The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-17

for sound practical and religious doctrines, they
obtain just enough of error to plunge them into a
of mist and confusion, where, sooner or later,
they are certain to find themselves beyond their
depth.
The Law Courts-The Plurality of Offices.
We mentioned, a few weeks SINCE that an effort
being made to abolish the office of Clerk of the
Superior Court, and to amalgamate its duties with
those of the County Gle k. Our observations, we
perceive, have called forth from Mr. John Ryan, the
gentleman to whom has been entrusted the bill for
introduction into the Legislature for that purpose
statement, published in the Albany papers, in which
he endeavors to himself for the prominent part
he has taken in the affair. We are not disposed to
attribute to Mr.. Ryan any undue motives for the
part he has taken in the promotion of this mono
poly bill, though he seems somewhat chagrined at
being designated ga respectable ship joiner"
Now, Mr. Ryan may be very competent person in
his own particular business; but we cannot avoid
saying that he seems completely at sea, when
rogating to himself the wisdom Of Judging upon the
subject of legal Offices, particularly when his views
are at variance with those Of all the judges Of the
court and the lawyers of Now York.
The statement Ct Mr.. Ryan, that in lSi7 pro-
position to make the County Clerk the Clerk Of the
Superior Couit, was defeated by reason of Jesse
Oakley the then clerk, being the brother Of one Of
the justices Of the Superior Court, is incorrect,
the fact being, that the proposition, when brought
forward at that time, met with favor either from
the court, the bar, or those having any business
with the court, and it promptly rejected by the
Legislature as soon as it was presented. 1t meets
with no favor now; but is as vigorously opposed
=. NJ tha
success.
Mr.. Ryan also ventures to assert that the present
conjunction of the business Of the County Clerk, the
supreme Court, and the Common Pleas in one office,
meets the appreciation Of the parties having business
in those courts yet this statement is contradicted
by the unanimous opinion Of the bar, VIII oh is that
such conjunction leads to embarrassment and de-
lays. so great is the inconvenience already ex-
perenccd from this amalgamation, and so constant
ly i. the evil Increasing. that the Code Commits
sioners have recommended that the Common Pleas
court shall have a separate clerks office, and we
have no doubt the demand for this separation can
not be much longer denied
Ii is not true that the duties Of the Superior
Court are performed by under clerks. The chief
clerk, Mr.. r. ID. Floyd Jones, is an interchangeable
officer always ut his post, and by the anenity Of his
department, well as the abili y with which he
discharges his duties, he has rendered himself gem
orally admired aud respected. here are, to be
sure, four assistant clerks; yet heir striat atten-
dance does not exonerate Mr.. Jones from duty
For instance two courts open for trial causes,
which require the attendance of the clerk and one
Of his deputies. The General Term, and the Spe-
cial Term or chambers Of the same court, where
clerks must, of course, lac in attendance, are fire.
qucntly sitting at the same time, and thus but one
clerk Is left for the duties of the Office, where law
yers are hourly engaged in searching, filing, and
obtaining certified copies ofpapers Foreigners arc
Also natuialized in the clerks office daily, in great
numbers.
The business Of the super % Court il now i'm
mense, and under its recent organization, with six
Judges. il l. constantly increasing II has cogni-
zance Of nearly all the important commercial eases
arising out Of the vast mercantile transactions Of
this great city; and it will be rccocccd, too, that
in consequence Of the abolshing Of all distinctions
between law and equity, considerable quantity Of
the most important business Of an equity character
dcyoycs upon this court, by which funds to a large
amount ore placed in the hands Of the clerk. These
fact. prove the great propriety Of and indspensa-
bic necessity for this court having separate clerks
of the importance and magnitude Of the interests
involved, sometimes amounting to the extent Of
hundreds Of thousands Of dollars, il seem. but rca.
sonable that the wishes Of the lawyers, well rs
those whom they represent, should be consulted b.
the Legislature before this project, which i promo
ted merely for party purposes, to ou.t excellent
Official and an unbemished man, because of hi. po-
tical faith, should be entertained.
And yet 50 far a political reasons are urged the
facts that the rcmons,rants against the project COM
prise many of the most active and leading members
Of the wing party n this city, and that all the
Judges Of the court four Of whom whgs, have AZ
we arc informed. united in the sentiments Of another
remonstrance, which has been forwarded to Albany
these facts should deprive this effort at plurality
Of Offices Of any hope of success
MIR. Ryan states that the clerk Of the Superior
Court receives $500 years that the secret Of
the proposed change, lst deemed too good berth
to be out Of the grasp Of the predominant party or
IL any saving to the county held out A. an induce
mcnt for the amalgamstionl Would The county
clerk, whom VIC know to be most excellent and
efficient public officer, performing his arduous and
already too oncrous datics with considcrable ability
would he undertake the responsibilities Of the
clerk oil inc superior ,ouit together with his own
without increase OF pay.
The plurality Of offices was the bane ol European
legislation in former days-rcformation is happily
,bolishipg the system there aud we whs pride our.
selves ia avoiding the abuses. the tyranny and NAL
practices Of the mother country should not degcne
rate into the evils that we have hitherto avoided.
Let the word be plurality Of corporate, clerical,
lsy, legal or municipal Offices.
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