New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-02-27
Law Reform
MEETING OF THE BAR OS THURSDAY.
Reported for The Tribune

ton at law and in equity, sssimsing its organization
jurisdiction and practice, might be- 10 those
the Supreme Court under the Constitution reported
draft OF law embracing sections In lieu of the orr
gins bill OF ll2 sections reported by Mr.. OConor.
Mr. O'CosoR, from the same Committee moved
To reject the first section OF the bill, as test vote
and addressed the meeting at great length in favor
the original plan rejected at the last meeting and seains
the general outline Of the counter plan reported il
pursuance Of Instructions He complained that all th,
speeches Of the former meeting In which his bill
jscted were made against the bill, and supported by
great stamping Of heels and clspping OF hands and tina
the Committee had yet debated the merits Of the
| plan which he new proposed 10 do at length that he
voted for the report presented, did every mem
Der of the Committee, but he believed the gentleman
who presented it the only who approved Of II
that the idea Of uniformity aimed at by the present bill
unstainable it confcted with the Constitution
that 20 of Art g. providing that the Legislature might
allow wrts OF directly to the Court OF Appeals
from any local Court Of any City of original civil uris
detion would be infrnged by the provision for such
wrs of error directly the Court proposed TO be
established OF original Jurisdiction both in civil and
criminal eases that ID of Art g. providing for the
Enlistment Of inferior local Courts in cities did not
thorzc the vesng of equity jurisdiction in such Courts
dction special might be conferred upon County
Judge. showed that general jurisdiction in equity
could not DO conferred local inferior Courts of Re.
cord in cities He also said that fees be collected
to provide salaries for Judges and il would be some
times inconvenent for the Clerk 10 collect them, and
hence the original bill had allowed the Judge receive
them though not for his lie still in favor
Of the original plan and hoped it would be adopted by
the meeting.
Mr. H p HASTINGS said that Mr. Jordan the
mover Of the resolution adopted at the last meet
ing absent much hs regret for he had hoped he
would have been present 20 advocate the principle
braced in the Resolution he Mr H. had not had time
prepare himself debate the matter against heleaned
Committee Of thirteen lie sympsthized with the gen.
temsn last up and the Committee that thirteen such
able lawyers should have been unable to defend them
selves at the last meeting not only against that terrible
stamping of heels but what worse an overwhem.
Ing majority of votes That after the decisive vote
against the bill of Mr. OConor il was hardly to have
been expected that he should have made this attack up
on principle detiorotey adopted and much iess,
that he should brought to bear nearly oil the quib
bles which took up much Of the time OF the Conven
ton There nothing ia the provisions cited st all in
consistent with the plan now before the meeting.
Court OF original civil Jurisdiction. raa he tess so
of another branch of jurisdiction did not take away it's
character as Court of original civil jurisdicton"-
Writs of Error therefore might be authorized all
from the Court proposed be established to the Court
of Appeals but he did not think they should be so
thorized in all cases. In some petty matters criminal
and civil II might be expedent TO provide hat the Writ
OF should lie only to the Supreme Court and stop
there that no Writ OF Error should be allowed at ALL
except good shown 10 Judge Of the Court
above He should move therefore to amend the by
udd Of wi
II every must be left to its unobstructed course as
matter of right 10 the Court Of last resort what good
would do TO send II through the Supreme Court and
make two Wrts of Error in place Of one. especially
when this the proposed Court 10 be equal
TO the Supreme Court in everything but its name
The objection that vesting law and equity jursdc
ton in the tribunal is against the Constitution,
seemed rather strange the union OF the two ursdc-
tons expressly rr0rtded for IA all the Courts esfdb
shed BY The Constitution useg. The power to create To-
cal inferior Courts In Cities was general and unresncted
Ii would have been easy to have added, OF common
law jurisdiction II intended But il IL said the limit
alton of the power TO confer equity Jurisdiction on
County judges % special cases showed that general
equitable Jurisdiction could be conferred inferior
Courts TO be established by the same mode of reason.
ing If the Constitution had provided that Jurisdiction at
common law in special cases might be conferred on
County Clerks IL would have prohibited the Legislature
from comforting any general common tan Jurisdiction on
the inferior Courts There was one provision, he con
fessed that this plan of Court with uniformity OF
practice and proceedings with the Supreme Court
seemed TO conflict with-snd that was, the provision
that the local interior Courts in Cities should have
form organization, ezoepf IA Nc York and Bgalo IN
fAsse a. aisd Cues seemed that uniformity ERooRsfl
flti0naii
MIR H. believed this answered al the learned gentle
mans Constitutional difficulties butt not II there might
be slight objection TO some OF the details OF the
bill now proposed could be corrected by the Legis
lsture the bill not, like the one reported by Mr.
OC long that they could not read during this
sion He approved OF the general features Of the bill
but should propose several amendments
l. shoad be amended By fixing the salaries OF the
deputies OF the County Clerk at say $500. Otherwise
the Common Council could maneuver to vote salaries
10 pay parsans circumstances should require up to
81 800 or $1,000 per year each.
? The salary of Judges, $500 is too large; $500
should be struck of With elective Judiciary il
would do place too high price upon the office OF
Judge encourage political spectators TO bargain
for II with the surplus salary beyond the actual value OF
the Office 5000 will command the services Of men OF
some property and some professional character and
who are willing the public, without speculation
and II the other $500 be added 1t will be expended in
elecuoneering and drive decent candidates from the
field Look at our County Clerks enormous fees and
great income ensblng any candidate to expend 5000
on single election We do not want Judges playing
the same game, even on smaller scale.
g. should provide fixed salary say & 600 for the
County Clerk and prohibit him from taking fees
Z. The idea of voting for Elk and eectng nine Judges
in the inspectors OF election are elected
to give majority to one party and certainty OF
minority to the other the bench should not be
tanned There would always Re party division the
bench and the majority you'd decide There should be
no party in the matter.
The terms OF Office prescribed by the bill c ycsrs
should be reduced TO o. There why the
term of Office OF our local Courts which had yet
been but FIVE years should be extended beyond this, OF
the Judges OF the Supreme Court Six years was long
enough TO keep bad Judge. and good one could |
always be reelected. The term OF the supreme Court
judges was too long. and ifhe Constitutional provision
Were now TO be reconsdered four years would be sub
situted for sight There danger from the popular
election or short term OF Judges provided no salary 5e
given to be expended in eectoneering The new Con-
stitution will work well We already have seen one |
good effect from 1.-THE Judges have al learned 10 treat
people civiy--which not universally the case be-
Tore To say that Judges will be corrupt to secure 4
popular support is assert that bad conduct VIII Sc
,ure better reputation than gcca-which is directly |
contrary 10 al experience.
As the Judges collecting fees or the Clerks IN their
stead IN proportion The sero<s IN each sE NJ H. sdd
asar could be tolerated II fees were In proportion to
services great many unnecessary services would DC
eQured Taxes ON suits should be collected IN not
more than two items one the commencement OF
uit and another on dockeng Judgment and shou ID be
like In all cases II would then be easy TO see and
snow whether any extortion were prscuced-out not
% when one shilling shillings four shilngs and
dollar might be exacted at every step IN the suit
The first bill reported by the Committee required al