On such day the justices of the appellate divisions of an appointment is not made at such a meeting, it may be made at a special meeting of the convention, held as prescribed in the next section. The supreme court reporter may be removed at such a special meeting.] § 4. Section two hundred and forty-seven of the code of civil procedure is hereby amended to read as follows: and served personally or through the post-office, upon each of the justices of the appellate divisions of the supreme court at least two weeks before the time appointed therefor. If the object of the meeting is to consider the question of the removal of the supreme court reporter the notice must be accompanied with a copy of the grounds alleged for the removal; and both must be served upon the supreme court reporter, personally, or by leaving them at his last place of residence, with some person of suitable age and discretion, at least ten days before the time appointed for the meeting.] § 247. Salary and expenses.-— The supreme court reporter shall be paid by the state an annual salary of five thousand dollars, and shall receive such allowance for assistance, clerk hire and office expenses as may be needed, not exceeding five thousand dol§ 245. Term of office of present reporter termi- lars per annum, to be paid by the state treasurer on nated. The term of the supreme court reporter in the certificate of the reporter and the warrant of the office when this act takes effect shall terminate on comptroller. Such salary and expenses shall be paythe first day of July, nineteen hundred and two, and able monthly. [Special meeting for appointment or his powers and duties as such reporter shall cease removal.- A special meeting of the convention, for except that he shall be entitled to complete the pub- the appointment or removal of a supreme court lication of a volume of the appellate division reports, reporter, must be held at the capitol in the city of unfinished on such date in accordance with the law Albany; but it may be adjourned to any other place. in force on the thirtieth day of June, nineteen hun-It may be called by a presiding justice by written dred and two. He shall, on request, deliver to the or printed notice stating the object of the meeting, supreme court reporter appointed pursuant to this act copies of all opinions in his possession or under his control unpublished at the time this act takes effect or which are not to be included in an unfinished volume to be completed under his supervision as herein provided; but he shall be entitled to receive the amount paid by him therefor, which amount shall be paid by the supreme court reporter appointed pursuant to this act and shall be deemed a part of his office expenses. [Term of office; how appointed and removed.— The term of office of the supreme court reporter is five years from the time of his appointment, and until his successor is appointed and qualifies. He must be appointed and may be removed for cause, by the justices of the appellate divisions of the supreme court, or a majority of § 248. Removals; vacancies.- A supreme court such of them as attend at a convention, held as pre-reporter may be removed for cause, or a vacancy scribed in the next two sections. An appointment in the office occurring otherwise than by expiration or removal must be in writing; it must be signed by of term, may be filled by the justices of the appellate the justices making it, and filed in the office of the divisions of the supreme court or a majority of such secretary of state, otherwise it is of no effect.] of them as attend a special meeting called for such purpose. Such meeting shall be held in the capitol in the city of Albany, but may be adjourned to any other place within the state. It may be called by a presiding justice by written or printed notice stating the time and object of the meeting and served personally or by mail on each of the justices of the appellate divisions at least two weeks before the time specified in the notice. If the object of the meeting is to consider the question of the removal of the supreme court reporter, the notice must be accompanied by a copy of the grounds alleged for the removal, and both must be served on the supreme court reporter personally or by leaving them at his last place of residence with some person of suitable age and discretion, at least ten days before the time appointed for the meeting. If a supreme court reporter is removed as herein provided, a majority of § 3. Section two hundred and forty-six of the code of civil procedure is hereby amended to read as follows: $246. Appointment or removal to be in writing. An appointment or removal of a supreme court reporter must be in writing, signed by the justices making it, and filed in the office of the secretary of state; otherwise it is of no effect. [Meeting for appointment. The justices of the appellate divisions of the supreme court must meet in convention at the capitol in the city of Albany, at noon of the day when the term of office of the supreme court reporter expires, for the purpose of appointing a supreme court reporter in his place. If that day is a Sunday or a public holiday, the convention must be held at the same time and place, on the first day thereafter not being Sunday or a public holiday. If § 5. Section two hundred and forty-eight of the code of civil procedure is hereby amended to read as follows: the decision in a particular cause, which the court, at a term of the appellate division, specially directs him to report. He must prepare for each volume and cause to be published therewith, the usual digest, head notes, table of contents, and index. [Price of the volumes of the reports. The supreme court reporter must cause the reports, published as prescribed in the last section, to be kept constantly for sale to persons within the state, at a price not exceeding two dollars for a bound volume of not less than seven hundred pages. He may also cause advance sheets to be published at not to exceed fifty cents a volume. He must cause a copy of each volume of the reports as soon as printed to be delivered to each judge of the court of appeals, and each justice of the supreme court and to each county judge during his term of office.] the justices of the appellate divisions present at such at the terms of the appellate divisions of the suspecial meeting may appoint his successor. A supreme court as he deems it for the public interest preme court reporter appointed to fill a vacancy oc- to have reported. He must also report and publish curring otherwise than by expiration of term shall hold office for the balance of the unexpired term of his predecessor. [Papers and opinions to be furnished to the reporter.- In each cause heard by the appellate division of the supreme court, the attorney or counsel for each party must deliver to the clerk of said appellate division, for the use of the supreme court reporter, a duplicate of each paper furnished by him for the use of the court. The clerk must collect such papers from the counsel; and immediately after the adjournment of the term, he must transmit them, and certified copies of all the decisions, made at that term, to the supreme court reporter, at the latter's expense. Each judge who renders a written opinion in a cause decided by the appellate division, must transmit it, or a certified copy thereof, to the supreme court reporter, who must pay the expense of transmission, and also, where a copy is transmitted, the expense of copying, not exceeding eight cents for each folio.] § 6. Section two hundred and forty-nine of the code of civil procedure is hereby amended to read as follows: § 249. Papers and opinions to be furnished to the reporter.- In each cause heard by the appellate division of the supreme court, the attorney or counsel for each party must deliver to the clerk of said appellate division for the use of the supreme court reporter a duplicate of each paper furnished by him for the use of the court. The clerk must collect such papers from the counsel; and immediately after the adjournment of the term, he must transmit them, and certified copies of all the decisions, made at that term, to the supreme court reporter, at the latter's expense. Each judge who renders a written opinion in a cause decided by the appellate division, must transmit it, or a certified copy thereof, to the supreme court reporter, who must pay the expense of transmission, and also where a copy is transmitted, the expense of copying, not exceeding eight cents for each folio. The expenses incurred under this section shall be deemed a part of the office expenses of the supreme court reporter. [Duty of reporter; no salary to be paid to him.- The supreme court reporter is not entitled to a salary. He must report and publish such of the decisions at the terms of the appellate division or special terms of the court as he deems it for the public interest to have reported. He must also report and publish the decision in a particular case, which the court, at a term of the appellate division or special term, specially directs him to report. He must prepare for each volume and cause to be published therewith, the usual digest, head notes, table of contents and index.] § 7. Section two hundred and fifty of the code of civil procedure is hereby amended to read as follows: § 250. Duty of reporter.- The supreme court reporter must report and publish such of the decisions § 8. The code of civil procedure is hereby amended by adding thereto four new sections, to be sections two hundred and fifty-a, two hundred and fifty-b, two hundred and fifty-c and two hundred and fifty-d thereof, respectively, and to read as follows: The $250-a. Prposals for publication contract. supreme court reporter shall not have any pecuniary interest in the reports; but a contract for the publication thereof, under his supervision, must, from time to time, be made, in behalf of the people, by the supreme court reporter, subject to the approval of at least two of the presiding justices of the appellate divisions of the supreme court. Before entering into a contract, the supreme court reporter must advertise for, receive and consider proposals for the publication of the reports, and a contract for the printing and publication of such reports shall be let to the person whose bid is deemed most advantageous to the state and which complies with the provisions of this act. Such proposals may provide that the work under such contract shall be performed within the state, but shall not limit or restrict the performance to any particular city or locality. $ 250-b. Provisions of contract. The contract for the publication of such reports shall provide: 1. That it shall be for the term of five years; 2. That the style and execution of the work and the paper and binding shall be equal to that heretofore furnished; 3. That the reports shall be printed and published in bound volumes of not less than seven hundred nor more than eight hundred pages, and be kept constantly for sale by the contractor to persons within the state, at a price not exceeding two dollars per volume; 4. That the contractor will cause to be issued to regular subscribers for the bound volumes weekly unbound parts of such reports, at not to exceed fifty cents a volume in addition to the amount charged for the bound volumes; 5. That the contractor will pay into the treasury of the state upon the publication of each bound vol- his peril, since he knows at the time of making the ume, not less than fifteen hundred dollars; contract that the reporter may, at any time, lose his office by removal, and that in such event the reporter would be unable to fulfill his personal contract. 6. That a copy of each volume of the reports as soon as printed and bound will be delivered to each judge of the court of appeals, justice of the supreme "If the law were otherwise, the Constitution would court and county judge, during his term of office. be permitted to work a hardship upon the people by Such contract shall also contain the proper pro- depriving the State of thousands of dollars income visions for its enforcement, and may specify the through the operation scheme of my bill, at a time amount of liquidated damages to be paid in case of when the people are threatened with various kinds of the violation of its terms in any respect. The con- taxation for the maintenance of the credit of the tractor shall file in the office of the state comptroller State at home and abroad. I cannot see any objeca bond for the proper execution of his contract, in tion to the bill, because it is of a retrenchment nasuch sum and with such sureties as the supreme ture in its character. The opposition to it can come court reporter and state comptroller shall approve. only from those interested in publishing contracts. § 250-c. Annulment of contract; new contract.- Last year I introduced a bill which failed to pass beIf the supreme court reporter and at least three of cause of opposition; but the terms of the present bill the presiding justices of the appellate divisions of the must satisfy every thinking citizen of the State, it supreme court unite in determining that a contract seems to me, for, in the event of its passage, the has not been faithfully performed by the person so State will derive an income of about $20,000 annually, agreeing to publish the reports, they may, by an in- | which has heretofore been enjoyed by private indistrument under their hands, filed in the office of the viduals. I would call the attention of all attorneys state comptroller, annul the same from a time speci- to the liberal provisions of the bili and to its salient fied in the instrument; and thereupon they may, in features; the action of the Bar Association in the the manner provided by this act, enter into a new matter will be of great assistance." contract for the publication of such reports, for a term of five years from the time so specified. § 250-d. Copyright-No person shall obtain a copyright for the opinions contained in the appellate division reports herein provided for, but the copyright of the statement of facts, of the head notes, and of all other notes or references prepared by the supreme court reporter must be taken by and shall be vested in the people of the state of New York. § 9. Section one of this act shall take effect on the first day of June, nineteen hundred and two, and remainder of the act on the first day of July, nineteen hundred and two. Mr. Blackwell says of the bill: "There can be no question as to the power of the legislature to remove the Supreme Court reporter at pleasure, since the term of his office is fixed by legislative enactment only. The State Constitution contains no provision with reference to the term of office of the reporter, wisely leaving that matter to the legislature; therefore, any contractor who agrees to publish the reports for the Supreme Court reporter makes a contract which is purely personal in character, between himself and the reporter, and the State is not a party to it. Should my bill providing for the removal of the reporter and the letting of the contract for the publication of the reports to the contractor whose bid best conserves the welfare of the State, become a law, the State could not be involved in litigation, since the contractor making the contract with the reporter could not attack the constitutionality of the new law on the ground that it impaired the obligation of a contract within the meaning of the State or federal Constitutions, contracts of this character being without the protection of this beneficent statute. Expense incurred by a contractor because of such contract is incurred at At a hearing February fifth, before the Assembly Committee on Codes, on Assembly Bill No. 441, introduced by Mr. Waldo R. Blackwell, of Kings, the following argument in favor of the bill was made by Mr. George Hepburn Russell, Commissioner of Accounts of the city of New York: Mr. Chairman and Gentlemen of the Committee: In appearing in support of this bill, I appear not only as a lawyer believing the bill to be one in the interest of economy and the best possible publication of the State reports, but also in the interest of what I believe to be the true grounds of opposition to the method that has heretofore prevailed in this State of publishing the reports of the Supreme Court. This bill, in a nutshell, is in line with that principle of economy which seems to be one of the controlling forces behind the present administration of the State government. In the Senate chamber we have just listened to the reasons for voting upon the State Lunacy Bill, and Senator after Senator, in voting for that bill, has stated that his sole reason for voting to displace the existing conditions was to substitute a more economical administration of the State's business. If that rule is to be applied, sir, to the administration of the great department of the insane people of the State, ought you not more rigidly and carefully apply it when it simply goes to the question of the publication of the reports of the Supreme Court of the State? This bill, in substance, amounts to this, sir, that in place of allowing the reporter of the Supreme Court to make an indefinite sum of money out of these reports, certainly not less than $22,000 a year, under the existing system, that it will pay to the reporter a fixed compensation for his services, practically equivalent to the salaries that are paid by the United States to its circuit judges and by the State of New York to its Supreme Court judges outside of the jurisdiction of the city of New York. The proposition of the bill is to do away with the existing law that allows the Supreme Court Reporter the practical copyright of these reports, and out of that copyright to make a sum of money which, since 1874, has amounted in exact figures, to $314,470.23. I have here a detailed statement showing year by year the number of volumes that have been printed and copyrighted by the Supreme Court Reporter, and the amounts he has received equal the aggregate I have stated. For the last five years the number of Appellate Division reports issued has been about eleven volumes per annum; that number is steadily growing and there is every reason to believe that it will soon be from twelve to fourteen. Under the existing arrangement, the reporter receives not less than $2,000 a volume and the State gets nothing. Out of these reports, he will certainly make, during the next year, from $22,000 to $24,000, and for services that any young lawyer of fair capacity and adaptation to the work is capable of performing. The bill proposes to substitute for this system of somewhat reckless expenditure of the public money, payment to the reporter of a salary of $5,000 per annum, a very fair salary for services of that character which I have endeavored to state fairly to the committee. The bill proposes to give the reporter an allow ance of not exceeding $5,000 a year for assistants whom he may find it necessary to employ in the preparation and publication of these reports. In my opinion, not more than $2,500 will be necessary for that purpose, leaving the reporter as compensation for his services an amount certainly not less than $7,500 a year. Is not that enough? A Member of the Committee - What salary does the Supreme Court Reporter of the United States receive? Can the gentleman inform us? Mr. Russell I do not know. published, that the State itself shall own the copyright in the statement of facts and the head-notes of the reports, so that in future time whatever revenue is derived from that source will come to the State, instead of going to the reporter; also, it provides that the contractor shall pay into the treasury of the State, upon the publication of each bound volume, an amount not less than $1,500. In other words, instead of paying the reporter a very large compensation, out of which the State gets nothing, the State ought to realize not less than $1,500 a volume, and the reporter given adequate compensation for his work. The contract is not to be limited to the $1,500, but this bill provides that it shall be let to the highest responsible bidder, and my judgment is that there will be plenty of publishers who will be willing to go far in excess of the minimum of $1,500 in their willingness to pay for the privilege of publishing these reports. We have no way of ascertaining the exact facts, unless you see fit to inquire into the details of the existing contracts between the publisher and the reporter. It is simply a mere matter of private right and personal perquisites between the reporter and the publisher who is doing the work. It is the belief of a great many people that at least $2,500 per volume is being paid to the reporter for that work instead of the minimum of $2,000. It seems to me, if the committee please, that it is just along the lines of this bill that prac tical, economical measures can be carried through without injury to anybody. Mr. Bennett Was there not some constitutional question raised last year when this bill was under consideration? Mr. Russell I do not remember whether it was raised or not. The bill had not been particularly called to my attention at that time. I understood, however, that it was favored by those very high in authority, and I was somewhat surprised that it was beaten. I may say that I see no constitutional question except such as might have reference to interference with vested rights under existing contracts. The only reply to that is to say that all contracts between the reporter and the publisher for the publication of these reports, so far as we know anything about them, contain an express clause that in the event of any change in legislation regulating the publication of these reports, that all liability of the reporter to the publisher shall cease and all the publisher's rights under the contract terminate. If that is the question, I have no doubt that by calling for copies of the contract you will find that it has no legal validity. Of course, if there was a contract beyond the reach of legislation, the legislation could only take effect upon the termination of that contract. It seems to me it is not necessary to add anything farther except to say that I believe the people of the State would give their approval to a measure looking to the prompt, economical publication of the State Reports through a regularly salaried reporter. There is no reason why this particular line of work should be parceled out and made the personal perquisite of any man or any publisher. It ought to be a matter for the courts to determine, in the first instance, the appointing power, the judges of the Appellate Division, who shall be the reporter, at a salary. If that salary is adequate for any particular man, it will be adequate for many more equally competent, and so far as the lawyers of the State are concerned I believe it goes without question that the saving to the State will be very large, the publication of the reports improved by the competition of the public for the work, and the standard of the reports themselves elevated by practically making it open to the younger lawyers of the State, for I believe there are hundreds of them fully qualified to do the work. It is well known that the present reporter is not in any particular need of this position; it is well known that the compensation for his work is entirely too great, and it is only through legislation of the character proposed by this bill that any remedy can be had. By a Member of the Committee: Question. Is it your opinion, Mr. Russell, that the lawyers will get their reports any cheaper? Mr. Russell I hope so, because I believe that as a result of competition for this work you will find that there will be made a reduction of price by the publisher, in addition to the $1,500. Question. What, in your opinion, would be the minimum saving to the State under this proposed bill? Mr. Russell-I should think the annual saving ought to be $8,000, and it might amount to a larger sum. During the coming year the number of reports issued will probably reach from twelve to fourteen. The only limit is the capacity of the judges of the Supreme Court for writing opinions. Mr. Blackwell — The intimation has been made that Mr. Hun is the only gentleman who is competent to act in the capacity of reporter. What have you to say to that? Mr. Russell I do not desire or intend to indulge in personalities. I can only say that it would be a most unfortunate condition of affairs if out of the large number of lawyers in the State of New York, there was but one competent to report the decisions of the Supreme Court of the State. As to the manner of their reporting, indexing, etc., I may say that they are not for a moment to be compared with the reports of some other States in like cases, notably the Supreme Court of Massachusetts. The work may or may not be done by the distinguished gentleman who is the present reporter, though it is commonly believed among the members of the profession that the work is really done in large part by younger and less experienced men who are the assistants of the reporter. That would be the natural course of procedure in the publication of such reports. I have not the slightest doubt, without any reflection whatever upon Mr. Hun's competency, that there are hundreds of lawyers in the State who, for the compensation that this bill provides, would be delighted to give their days and nights for the purpose of building up a reputation similar to that so well earned by Judge Gray, of the United States Court, as reporter of Gray's Reports in the State of Massachusetts, or that our reports, in indexing, etc., would be greatly superior to the present series. The hearing was adjourned until Wednesday, the twelfth inst., when the opposition to the bill will be heard. THE REFORMED OCTOPUS. Once upon a time there lived in the waters adjoining the town of Manhattanville, an Octopus. It was a fat, sleek, well-nourished Octopus. It had little to do and plenty to get. Everything seemed to come its way. It sported in the waters of Public Patronage, basked in the sunshine of Success, and was happy all the long, long day, as only well-fed Octopuses know how to be. It had an army of faithful retainers who gave it implicit obedience, brought it food, the best in the land, and was content with the crumbs. It either swallowed or terrorized all the little fish. With such ample nourishment the Octopus ever waxed fatter and stronger; its arms extended farther and farther, until it fondly imagined itself the "Hull Thing." Its master, a big Whale, called Tammany, was ever kind and indulgent for it received a generous share of the Octopus' lobster-pots, according to the well-known plan of “You evil day for the Whale, a storm of Public Opinion tickle me and I'll tickle you." But, one day, one arose and drove out the big, kind Master, in fact laid him LOW. The new Master was not so indulgent. It did not believe in the lobster-pot plan. It thought the Octopus had been having a soft thing long enough and should now do a little hustling for itself. But the Octopus had become so fat and lazy that it couldn't or didn't propose to do so. It was threatstared it in the face. Finally, seeing the handwriting ened with loss of sustenance in fact, starvation on the wall and the hardness of the heart of its new Master, it began to hustle. "Help, or I perish!" it shouted. "A contract -a contract - me kingdom for a contract!" Then it called about it all the Small Fry, the Suckers and the Lobsters that had |