r. had been supposed the attack on the
court was long dead. jsmmed the new
bin through both houses.
Where Tarnmsny Lost Nerve.
In q discussion IF Democratic attacks
On the judiciary in the interest 81 the
hungry of1ceseekers the notorious in
'ferior criminal courts ripper bin must
not be overlooked This measure Wa
! rerhaps even rsnBor iob-grabhing
proposition than the Court Of Claims
.sr-
and Assemblymsn Levy's methods IN
championing it SO hrazen. that an out
ragged public decencv decreed its death
at once. and even Tammany had not
nerve enough To back it after he dem
onstrstious made against f.
This bill was introduced early DO the
wear 10y Senator "Christv" Sullivan and
Assemblvman Roylau. II would have
Iegislsted ont Of office tho Justices Of
the Court of Special Sessions aud the
CITY magistrates I'm New York City.
Their successors we're 10 bc elected this
fall for ten-year terms. the Special Scs-
sions Justices by boroughs. tho Wagis-
trates by districts. The bill increased
by six the number If city magistrates.
This measure tore 20 pieces the
scheme oC interior criminal courts de-
signed by the Page commission. which,
after a years trial. was found 70 De
working satisfactorily and 10 he elm
mating partisan politics from the courts
10 considerable extent. II would have
abolished the Domestic Relations Court
and the night court as IN incident 10
I its general destruction.
However the bill died IN spite Of the
anpionship NJ Aaron Levy. whom the
organization put forward 70 defend 1t.
Later he introduced a hiI legislatin= ont
Of ONCE the city magistrates and pro
vidiug for the election OF their successors /
~, horoughs This ripper bin also failed
~ passage
HOSPITAL PATIENTS CAN VOTE
Justice Tompkins Decides IN Favor Of