The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-08
NEW YORK, TUESDAY MORNING. FEBRUARY 8. 1912.

RNING, FEBRUARY 8,
Koor0aniIsfion q the Court q ssssioas
liz AssEMsLY, JAZZ rs, 1872.
REpoRr or rHe COMMITTEE ON THE JUDICIARY, o.
THE MEMORIAL AMP BILL REsrDc INC CsnnH =.
CouRrs OF TIE CRY AND CsUErr OF Nrv
Nj O'SvLL,vAS, from the committee on the judi
ciary, TO which was referred a memorial from tn
Mayor, Aldermen, and commentary OF '9e cry =
New York; for the repeal Of the law passed May IA
640 for the new organization Of the CRIMINAL court
Ofthe city Of New York; and also bill TO carry Int
effect the said repeal, Reports:
The memorial thus referred to the eonsldefatoi
OF this committee sets forth That the law whose re
peal IL prayed for, has not produced that effect
advancing the public interests which it is TO be pre-
sumed must have been the design Of the Legislature
bywhich II was enacted: that the Court OF Genera
SeeGons, at present constituted has neither beer
the msans Of despaichng the public business nor o
maintaining the public peace, TO any greater extent
than under It's older and better organizations: tina
uuder its former organization great beneh was DE.
nved TO the public from assocaung the alderman Of
the city ia the administration Of criminal Justice
by ensuring public confidence in the Judgments o.
the COURT by furnishing essential aid in the proper
apponioning Of punishment; and by carrying into
effect the designo Of the charter Of the city, so ~ to
make the great end Of criminal jurisprudence com.
mensurate wish an enlightened public sentiment
and that the law above referred 10 was passed con-
rary to great majority OF the people OF the city,
notwithstanding the circumstances OF their a.
tatives in the city and state governments, ahdwlth
ont the requisite constitutional vote. .sot
80 strong HIS been the repugnauce OF the people
city To this law, represented In their num-
cpa councils that ever since It's passage the latter
have refused TO recognise its constitutionaty have
refused to make appropriations for the salaries OF
the additional Judges appointed In pursuance with
lis provisions; and have been engaged IN angry and
protracted litigation with these officers, IN relation
L. r 81 H.
spectacle has been ever since exhibited Of double
Get OF judges in occupation OF the same bench, each
denying the constitutional or legal authority OF the
other the places which both have been upyelding
arising in which the most unseemy collisions Of
thority have been with difficulty avoided, only by
mutual exercise Of forbearance and good temper, on
the nexhaustble continuance Of which il would not
perhaps, be wise ala ays 10 rely. 9of.f.ff \
This committee consider il unnecessary to pause,
in view fthe cogent of expediency adduced
against the continuance of the law complained of,
to dwell upon the question of it's constitutionaity
1t has been strongly and urgently challenged on that
ground as a violation Of the chartered rights and
franchises of the city, Of ancient date, Of repeated
continuation, and Of very recent ratification. both BY
the Legislature and by the approved Of the people
themselves Interested, IN convention assembled.
The law was enacted without that majority of two.
thirds which the Constitution Of this State expressly
declares requisite to every bill for "creatng, cont
nuue, altering renewing any body polite or cor
poraie. That it did involve very material alera-
ton Of the charter, with reference well to the bur-
thens OF the municipal expenses as to the riaatof
the people and the privileges Of their elective au-
thorities, cannot be seriously questoned BY vote
Of this house (0 to l at the session ensuing to that
at which The law referred TO was passed, the neces
sity Of two thirds vote to bills of this character
was expressly asserted. after an extended dscussion
Of the whole question. And although an sdjudics-
ton he's been made BY the supreme court favorable
to the ccnstitntionely ct the Law; yet it was made
10 the opinion delivered by one Of the two members
OF that tribunal, composing the decided majority,
which seem 10 involve, notwithstanding iS nice
technical distinctions, virtual surrender Of the main
Correction Of Errors. 10 which an appeal from the
judgment Of the Supreme Court has already been
taken s NOT proper subject for speculation BY this
committee. tH
savy go further into soper6uous consideration Of
this point Of view in which the obnoxisus law in
preston 10 presessed by the memosiai ysssvved 10
tnem.. They have thought it proper 10 be thus al
laded to, only for the sake Of not letting the occs
sion pass without asserting the important principle
Of legislative independence Of Judicial construction
on constitutional questions. Even if the judgment
OF the Supreme Court had been mere decisive in "a
vor Of the eoestitosicnslty Of the law Than. when
thelets, be net only the right, but the imperative
duty Of the Legislature IN epea il Immediately,
their independent and parsmount judgment on that
point should be adverse to the law, though they
the members Of the Judiciary in the State. They
proceed briefly to state two other leading grounds
on which, in their opinion, the prayer Of the memo
riaists in the present instance, without reference 70
the constitutional question, ought to be granted ss
movsl Of an oppressive grievance. .-s.
In the first place, the operation OF the law Ii to re-
move from the bench OF the Court OF General See
sions for the city and county Of New York the two
- 1911 - ,f sh~ it, -
clared constituent members thereof substituting for
them two ealaried Judges with five years term Of
office, and chosen and appointed not BY the people
themselves locally Interested but by the extraneous
To this feature in their charter the people Of the
city have proved themselves particularly attached
for not only did general satisfaction pre- vail rrspect
Jag the constitution Of that tribunal but not farther
back than the year 1879 when q CITY convention
was held for the revival and amendment of the
charter, which body full and thorough discussions
were had upon most Of the leading principles in
volved in 1t. proposition was expressly made TO
deprive the aldermen oil this function. and to vest II
in professional judges, and expressly rejected Nor
was it without well founded reason that this prnci-
pie seems to have been thus carefully cherished by
the people Of the city, in the organzaio ion Of their
pFincioel local criminal court, by placing upon its
bench in association with preceding legal Judge,
major'ty Of persons drawn from the ranks Of com
moa life, respon sble TO the people, by election Tor
their exercise oil its p0wers and duties A consader-
abe part vi the mass OF the community come, IN one
mode or another, within the reach OF the acion OF
such court, either as witnesses, accused prose-
cutors or as connected through the various relations
OF lie with those thus more directly interested its
business, -independenu OF the interest Pervading
the whole in the proper administrator oil It's powers,
for the general maintenance Of the good order and
good morals OF the community. IL ~ IN the highest
degree desirable that such = tribunal should pos
sess not only the confidence but the attachment Of
the people; nor Is the committee aware OF any mode
ia which that object could be better attained than
by taking its incumbents thus from time to time
from the body ofthe people themselves. and making
them responsible to vigiIant public opinion, by
frequent subjection to the approval or condemna-
llon OF the test Of popular election. Simple as the
principles of criminal law are, there is neither me-
cessi,y proprIety in placing on such bench any
greater amount OF professional familiarity with us
practice than is abundanty secured Ia the person
Of Its presiding judge. Long continued occupation
of seat upon criminal tribunal has been too often
known TO produce petrifying effect the charac-
ter OF the incumbent with marsh slernness OF feel