New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-21
Tolls Convention More of
Them Would Make q
Better State.
SIJPREME COURT
JUDGES ACCUSED
CHARGED with Nepotism in De-
hate on Section Substituting
Them for Referees.
,r.,n,s,,~ co-respondsn, o. Tho Tnbunel


Albany. Aug 20.-Elihu Root told
.bs constitutional Convention to
r;rb. that New York state would have
h.6 q better government and its people
youls have been more content if it
had had more impeachments.
There ought TO have been more
than four impeachments in this state
and great many more said Mr..
Pant I'VE would have had better
Government and more contented
reo,ls if this remedy had been more
prac,ieable and available, so that
more unfai.htul officers would have
been called 90 account.
The inadequacy Of the temedy has
been such that over a large part Of
our country people have been demand
inr-what? Not that public officials
should have their Offices secured by
right OF trial before court and an
impartial tribunal, with the right to
he confronted with the witnesses, with
the right to specifl charges, with
the right 10 judicial judgment upon
tte proof. but they should be liable
70 be recalled by q popular vote cast
upon information obtained from the
columns Of newspapers.
81 say il is the lnadeduacy OF the
remedy Of impeachment which has led
10 the widespread demand for recall,
and those Of us VINO believe that that
would be a great misfortune are bound
20 make the LEGAL remedy-an oppor-
turitv for the public Official TO re-
ouire proof. be confronted with the
witnesses. and to have opportunity
10 cross-eXamine and give his evidence
and have judicial judgment-to make
that so adequate that we VIII hear no
more of this demand for recall"
Mr. Root was moved TO his remarks
bv motion Of Leroy A. Lincoln" OF
Buffalo. 20 strike out the provision IN
the judiciary article that the Court OF
Impea .hment. made up of Senators ana
the Court Of Appeals, may order al or
any part of the testimony 70 be taken
and reported by a committee com
nosed of members Of the court, eX-
cept that the impeached officer must
be allowed to testify before the court
Il he so desires
Mr. Lincoln's amendment was de-
feated. and the impeachment section
q originally prepared was adopted
Supreme Court Judges Accused.
During to-day's debate on the judi
ciary article charges OF nepousm were
made against some Of the supreme
Court Judges. No names were men
toned, and none Of the delegates made
n
Of the accused.
The charges were made during dis
euSsion of Section 6. which provides
for the appointment OF Supreme Court
Commissioners 10 take the place Of the
present referees and condemnation
commissioners. Several delegates pro.
tested and alleged that certain law
yers in the convention were trying
through this section, 70 provide peH-
sions for retired members Of the Su'
preme Court. for these alone are ell
eible for appointment as commission
ers.
q want TO speak plainly about the
Judges Of this state" said Robert S
Pelletreau, of PatchOgue They are
the most effective lobbyists in the
state They get the Legislature to
Jack uD their salaries. Now they are
sitting up late at night to put some
thing over on this convention. This
convention should not become a pen
sion bureau for retired Supreme Court
judges
"Why. these Judges don't overlook
anything. ! know of one judge who
appointed his wife his own stenogra-
pher because he did not have brother
or sister 10 appoint"
Favoritism Charged.
Other delegates declared that New
York City judges appointed none eX-
cept relatives or relatives of other
judges TO refereeships. 1t was TO end
this system, members of the Judiciary
Committee declared. that the section
was drawn.
There was so much objection to per-
hitting the Appellate Division 10 ap-
point the Supreme Court Commission
ers and also fix their salaries that a
compromise was reached in an amend
ment giving the Board of Estimate
the power 90 name the salaries. The
section was then adopted
Seven sections IN all were adopted to-
day throughout the debate there was