New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-05

objects 70 the power gwen 70 the legislature 70
crease the inferior tribunals without l;IItatlon-and
objects TO The attempt OF The Committee 70 per
pe,uats as long as the new Constitution should ex
Isl. exclusive chsncery- jurisdiction which had
been created and continued By law and unless de-
creed otherwise III the new Constitution. could be
limited or DESTROYED BIZ it. Wished session OF
the Superior Court 20 De held II every county IN the
State.
NJ. sIvNoy: had assented to the Report Of the
siorit, and would 90 for in he could &c. nothing
better. He thought that public sentiment was OPP
posed TO The appointment Of the Supreme Court
Judges bv popular election. The erInGnt practice
Of oinr ballot Secret vote OF Senate and Assembly.
or even the present praece here. would satisfy
hirn-thouEhr yea-s tenure OF Judicial power
TOO shor-those most likely 10 MI the Office best
would be the least likely 70 accept Il r the term
trre long eaoag f then he rorf jtoy election By
the PeoDle He wss FOR the HtS1 pr7as system and
FOR the ira rors examinations .; Witnesses IL eGu!
= csses-thoucht the % Judges all on level over
the state was not the best pan-was AFRAID the
system would grow shallow in proportion 10 its
breadth he wanted en- enlargement OF the Judicial
forces and 10 localize and avoid Capitalization
Hitherto the Courts had been much centralized.
and causes counsel. and papers had 70 be trans
ported some hundreds OF miles III many cases. he
wished the Law and Equity Courts 10 be kept sep
arate the proposition Of the Committee 10 unite
them was in opposition 10 the opinions OF every
Judge he Iad READ OIL from DaCC!l uo' II w MINI 1.4
Story Il would leave equity in separate hands
instead of giving a. the Committee propose TO do
the country standing army OF Chanceilors with
the arbitrary powers OF the Court OF Chancery
vested in each OF them.
Mr. LOOMS concurreG III the main principles OF
the Majority Report but submitted sections Prov
ding an additional Court
When the Clerk began to read hoped il was Court
OF arbitration or Cancellation he had in view-but no
one named such thing.
Courts Of Lar-Proposfd SyStem-PrcstdeR
Judges. Sc.
JUDGE RrGGLEs whose statement do not place
IN the order in which il was delivered scknow
lodged that the dissatisfaction with tie present Ju
dietary Systematic delays in obtaining justice IN
the Courts OF Law and Equity-were among the
principal causes for inducing the Legislature TO
pass and the people to sanction, the bill FOR calling
this Convention The Courtoi Errors was believed
10 be too large-the Supreme Court and Court OF
Chancery were felt to be- too small-the Senate
was so connected with legislative business and
party politics as TO give some cause Of suspicion
the supreme COurt was loaded down with business :
1t met only at four places and caused people TO
travel great distance and wait TOO long before
getting hearing. The present system was based
on the population of 1920 which had since about
doubled as had the wealth. OF the 80 Judges o..
the Supreme Court II was intended that = would
be constantly employed hearing causes and four IN
y
four other judges Of Appeals to be elected by the
people who might be laymen, hut 1t was expected
that the four to sit with them would be professional
men awvcrs licensed to practice Law by lawyers.
after having been articed for series OF years to
practcinc lawyers. AT present there are 50
Judges in the Court OF Errors, in the Chancery
Court 10 in the Supreme Court 3, and Of County
Judges 29j He proposed to make % Supreme
Court Judges. and additional Judges OF the Ap-
peal Court at 50 900 year. each, or 100000 do
all the business now done BY the $40 he had desiS
mated and do 1t speedily as also that they should
take III open Court all the evidence IN Chancerv
for which about $4,000 are now paid. II the 30
should no, prove sufficient 10 do nil this the Com
mittee had provided that the Legislature might
appoint President Judges. with County Courts one
President Judge to preside III several OF them
The Committee had given the supreme Court
common law and equity jurisdiction, some ct
them thinking that tive distinction might IN time be
abolished and system adopted analogous 10 that
OF the civil law. As to Examiners III Chancery
the Examiner takes down all that either party re
quires and much of tina, IS useess-the Committee
provide that the Judge who tres the cause snail
take the testimony which will bring sun 70
conclusion rs soon rs if IL were carried on by the
rules ct a common law cour
The Committee had thought II better 10 compcn
safe the whole OF the Judges by salaries. and 10
abolish fees and perquistcs. II the charge should
be found burdensomc itmigbt be betrayed by lay
ing tax or duty on each cause a. some particular
stage but this they had not recommended.
Mr. RUGGIEs said that the Committee had had
considerable difficulty in agreeing 10 Report. ana
delivered clear statement OF great length OF
which the above is not even faint outline.
mfr Ruggless Report. and that of Mr.. oConor. pro-
vide that the shall be prohibited from practcins
law unless licensed by the Supreme Court for other
would be useless provide that they shall license
men TO practice No such provision be found in the
presen, any previous Constitution Several OF the
States admit all the citizens practice who choose TO
do so. The Committees Report, taken in connection
with the Revised STATUTES confines the state to choosing
al the Judges among the elder practitioners OF the
licensed LAWYERS have shortened these statements
much a. possible
This whole day has been occupied IN debating
abou, the Stare Officers. how they should be ap
the salaries and whether the salaries should be
fixed By the Convention or lett to the Legislature
TO argue about l will keep this open as late as
possible and if any thing else IS done than to de
bate | will mention it Mr.. Simmons. arguing
against any more elective officers stated that gen
tleman from Clinton had told him that there were
already so many persons on his town ticket for cleo
tion that he was sure he coudhave his horse elect
ed Supervisor Il he desired II | think II was DE-
Pitcairn horse thar got diploma as Doctor IN Me
dcine or Divinity from Scotch or Dutch Unlver-
sitv. but four-tooted Supervisor is undoubtedly
new thing. r.
p y 10 mi,.tts> past 6.-The Committee have
risen. and the Convention adjourned having done
almost nothing