New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-08-14
TIE sEw.YoRK JUDICIARY.

a correspondent seem to have excited the attention
and interest Of the members of the legal profession
and even of the public at large to such degree thst
we are prompted to suggest some mode OF relief Tor
what oppressive or in the present ar
rspgemeprs.
In the Supreme Court the pressure Of accumulated
bu,ipess is felt in the greatest degree in the First
District grievOus error was committed in the re-
vision of the Constitution in assuming that judicial
business would be in exact proportion to population.
Upon this cory the Constitution directs that the
State be divided into eight Districts equal in popua-
ton as nearly as may be, allotting four Judges to
each, with the exception only that in the District
composed of the City of New York provision might
be made for additional Judges, but not to exceed in
number what would be in the same proportion to the
population Of that District the number of Judges in
the residue of the State is to its population Under
this provision one additional Judge allowed by the
LEGISLATURE in 1859. In exercising this power II was
perhaps admissible TO make estimate of the proba-
bic increase Of population in the State and City since
the LAST census; butfJudge Harris correct IN the
extrs-iudcia opinion which he furnished last winter
in re.pect to the County OF Schuyler, the Legs
ae might have got at the result in any way saiisfac
tory to themselves With such judicial sanction it is
almost to be regretted that they did not indulge In
greater latitude of conjecture and give US two addl-
tional Justices instead of one Ii, however We are
TO be held to a strictly probable estimate we have
the full number that the Constitution authorizes, and
must get in the best way We can with that number
or seek some collateral equivalent.
That provision of the Constitution which authorizes
the Legislature to re-Organze the Judicial Districts
Gov vyill mt
afford u remedy because although the number of dis
tricts may be increased or diminished, the same pro-
portion to population must be observed through
out the State. The increase OF population in this
City will considerable degree Be counterbaianced
ty the increased population of the State. And again.
tie increase or dminutOn in the number oil Dstrcts
can be only one at time-hats to say one District
ia ten years Admitting however that by the greater
relative increase of popuatoRin the City of New
or by the addition OF new District after the census
which i'll be taken in 1861 by which the proportion Of
Judges will be somewhat modified, this City should be
entitled to six Supreme Judges, the reeiwoud yet not
be commensurate with the exigeDcy. IwoJudges are
neeoed for special terms and chamber business TWO
should be constantly occupied with jury trials, e1clu-
ave of criminal business W ich if still devolyed upon
the Supreme Court would require al additional
Judge And even if the Court should be relleved OF
criminal business there is employment enough for the
additional Justice in the trial of jury causes. Be-
sides there should be general term 10 session through
out the entire year be held by three judges twill
thus be seen that eight Judges needed for the tran
sacton Of the business of this District. With less
number there il not the slightest chance of dsposng
! Of the business, even if there were to be no In
| l,, NH for rplie IF yya
into acco unit the future growth well the large
amount of business which is suppressed the present
clorged condition of the Courts. If ample provision
should be made for the dispatch of all the business
that legitmatey would come before the Courts, and il
reasonable facility in dsposng OF il could be looked
for, the aggregate even at the prescott time would
greatly exceed what is exhibited by the calendars.
We have referred to the error of the Convention in
supposing that judicial business would be in proper
ton to population. There is in the present state Of
things. practical demonstration of this error. The
population of this City, according to the census Of
$780, was about one-sxth that of the State the pop
uaiion of the City being 5l5 54 that OF the State
3,C97,374. But the number of lawyers in the City
was more than one-tbird of the whole in the State;
and at the present tine there are according to Liv
iDgstons Register something more than 5OOO In the
State and nearly 1850 in the City. In this compu
tation the number s redupicated to some extent BY
including law firms well individual lawyers, bal
the oyerstatement applies as well to the rest Of the
State as 10 the City, and will serve therefore fol
comparison. 1t would perhaps, be safe to say tina
law business in general corresponds with the number
Of lawyers but there should be this modification tina
a much larger amount of business is done BY q con
siderable number of lawyers in this City than by th,
same number elsewhere.
amount Of trade, the extent Of commercial operation
and the active OF capital tend to the multplca
ton Of legal questions, and in proportion as the pm
yate advice of lawyers is needed will also be the case
adjudication assuming that there is nothing to pre-
vent their being promptly decided. The capital &C
lively employ ed in the City of NewYork is mmense
greater in proportion to our population than what
employed in the rest Of the State and the enterprs
called into exercise under the pressure Of compet
ton in business which 10 unsurpassed, perhaps, i
any other city in the world, tends to an augmentation
of legal transactions far beyond even the ordinary pre-
portion which il bears to capital. IT, therefore, gu
iudicial Arrangements were adequate to the actu.
|, emerrercy we should exhibited here amour
Of business in our Courts greatly exceeding whs
might be expected from the capital employed here
But under the bsck-water system which now exist
large amount Of litigation is overssughed. lnju
tce is submitted to and heavy os'es incurred in pre-