New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-07-06
Judicial Reform, state system.

We co.sI5s- ;A- following suggestions i he main ex-
ce.leat II
To ,ls Edl.or q n T-1a ::
lis very common impressions that the lawyers
are all hostile 10 The Reform Of our Judiciary Sys-
ten This impression, however, Is 10 E grea; exJeat
erroneous-at least as to member OF tie legal
profession ! know il 10 be 11:o2ndei refer to
myself for an Z a7yer, and nave long been q
favor OF fall snd thorough reform Of cur SJss JU-
dietary Like several other CORES oaden;s OF You're,
! nave though. OF e plan OF Reform .hch SHOULD
Ike 10 present ITO your readers and particularly to
that portion vi hem ~ho are members OF the Con-
venon for tie revision OF The Constitution. s. Il alay
afford some suggestions winch Ulay De useful and
a II will help 10 show The sentiment merely OF
tue mass OF the People. but also some particulars
that OF q verv large portion ot our professor.
In the FIRST place an IN favor OF aooishng the
Court OF Errors The Court OF Cuaucery "a seps
RATE court the Court O. Common Pleas aAd tue
Surro.al-'s Court; considering Ino-e courts as un-
necessary aud tending 10 cumpllcale the sy stem
and 10 multiply expenses and delays
would re.ain but tue Justices Court aus The cu-
preme Court, which latter should be whsI lis name
implies II 10 be the Supreme Court OF The Stale.
AS 10 The Office AID tue organization ot Tue gu
prrme Court would suggest US follows; Let II tie
invested with the Eqaity powers ot the Court oil
Chancerv the various Offices OF the latter, particular
those oil AissttT ana L Ot4uE t'SptuTtb
with lie, au officer be appointed In each county, 10
10 be called the County Judge "ho shall bold the powers
Of Justice vi the supreme Cour; IN Chtn5eTs Let In
also exercise the powers OF present surrogate aid
such OF the powers aud Ucs Master Ia Caucery II
MAJ b.. eces.ary - lie; al .u.t. above tie juf'-
dction OF the justice Of the Peace oe commenced and
pcatinss therein fled tciJro m. Let all Judgments be
entered M cioce him. The damages assessed hg hun
In cases Of default, IL be uine her q g oI
~ net Jet al 20 foE TIA! OK argument ~ The judges III
Circuit.
For mi. purpose c; there be elected or appointed twelve
or ce. or ay other number 10 supreme Court
judges LET such Judges IN committees NO. travel The
Circuits. Let tn, each county, gssccatns
with themselves the county Judge, aud et ;hr t! ana
determine al questions, both q! ar and ~ aei except per
haps In cases ,yacre jury may be demanded By the parcs
for good cause BY hi, VIII set nd OF the pre-
sent Jury system AL lis aosIdites Inte1d OF mex
per!euced aud Incapable Jurors ''e vi" =, vAPe!ece'
and capable Jucges 10 determine rights We save The
people the immense and useless Of time and money
nc imposed Upon attending the Courts as Jurors
We preserve uniformity OF The Judic'1y system both
In the Justices Court and The Supreme Court in both OF
which Justice the Judge will determine nc lct as
well as the ion e1capt IN special cases
From the decision Of The Circuit LEI there be one appeal
10 the supreme Court be composed OF s or msofiiy
OF the JUDGES. whose determination shall De fnsl
For The .;nss OF the supreme Cog'' would suggest
that the state divided INFO hunter OF districts,
fifteen twenty, AMI That the Judges Of the beating oil
appeals round and hold their Courts ;wce per year,
if necessary \! This VIII haze The effect OF
couuicfactnc the tendency 10 CAPITALIZATION, "hCh Is
principal evil OF the present stem, which throwing
very grca; portion OF The business widen slses ana prop
cfly belongs n the country into few OF cities. Our
higher Courts sitting, they now do. only IN Albany,
New-York, &c the country lawyers compelled to send
their arguments in those courts 10 counseurs
in ccs all h!s is at hc4vs additional expense 20
the client effect Of ihi. thar business central
ICES In a few hands, and that lawyers iockHs into
these cities draining the country OF rs ega learning and
ability But c, The Supreme Court, organized above
suggested, travel through the State and this EVIL will re
reedied, business will remain where arises and where
properly belongs every lawyer viii s able 70 carry his
causes through termination and not be uSdcT the
necessity sundg Others ~ heavy expense and
with the of losing them lnfrequeny
through The ana nattenton OF the counselor,
who perhaps business than lie lie well attend
TO- and cannot, senerdl rule be vel! acquAint
ed his the lawyer, who have commenced aud
prepared tEen IL unjust and oppressive that the Coun
Try should be compelled 10 send away It's business 70
these Giles Lot Judges rather pass through the
the State 70 accommodate the P-ops and their business
People be obliged 10 travel and wait upon he
convenience OF the Judges
Another good viii thus be produced by inducing
greater cuers, the Court. one principal OF the
delays in our higher courts appehen1. may be found IN
the fac, th-t JUDGES while holding
home boarding the luxurious accommodations O; the
CIV have mueh disposed take their lsbeEs
easily Hence courts holden bu len hours per
day business accumulaeS, the suits delayed and Tie
poor suite: compelled 10 wait Tor perhaps for JUS
ice The whole system 10 have been gotten up
pre.sy for The ana convenience Judges. and
should for The advantage and convenience Of
People But let It be otherwise, let judges cravei
"a
different piut in their proceedings; the business Will
Gspached the calendars quickly cleared. precisely is
done present Circuit Judges OF whom yoa seldom
never hear complaints FOR delay.
For the hearing special uumerated motions, et
Of Of the judges ST. constantly in
Convenient place, before whom motions may DC
iiced at all times Let the questions be submitted such
committee written BRET and argument, that each at
;orney up his papers and send them the
coGr; without the necessity OF employing counsel
This will keep the practice Uniform, ami be greatly more
convenient and less rSpensVe nau the present
The above, sir !, Dat rough Osine, which The space
allowable newspaper arcIc Will NOT permit me 10 I'll
up. IL would. obvious. vastly simplify the eNstlHs
sys;eni-aud NE, Judging from the Acquaintance
have with wuTAiie " lie courts 10 be well cacul
Dispatch cheapness. simplicity cefalAJ ana
correctness the administration OF the law much more
tIau any OF The complicated SLAMS which have
seen suggested WIKI The ADOPT ~ his plan. or
similar one and with such proper cocitc,on OF cur now
too vsEminous laws aud SUCH simprc4oa Of the plead
ins AID practice Oi The Is Desirable may hope
Tor :, stem lsga! which wi. be equally
favorable in is working s parts OF TIE state and which
will ,he .o!y and nLh character proper Its
tribunal, that ispach aud economy " expense which
iu.t . Yours. \ COUNTRY LAWYER
%ornernl aOuCes.
" A False Report hsving b-en put In circulation
BY Interested III. feet ;h-t h-v- -bsndoued