New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-09-09
,EW.YoRS CONSTITUTIONAL cONTEsTloS.
FIFTEENTH wEEK-LXXXIIo DAY
The y-JusticeS-New-YoTk Elections
MISUNDERSTANDING Lawyers-Ksnt and
Hoffman on Judicial Representation

HUHlUdu VII Jut4S!u! PiDSVllt1Llyu
ALsAST Monday Sept IN 1916
To tie Edaor q Tn Tribune
SIR see 1t stated n tie newspapers that tte
people Of Iowa elected Convention 70 form Const.c
ton some months ago and that they completed ,neir
task in II days This s the I'D sitting and the lj,h
week Of our grsa; Convention and il Is not hal: through
yet-and our new Constitution already declares iaAt
every citizen in his Judicial D.stc; qualified By law
TO choose and vote FOR Judges Of the supreme Cour,
orthe whole State bu; not qualified 20 choose Aior
ney 20 collect 800 N County Court unless tha; AT
,orney shall be INST licensed by Gordon OF lawyers =
Would not the conceded wisdom which may enable
ma. 20 choose judges for the whole country oe equal
4 sufficient when he forth 70 choose Attorney
for himself, The Convention awyer-ridden say. No
4 variety OF amendments nave been offered 70 Is
day but all them were voted down and the section
passed
The weather j. uEconloraby hot-soretirnes to-day
hey could no: raise quorum and at other times about
20 10 rs yeted the other 50 to 10 being absent.
section i read today at noon
- Tle electors shall their
ura meeting and in such manner iGe Legislature
may direct, ei- Justice. OF The Peace. Their
.; oic- shah be four year, Their number and oasslca-
ton may be fr.-u at-I by !avv.
M HARRIS moved substitute follows
Is Justices Of the Peace in the several towns shall be
elected ~ the electors OF such towns al Their annual own
meej.ugs. Justices Of the Justices Courts IN any CITY
village winch Justices Court or may hereafter
be established b. Ia shall DC elected by the electors OF
such city or village ~ such time a. may be provided oy
The term OF Office OF such Justices shall be- four years
except when otherwise provided By Their number
and s.hcatUn may b. regulated law. Police Justices
IN cities and villages shall be appointed by the Common
Council the rd OF Trustees OF such cities or villages
Mr. CRooXER asked Mr. II. TO allow the question 20
be taken the original Section by Withdrawing his
proposition lie did so but
Mr. STRONG offered amendment, giving the jus
ices concurrent jurisdiction $3.50 and exclusive 70
$780, and providing that new TRIALS appeals should be
in au adjoining town
Messr. Chattield Rhoades. Dana ard s,e.son oppo-
sed hi. amendment, which voted alter beng
divided, and lost-i4 to 70 and - to 30.
Various other amendments We're voted down
section - was adupted-'j 10 q.
Mr WoEDEN has murcd amendment the follow
inc which Mr.. STRONG again moved
e. Justices Of lu- Peace may render Ud cmenl for any
rIeus the paytn- uf nOpry defence ! in
rt.rd aad mere such defence. +, iuierpu-,d IN lv case
where ne pasuuG hal claim 10 recover 800 The
Justice before whom pending. Shall adjourn the
not cuim >c0 tie Justice shall r-aln ris
dicun of tie and may render judgment thereon
No costs shall he allowed IN unv Court oi Record where the
recovery by default does $500 uud the
M eT,- r.i, in a.r.nt counties &C ual ex penses and
disbursements. with - costs, nuy De allowed where Tie
i, wa: lost after Mr. Strong had accepted an amend
Mr. Bascom striking out the last sentence. ayes
9 Noes -.
twas agreed in the afternoon that
justices Of IGstices' Courts Cities, Police JUS
shall be elected ~ I- OF such Cities al such
times aud Tor such term, Shall De prescribed by law.
tits hast wes proposed by Nr. Harris
Mr. Morris proposed that the officers for districts shall
be elected ny the electors OF their respective districts
and the officers OF the whole city by the electors OF the
city.
.lr Allen made his maiden speech to-nieh;-seems
ioie and hearty-much at his ease-and spoke plainly
briefly and much 10 the purpose
Hor zqaay 1DpeaIs shall acc hare
On SATURDAY. afternoon Mr.. SI-AcKHAMER proposed
an additional section TO The Constitution that there
should be- but one appeal from the decision OF law
Court unless the decision OF tina, Court should be re
vcrsed the first appeal IN which case ne did not OF
cct TO further appeals.
The question called forth debate upon a subject
very interesting 10 most of your readers. therefore
give brief sketch of IL
Mr. LOOMS rose to oppose the motion when
MIR BRowN advised him not TO argue tie matter IS
IT CoUI VOTED DOWN.
M LOoliis sat down.
NJ OCo>oR said that rs great cases had been begun
in the highest Courts there but appeal winch
not, could not be complained Of
How is this ii the commences IN the Circuit
Court is there appeal to the supreme Court and
thence 10 the Court Of Errors And viii here not be
MI appeal from the Circuit the District in banc. on
the plan and thence to the Court of Appeals .
What was chiefly complained of was that in cases OF
small umoun--oiten in cases oil parties in humble CIR
COMMUNICATIVE SUITES heard before the Justice-it l.
thence carried 10 tine County Courtrum that 10 the Su
prcme Courand thence HsJn 10 the Courts OF Fna! APP
pea-tlrcc appeals four hearings four trials SUIT
expense the public and the amount IN controversy
from To SiUU. Ii complained that the pro
posed system did lessen this expense number OF
nm, nls by which the higher Court had been blocked
mp and suits large amount left undecided He (Mr
OConor) did not think with Mr. Brown tina; this pro
position GU ht TO be voted down without word OF ar
cunent Why should there be three appeals allowed,
nj the pleasure OF either party in OF cents 10
1904 Mr. O'Conor thought there might be cases of
CITY Courts where there would bc Two appeals. The
Nv m ALI 30
do the rich Tn. poor man would have an appeal
10 the single Judge County Court erected last evening
bv a majority OF two votes The rch may appeal
nj once the hshes; Court. He would probably vote
against the section proposed but surely the system was
iucongruous.
Mr RRowx had said he thought this amendment
NIGH, be VOTED down-hc nigh, have better said he
hoped The proposition was at war with last nights
acton.
Mr. Srrrsox and Mr. STRONG argued in favor OF but
one alucul Mr.. TAiLNiNDGE lustauccG where a
suit for cents 500 might involve many ihousend
cases turnpikes tolls sc This proves that the
Judges small ought 10 be equally wish with the
judges IN large
Mir CEooKrR showed that when YOU 90 into the
County Court YOU put OIL the trla from years end
years end I'LL you get your winesses-there may
be Ten appeals 10 the County Judge il you pease-the
fullest time will be Erantedbut IN justices Court the
trial must take place within 90 days so then we
to have 500 tried in Justices Courts where the
rules say thing then IN appeal 70 County Courts
where thew say another We have trial IN ~
dsvs before the Justice while the facts iresh
mems minds and then delay OF years in the County
Court, the prc,ext OF waiting FOR other witnesses by
which time the old ones mi.ht be in Ohio or Oregon
l. this the OF an Appellate County Cour,
Mr.. TAGGARr proposed substitute FOX NJ Swack-
haIucrs section Tor which my letter OF Saturday
night.
Mr HorrNAN was no, for checking the poor and
weak and feeble the remedy hey would get from one
man. And this morning Mondsy he said that NJ Tag
sAris SneaGmcn; piece VI lsglslsuon-stFlcty +
rule He did wish restrict the Legislature IN the
iuli. q Tl-,!ce.
Mr Hum aid ths; the greater part OF The people OF
the cily OF New perhaps poor men ana ne had
never vet seen poor who was an honest who
would no. rather suhr: the decision OF one trial or
one appeal ha have his delayed and made 10 pass
through five or SIX Courts whittier he could not follow
il.
Mr. Hunt read long. well written and popular
speech the publication of which al hope to see-5ri
his remedy was not 10 lessen these fire or SIX appeals
Oh no i, was merely TO say that if the higher Courts
confirmed the d-s decision The losing psFy should pay
costs Nj Swsckhamers plan LEI. hall dozen OF sP-
peas or it,y OF them as Mr.. simmons showed, II the
County Court should happen TO reverse the Justice
decree The real remedy Of an efficient appeal Court