Слике страница
PDF
ePub

to create the office of official referee. We felt that it had become an abuse. Of course, it is said that it creates sort of a pension system. As a matter of fact, with one or two exceptions, all of the official referees who have been appointed are engaged in doing useful and valuable work for the communities in which they are appointed. We recognized the objection that would be made to it, the easy talk that it is merely a pension system; the difficulty of explaining that it is a means of utilizing the experience of men who have been twenty years on the bench as judges of a high court and who, contrary to the principle, which unfortunately democracy so generally applies, instead of flinging them out as soon as they have gotten to a certain point, when their official term was over, it was proposed to utilize them in the very important work which is done as referees, standing commissioners, and in the subjudicial work of the courts.

Now the subject is before the Convention. I do not propose to add anything else to it, but I do not propose to have the matter brought here merely as a subterfuge for a pension, because it was the effort to save what was valuable in the system and restrict the action of the Legislature in extending the system.

Mr. Stimson
Mr. President.
The President Mr. Stimson.

Mr. Stimson - In the very brief time we have, I merely wish to say that I sincerely hope the amendment offered by Mr. Saxe, reducing the jurisdictional amount in controversy in the City Court will prevail. It seems to me that is one of the most important of these amendments, and that the consequences which Mr. Saxe said would flow from the increase of that jurisdiction have not been exaggerated. It seems to me that this is one of the most glaring instances of the following of that course which was commented on in the previous Convention, of how these smaller courts tend to grow. This will increase the jurisdiction to an extent which would produce, in my opinion, very serious evils.

In the second place, although I have listened with great respect to the arguments which prevailed in the Judiciary Committee, in respect to the official referees, I sincerely hope that the amendment offered by President Schurman will carry. It seems to me that that is the only one which meets the situation, and that the objection to the continuance of the provision, even as amended by the present proposition of the Committee, will continue, and the criticisms which have been excited by it will not be met except by action such as is suggested by the amendment of President Schurman.

The real criticism of that is that it is a really disingenuous attempt to create a pension system in principle, without doing it outwardly. In prescribing the qualifications of these official referees and prescribing that they must necessarily be above a certain age, the amendment, on its face, shows that it is not seeking to obtain referees from the point of service. Such a provision as that has never been in the Constitution before and I think it should not be put in now.

Mr. Lincoln - Mr. President.

The President - Mr. Lincoln.

Mr. Lincoln-I send two amendments to the desk. The other night in the Committee of the Whole the question of impeachment was up and I took a certain position there, which with the small attendance that was there, was voted down. I am perfectly willing to accept that decision but at that time the argument was made against me that the amendment now contained in the article relating to impeachment is necessary in order to save the time of the courts of impeachment and I insisted at that time that the time of the court of impeachment was really taken up not by taking testimony but by the time spent in determining whether or not the court had jurisdiction, and whether impeachment lay for acts which were committed prior to the incumbency of the official or only for acts which occurred during his incumbency.

Mr. Wickersham Will the gentleman yield for a question?
Mr. Lincoln - Certainly.

Mr. Wickersham - Is the amendment which you have offered the same as the one which was debated in Committee of the Whole and which I think was voted down there?

Mr. Lincoln - It is not.

Mr. Wickersham - May it be read then so that we may understand what it is?

Mr. Lincoln Certainly.

The President Without objection, the amendment will be read.

The Secretary - By Mr. Lincoln: Page 21, line 11, after the word "elected" insert or acts committed either before or during the term of office of the official impeached ".

Mr. Lincoln Just a word more, Mr. President. I have also sent another amendment to the desk which contains the exact converse. I would like to see whether this Convention is willing to put itself on record, one way or the other, and I am sure I do not care which, in regard to providing in this Constitution that a Governor or any other official may be impeached for acts during his term of office or for acts which occurred prior to and during his term of office. I have sent the two amendments to the desk.

Mr. Donnelly - Mr. President.

The President - Mr. Donnelly.

Mr. Donnelly - On page 29 of the amendment which I presented a few moments ago, and which I had no opportunity to explain to the Convention, I follow General Wickersham's amendment in part. On page 29, General Wickersham's amendment was to strike out on line 6 the words "such further jurisdiction", all of line 7 and the word "have" in line 8. I propose that in line 10, after the word "dollars" this shall be added: "Such court shall have likewise the equity jurisdiction now possessed by the county courts, but such jurisdiction shall be exercised only within the respective counties of such city by the judges elected within such county".

That amendment meets the objection of Mr. Steinbrink, who says there is going to be a rotation of judges from one county into another, and that a piece of property in one county can be foreclosed in another. It provides that the exercise of jurisdiction shall be limited to the county and shall be exercised by the judge elected in that county. It seems to me that that amendment should be satisfactory to all the warring elements from the re

spective counties of New York and I trust that the men from up the State will give to this court the right to have the same jurisdiction that they now possess in county courts up the State. They know how convenient these courts are to go into when it is essential to obtain an order of foreclosure or to do some act with reference to the equity powers of those courts. We have heard that the city of Washington is a city of magnificent distances. I want to say to you men from up the State that the city of New York is a city of magnificent distances for the men in the far corners of Queens and the far corners of Richmond, looking for a Supreme Court judge to exercise some equity power. This court should have the same equity jurisdiction which the county courts exercise. That, as I know, is quite limited, but it is essential for the proper conduct of justice within a given county that this new court shall have that power, and I think the amendment which I have offered meets all the objections about rotation and the conflict of power in the respective counties.

Mr. Hale - Mr. President.

The President - Mr. Hale.

Mr. Hale - Mr. President, I desire to second the nomination - (laughter) the amendment offered by Dr. Schurman. I do it not only in behalf of the people, including the lawyers and the judges of the 34th district, but of the fourth judicial district, as far as I know. I certainly do it at the request of some of the judges of that district. I desire to read this much from a letter which I received yesterday morning from one of the judges in the fourth judicial district:

"I do not believe that the judges of the state as a body would approve of the bill. (That is the provision in regard to official referees). It seems to be class legislation based upon no reasonable foundation. I am very much opposed to it and trust the bill will meet defeat."

In the year 1891 a judge who had served nearly fourteen years was about to retire at the end of his term. He was a candidate for renomination - as

I remember it, he had six years left the people of that judicial district. respected. And yet the opposition of pension system as it then stood was so great that they denied to him a renomination. The opposition that obtained in that part of the State and which was felt over the entire rural portions of the State was so great that the Constitutional Convention of 1894, put a stop to further existence of the so-called pension system. At that time the salary paid to the County Judges was $6,000, with an allowance of $1,200 for expenses, or a total of $7,200. That went on until the year 1909 when the salary was advanced to $10,000 for the judges that held trial and special terms and $12,000 to those who sat in the Appellate Division and $12,500 to the presiding justice of the Appellate Division. That is where they stand to-day.

in which to serve that he might serve There was no criticism of him. He was the people of that judicial district to the

The feeling on the part of every Supreme Court Judge in my district that I am acquainted with, and I think I know them all and know them well, is that they are well-paid; that they deem the position the greatest, next to that of the Court of Appeals, that is possible for a lawyer to occupy. They are satisfied that they do not want the blot of the pension system against them. The President - The time for debate has expired. The first subject Mr. Coles - I should like to offer one amendment to the 29th section.

Mr. D. Nicoll - I have sent an amendment to the desk, pursuant to the direction of the President.

The President - The amendment will be read and submitted in its proper order.

Mr. D. Nicoll - I have an amendment to the section on page 26. I will explain it when the time comes. (Laughter.)

Mr. President - The Chair will submit the question of unanimous consent for the reception of Mr. Coles' amendment. Is there objection? The Chair hears none. Mr. Coles will send his amendment to the desk.

Mr. Coles - I have already sent it.

Mr. Unger - Mr. President.

The President - The Chair must insist upon the enforcement of the rule. No amendments can be voted upon except those which are already pending. The first subject-matter before the Convention is the amendment offered by Mr. Wickersham, and the first question before the Convention is the amendment to that amendment offered by Mr. Donnelly. The Clerk will read. A delegate - Mr. President, I ask for a division on it.

The President - The Secretary will read the amendment offered by Mr. Donnelly.

Mr. Weed - Mr. President, I did not understand that that was an amendment to Mr. Wickersham's amendment. It is something to be put down at the end of the sentence. I suppose the vote should first be taken on Mr. Wickersham's amendment and then proceed to vote on this other proposition.

The President

amendment.

It was offered an an amendment to Mr. Wickersham's

Mr. Weed - I did not so understand it, sir. It is not a substitute. It comes down at the end of the sentence. Mr. Wickersham's amendment is at the first part of the sentence.

The President - The amendment by Mr. Donnelly was offered as an amendment to Mr. Wickersham's amendment.

Mr. Donnelly - Mr. President, it really is a separate matter. It accepts the striking out made by Mr. Wickersham's amendment and is a part of it in that sense.

The President - It is an amendment to Mr. Wickersham's amendment. The Secretary will read the amendment to Mr. Wickersham's amendment offered by Mr. Donnelly.

The Secretary - Page 29, line 6, strike out the words "such further jurisdiction". Strike out all of line 7, and strike out the word "have" in line 8 and insert the following in line 10 after the word "dollars":

"Such court shall have likewise the equity jurisdiction now possessed by county courts but such jurisdiction shall be exercised only within the respective counties of such cities by the judges elected within such county." The President - All in favor of the amendment will say Aye.

Mr. Frank - Division.

The President - What is the division asked for?
Mr. Frank - I ask for a rising vote.

!

The President - All in favor of the amendment will rise and remain standing until counted. The gentlemen will be seated. All opposed will rise. The amendment of Mr. Donnelly to Mr. Wickersham's amendment is adopted.

The question is upon recommitting to the Committe of the Whole, with instructions to amend in accordance with the manner in which Mr. Wickersham's amendment is amended by Mr. Donnelly's proposal, and to report forthwith. All in favor will say Aye, contrary No. The Ayes appear to have it, the Ayes have it, the motion is agreed to.

The next question is upon the amendment of Mr. J. G. Saxe. The Clerk

will read.

The Secretary - By Mr. J. G. Saxe: Page 29, line 10, strike out the word "five" and insert the word "three ".

The President - All in favor of the motion to recommit to the Committee of the Whole, with instructions to amend as indicated and report forthwith, will say Aye, contrary No. The Ayes appear to have it. The Ayes have it it, the Ayes have it, and the motion is agreed to.

The question now is upon the amendment offered by Mr. Dahm. The Secretary will read.

"

The Secretary - Page 12, to amend section 8, by adding after the word standing" in line 11 the following: Page 12, line 11, after the word "standing" add "who are not related to any of the justices of such department." (Laughter.)

(Interruption by gavel.)

The President - All in favor of the proposal to recommit with instructions to amend as indicated will

Mr. Dahm - I ask for a rising vote.

The President - will rise, remain standing until counted. The gentlemen will be seated. All those opposed will rise. The delegates may be seated.

The motion is lost.

The next question is upon the motion of Mr. Schurman which the Secretary will read.

The Secretary - Amend section 8, by striking out all

Mr. Dunmore

The President

Mr. President, I offer an amendment.

Nothing is in order but the reading of Mr. Schurman's

motion.

The Secretary - Amend section 8, by striking out all after the period in line 15, page 12, down to and including the period in line 7 on page 13, and by striking out also the words "and official referees" in line 8, page 13. The President - All in favor

Mr. Schurman - I ask for a division, a rising vote.

The President - All in favor of the motion of Mr. Schurman will rise and remain standing until counted. The gentlemen will be seated. All those opposed to Mr. Schurman's motion will rise. The gentlemen will be seated. The Secretary reports the vote in favor of the amendment to strike out, 85; opposed, 29; so the motion prevails. The bill is recommitted with instructions to strike out as indicated and report forthwith.

The next subject to come before the Convention - Mr. Dunmore. For what purpose do you rise?

Mr. Dunmore - I sit so far back I did not understand the time had gone by to offer amendments, and I have an amendment that the Judiciary Committee has consented to, and I ask unanimous consent that I may offer that.

« ПретходнаНастави »