The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-12
ASSEMBLY CHAMBER.
ATua<y A nr,ll 1871


ALBANY, April 3, 1851 {
JAS. G.. BENNETT, ESQ.-Dear Sir:-A few days
since you published in your paper an article reflect
ing upon me, for Introducing a bill to abolish tbs
ONCE Of Clerk OF the Superior Court. / enclose q
communication which published in the Knickcr-
becker OF this morning, which, think, you should
publish, inasmuch ms the article above referred to
appeared in your paper. BY inserting it in your
journal you will greatly obiige, yours, respectfully
JouN RYAN.
CLERK or THE SUPERIOR corTr OF syw YORK.
From the Albany kniekerbockerl
MIR. EDI1oR:-Nly attention recently drawn
to an article in the H0ad, relative to bill intro
duced into the Assembly, abolshing the Office Of
Clerk Of the Superior Court.
Assuming, that as respectable ship joiner"
could have but little idea Of the serious effects
which the passage of this bill would have upon the
administration Of justice in the city Of New York.
and that instead Of introducing it, should have
deferred 1t to the knowledge of those of his coli
leagues who belong to the legal Professionalism
discussing the question whether legal reform ought
to be exclusively and arbitrarily settled by lawyers.
and that the entire community have no intelligence
to exercise, interests rights protect on the
SUBJECT, permit me TO say that the bill had been
previously referred to the delegation and after due
consideration, had received the unanimous sanction
OF my colleagues who belong to the legal profess iou
and that it was merely reported by on behalf Of
my associates
1t must, therefore, be very apparent that the
opinions OF the respectable ship joiner" were en-
dorsed ny the members of the learned profession
and on the reasoning Of the editor they are conss-
quently responsible for the results Of such le-
gislation.
That the bill, however, was correct in principle.
and would be safe in practice, conscicntiously be-
leve In 1877, after the adoption Of the new con-
stitution, democratic Legislature rendered the
county clerk, surrogate and register salarcd Of
fees, although the ncumbents belonged to their
own political faith At the same time, the county
clerk was required to provide competent clerks 10
discharge the duties in the Court OF Common Pleas
and the Supreme Court, and the reform would, at
the time, have unquestionably extended to the SUI
premc Court, if Jesse Oakley had not been its
clerk and his brother one of its most distinguished
and influential Judges If the Supreme Court. to
which was added the existing powers and duties of
the Court OF Chancery experienced no difficulty
whatever under this reform-and the Court ofCon-
mon Pleas presents no complaints-it is not unres-
sonabe to sup oso that deputy could, with eqaal
success, perform similar duties in the Supreme
Court
Indeed, the duties of that court are now frequent
y performed by under clerks and we remember
well that while Jesse Oakley was the incumbent.
no interruption of business occurred, although he
was for months absent in Europe tour Of
pleasure.
The present clerk we undcrs and, receives a sa-
larry Of 81 800, being the same remuneration with
the Judges Of the Supreme Court who have to
pay out Of it their travelling expenses throughous
the state; and yet the office imposes no greater
responsibility or labor than cerkshhip in tho
Common Pleas and Superior Courts, the ncum benta
Of which faithfully discharge their duties for i70oor
SstO per annum
,Ioh .his s'atc u iacts sno"ihR such an me
quality between duties and salaries in Offices Of the
ZANE grade even respectable ship joiner mi ght ba
allowed TO have opinion, aud with some prospect
Of its being received with fa,or by the constituency
lac represents
That many lawyers have complacently signed u
rcmonstrance, Mt the instance of the clerk II very
natural, and reminds me that from time iinmemo-
rial every innovation, however beneficial has been
similarly opposed.
When the reform was contemplated in 1877
giving salaries instead of fees to the Judges aud
clerks OF courts, circumstances thick and fast
fiom the learned profession but owing to tho
equity OF the ncasure, or the number of respect
able ship joiners' in the Legislature, it was tri-
umphanily adopted, aud experience has proved les
wisdom.
In this bill now before the House, have no per
sonal interest pride of opinion, but feel CONVINCED
that the distinction made in relation 10 the Su-
premc Court. IL without any sound foundation, and
that larger salary il given than the actual services
rendered would justify. JOINS RYAN.