Proceedings and Debates of the Constitutional Convention of the State of New York, Held in 1867 and 1868, in the City of Albany, Vol. 4: From Page 2401 to 3200, With Index
Excerpt from Proceedings and Debates of the Constitutional Convention of the State of New York, Held in 1867 and 1868, in the City of Albany
Mr. Oomstock  I move to strike out the words shall be ineligible to a second term, and insert in place thereof and shall not be elected for a second term. It may be that the two ex pressions mean the same thing; yet I think it will be found convenient in practice to make the change. By a subsequent section in the report of the committee it is provided that the Governor and Senate may fill temporary vacancies in that court until the elections come round when they can be filled by the people. The question Will arise probably at no distant day whether one of these retired judges who has served out his elect ed term can be appointed by the Governor and Senate to fill one of those occurring vacancies, and to avoid ambiguity of expression I propose the language shall be and shall not be elected for a second term. These old retired judges will be very useful material for the Governor and Senate to use in the filling of occasional vacancies. The question was put on the amendment of Mr. Comstock. And it was declared on tried.