New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-07
The Convcntion-Lnw Rcform-Appcals, &c.
DUANEsBuRGH, August 4, 1916

To .ie Editor Of The Tribune:
SIR Knowing that you take deep interest in
the proceedings of the Convention it occurred to
me that it might not be altogether unnterestins
YOU to be informed OF the public sentiment which
prevails in the interior of the State And can say
with perfect confidence that so far as the work has
progressed it meets with general appreciation,
pecieIy that which relates TO the abridgment of
Executive patronage and the disnicting the State
into Single Senate and Assembly Dstricts-but ii
nothing more is TO be expected il judicial reform
than is proposed by the Committee having that
matter in charge, than is proposed by either OF
the Minority Reports, l greatly fear their notes OF
appreciation will be changed. 1t would appear that
the subject OF a Court OF Appeals has been upper
most in the minds OF the Committee and that the
construction OF such Court object OF pri-
mary Importance with them.
Now have not understood the people in their
demand for law reform TO point to such tribunal
as very desirable thing, but that on the contrary
i. the lawyers would agree to it, they, the people,
would be more than willing to dispense with 1t al
together-they have had enough OF Courts OF Ap
peal to last them for all future time. The people.
in their demand for law reform, mean Court sim
ply constructed upon common sense principles, I'M
trammeed with mysteries. technicaties and forms.
which, under cur present ponderous common law
system nterpose obstacles TO, rather than clear
the way for Just and equitable understanding OF
the merits OF a cause. Invest our primary Courts
with ample equity Jurisdiction, and then with COM
for their guide, and there will be no
need OF the interrninablc and rulnousl Y expensive
appeal system under which the people have sui.
tered every species OF wrong and injustice for the
benefit only Of lawyers. Admitting that in
cases injustice may be done il primary Court, 1t
will bear no proportion with the wrongs that are
inflicted by the itgant spirits which more or less
iniest every community, and who, urged on by an
unprincipled lawyer, may drag an honest and
peaceabe man up to your Courts OF Appeal, and
By reason OF some petty norma!lty or technlcalIty
OF law, will procure the reversal OF an equitable
Judgment or verdict OF less than fifty dollars per
haps. thereby not only defeating him in obtaining
Just debt, but subjecting him TO the payment OF
costs which not untrequently involves him in utter
ruin. Does not such system, by It's delay. ex-
pense and injustice, amount as ettectua!ly 10 de-
NAL OF justice the tyrants will which per
emptorily refuses it
II Court of Appeal must be instituted for the
benefit OF the profession, let, Its jurisdiction be
/ confined to the weighty business transactions OF
the wealthy who are able 20 encounter its ex-
penses. but exempt TIE dealings Of the farmer the
mechanic, the country merchant and the laborer
/ from lis operation. They will be content TO abide
the Judgment Of primary Courts, with equity iurls
dction even though they may sometimes fail TO
mete ont exact justice repeat, let the primary
Courts 10 which the grear mass OF the people
resort for the attainment OF their rights, be Courts
OF las. resort and howeve ponderous, unwIeldy
and semi barbarous the machinery OF the higher
/ Courts may be. they viii be satisfied. Bot let it
be born IN mind by those Members OF the Conven-
ton that seek to perpetuate such system that
the people have their ATTENTION drawn intensely 10
this subject. and Ii their just expectations are not
realized at this time, they know the means OF
redress and that they under obligation 20
wait another quarter century for the Constitutional
means for simplifying their code Of laws and the
machinery necessary Tor their just administration.
One OF The MANY