New-York daily tribune., 1849-01-27
DeIar. Of Js.,lcs Ia rh. City Of sew.Ysrk.

DetaFs OF JuFtfff n we Y ttF OF FeN"l ara
4 rneuber of the bar, convorssnt with the s1o-
iect bss furnished us tie ,o.owinT ststemer. as
% the amount Of Judicial business 10 his CRY,
and the e1t.-- iasdsq1scy of the present Judicial
force. We cal the particular attention o. the
public 70 th.s matter now. While it 8 before the
Legislature, n order that f-1 sB3 aas7gafs
remedy nay be provided. instssd Of some Pitif1L
sbortive ezPedis1t, saeh Is those heretofore re-
sorted r..
To ttc Eators u IT, Tri5aHs
T. ers5ie tie Duoic . j1ige T1at provision nay be
recesss-y c insure fhe prompt spafch c tne O. eyed
fr1 aCc-rg amount oi 'eEs business 10 our cry BAL
sh 70 avail myself o. your columns o Plt form ne
following brief statement n fac-s
Tns Cry with population n 500001 hss az pres
eut Judges for t1e dispatch n a. its Civil srd ps-t
o. is Criminal Business. 4ll1 - cne Judge % 81 ~
people o this great Commercial Metropolis where Of
the amount ri busi1efs q twice - crest a. IN
the rural districts Tne wisdom Of our Leffsfurs ass
generously determined thst al the contro~erfiss =
30 600 people shall BE- settled - one Judge 81 a. ex
pense Of - 90 per snnun This is iust ~ cents o
ezch in-ividual WHIST o chesy Judiciary A-1 Jet
when any Increase OF judges . Dr0pc'ed much 0li
CT "a raised about that of fls h-Vcan War 0f
though 4. ms Houses, Prisons and Dirty Streets were
the only legitimste causes ~ taxation
The present accumulation cf business "a altogether
overWhe.minF Ia the Supreme Court there are three
cs.sudars-Circuit Special Term and General Term.
The fra, has about co cases for ts tT Jury sE1 the
second shout ~ old ecafT caus.s . Ie hard ~ le
Judge the larger part upon proofs be- taken the
same manner on tral a. laF. Proofs have been
taken tho bearing In 5ut cre ~ these causes since
the New Constitution went into effect Tbs ca.endar
remsins untouched from term % term. While sutors
are suffering ruin by the delay and from present sp
pearsnces there is prospect Of single plants resi-
zing dollar 5y force Of sw 10 I'VE years, for every
has not only % be heard 81 the Special Term but
must also be reheard ~ the General erm before . can
20 - fre Court of Appeals TIE third res shout GO
csses for argument both sw and equity cases n most
a. which trials or hearings have already been ns-
There about six General Terms per year ~ no one
Of which Terms during asi year hs over 5O causes
been actusT heard and ~ one Term but four or i've
cases were heard The special motion and chamber
business OF this court sucent 70 Aeep two Jaoges
engaged ri. the tine.
Tae Superior Court nae trc caen3srs-ons Of issues
i1r irs " which there are about 410 and another Of
sses for argument Of which there sbout lJ0.
The Common Pleas hsstNo calendars one Of .ssues
Of fact for irs of which there shout 80 ana sno
iher cases for argument which has but few causes
Here. then. 400 causes q BE- disposed o zoo o
be heard - three Jg5ses I-,O 'y ore ana s3a. one
third Of them. 0JJ more. 0SoNa % beard ~ three
judges ~ The General Terms Here are 20 cases Tor
argument before three Judges or 800 % each Court
vdinz them equally. Tne General Terms together
will occupy nine of our ten Judges and allowing 30
court days In yesr and that each Court would hear
one cause day f~hicn Is mucn So they sversgel u
Won % take them al over Tesr and shai - 90 the
General Term business sl0pe Bat there are l-p
causes 10 at urea hNl hiNNlAt tu1A frNA HA~-"
trv vo cases day (Which Is than ever has 5een
averaged Il would take three Judges year and two
months clear OF The trials 10 the present causes
Three more Judges A. east necessary 90 keep up
with the motions and chamber business fifteen are
therefore necessary teks hold o the present 1us
ness Nlh any hope 0f finishing Il in yeaf and ahaii
n the mean time, what y % Je done with tue neN
cases
py examining the calendars il appears that the last
quarter o. s4- gave rise about 800 Issues o sct
n each of the three iria Courts equal % 2y cs1aes
in esch, or 600 causes in al the Courts PEI year.
Allowing that one fourth o these may De nqursn tnls
will remain zoo itgsted trials arising each year. u
each Judge tries two causes day or 500 per year'
(Which more than any Judge ncs rr0 d0ne) A. least
fge Judges necessary 90 Try these ue" causes A.
they arise and II onethrd OF those tried are carried
10 the General Terms there will be 200 csses tor arel
ment a. General Terms, or 900 % each Court enough
st least 10 occupy i've Judges s the time AZ srea1y
shown three other Judges viii be occupied with mo-
tous and chamber business. Consequently 10 would
thsf l3 Judges would 0e sufficient % keep mp ih
the rev business and thst Il extra Judges would te
necessary tnish the old business In year and anai
In u a. least necessary then 20 three Judges
o. be continued permanently and Commission Of
dozen Tor q year, longer ~ necessary u clear ol
the Calendars 10 Instead ul u extra 5Aos s-c AZ
be provided IL would take rom Two O. three years u
bring up the
As enough Of extra Judges must be added 10 the local
Courts for the Old business u would seem better tnat
three new permanent Judges should be constituted
separate Court par with the Superior Court 100
msny Judges IN the same Court divides respgntl2iY
aud hegefs confusion we have seen oy the example
of our Supreme Court with 32 Jadges shy three whom
may hold the Court The tribunal IL not responsible
for rs own decisions a. minority make them Toe
Extra Judges Commissioners could be added ss tenn
uorsry judges OF esch Of the three local Courts their
Offices o. expire in limited period There 10 no con-
.tmuonal difficulty iu the WAY of this arrangement A.
the Legislature msy creste inferior tribunals, and me
Superior Court crested under similar provision
The should provide for the transfer oi causes from
any Court where there msy be an accumulation 10 any
other Court The Supreme Court could thus be rel eyed
~ once Some check must be- put upon the usai oi
appeal 70 the Court Of appeals 20 prevent over"hem
ing thst tribunsl with sppeaIs from City Courts
THIS Is the only mode 10 which Ne can oogisie ne
immense evils we now suffer from delays Of justice
No msrter what it cost. and maerii the legislature
should insist upon the injustice Of casting the whole
burden OF The expense upon the City, instead o. toe
state Boh had better pay IL than submit 70 ttnr oi
the evils resulting from the present state OF tning'
The 400 DELAYED causes make - least twenty dollars
ros. every term they delayed and the teT nearly
Al come once A month Over half million OF dollar,
nnpece.ssry costs Is thus caused every year shall
we not apply thirty or forty thousand dolsrs Tor
speedy remedy houoH AM AAADA-