New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-05

After this vote had been taken Mr..
Barnes moved that the convention re
turn TO the Smith proposal and vote
On his motion 10 strike out the enac'-
ing clause. Herbert Parsons asked
that the Barnes motion be laid Oh
the table. Immediately twenty or more
delegates were on their feet asking TO
be heard The convention was in pan
demonium.
Mr.. Wickersham raised his voice
above the din and shouted: Il move
we adjourn!"
Senator Wagner jumped up and
cried that this was unfair This
verges on the disgraceful!" he ex-
claimed. LET us not be cowardly. Let
US face this question:
Mr.. Wickersham pressed his motion.
Senator Root ruled that the only mo-
ton in order was Mr.. Wickersham' s.
He put the question. BY thunderous
viva voce vote the motion to adjourn
was carried.
The first bill taken up to-day was
the proposal increasing the Governors
salary from $4,000 to $4,000, to take
effect January /. 1917. instead OF Janu-
airy /. 1916, at the request of Governor
Whitman.
When the debate on the bill Of
rights was resumed almost every I'M
portant provision in it was stricken
out. Last night the provision advo-
Gated by the labor unions. prohibiting
civilians from being tried by military
tribunals while civil courts were IN
session, was stricken out. The first
provision eliminated to-day was the
Belts proposal permitting jury IN q
murder trial to bring in verdict OF
death or life Imprisonment Then the
rroposition advocated by Francis Lynde
Stetson, forbiddng Imprisonment IN
civil actions except for contempt OF
court. on final judgments for pen
atty. for fraud, for wilful injury 10
person or property. or for domestic
servants wages, was stricken out.
The first real fight on the bill came
when Section 6 was reached. II was
claimed that what was apparently
merely a right extended TO all per
sons convicted of crime to appeal was
so carefully worded that disbarred
lawyers would have the right to ap-
neal from their disbarment. Judge
Alphonso T. Clearwater, president OF
the State Bar Association, and other
OeleEdteS OtHdUutu llldl Nhio otNNioi
be made clear. While none of the
delegates openly made the charge, it
was known 70 nearly all of them that
one prominent New York lawyer. who
is now facing disbarment proceedings
and who has both wealth and power
behind him. has been lobbying for
this very thing. When a separate
proposal, giving disbarred lawyers the
right of appeal, was introduced two
weeks ago it was roundly condemned by
Judge Clearwater, and as a result the
convention voted it down almost unani-
mously. Judge W. NJ. X. Olcott straight
oned out the tangle by putting in a
phrase that limited appeals TO persons
convicted of crime.
Another little phrase in the same sec
ton would have meant millions of dol
lars to a few real estate spectators in
New York City. and a consequent loss
of millions more some estimated il
at $4,000. 900 to the City of New
York. This phrase read: Property to
the extent damaged by change of grade
or the building or maintenance Of per-
manent structure in, over or under an
nbutting highway shall be deemed 10
be taken" Where il came from no one
vouchsafed. But il was killed when at
tention was called to the possible
vicious effect it might have.