New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-08-14
renc. TO the veIatous process Of hope long deferred

than 4 third o. that of the whole State anu
which if it's intrinsic Importance is also taken into
account, might be set down at one-half Of all tni'
occupies the Courts of the eight Districts While
instead of ope-half Of the thirty-three Judges we
have but FIVE; we proceed with the more important
copsid. rstion-whst relief from this inequality s
practicable under the provisions of the Constitution
IN cur opinion it would be difficult to find mode
more eectusl than that rrsorted To 10 lo49 namely,
an increase of Judges in our City Courts or in one OF
them These Courts, hen the Constitution OF loio
WAS adopted were subordinate 10 the Supreme
Court but by the Code the decisions OF the Superior
Court and Common Pleas can be reviewed only by tue
Court of Appeals. 1t was question not without
difficulty whether the Legislature had authority, IN
der the Constitution, to make these Courts CO.
ordinate with the Supreme Court and whether, after
il was dore, there was any power TO make iur'ner
changes 1t is clear that the Legislature could not
have created these Courts with their present powers
under the Constitution now in force. But tue power
Of recobstitutinp them was assumed. and has never
been contested and in Iei9 three new Justices were
added To the Superior Court after it had been made
independent of the Supreme Court. The practical
benefit of this enlargement in the number of Judges
more especially in the relief which was afforded to
the Supreme Court by the transfer to the superior
Court Of cases that were then at issue and ready for
argumen Mt either in the General or Special Term OF
the Supreme Court. Ii would have been wise not TO
have restricted the provision to cases then al ISSUE
and il is 10 be hoped that the procedure will be mod-
fed 80 az to make it continuing power, to be ex-
ercised whenever the state of the calendar requires
it. still greater benefit has been derived from the
efficiency of the Court in the dispatch of its original
business With six Judges there can be always two
for the trial of jury causes, and sufficient number
for Special and General Term.
The same experiment might be tried again The
addition of Judges to the Court OF Common fieas
would be substantially the same benefit as an In
creased number in the Supreme Court; and 10 the
first instance the same relief might be afforded by
the transfer to il of causes from the argument caen-
dsrs Of tie Supreme Court that VAS derived from the
transfer TO the Superior Court in lo49 before re-
ferred to- The pressure is, however greatest in the
trial of causes. The great difficulty is to dispose oil
those that are to be tried by juries, and the new
Justices might be most usefuly employed in that
branch Of the business.
We have yet to speak of some other Judicial Disi
ricts tina. ire subject to embarrassments IKE those
which have overwhelmed the First Prominent among
them is the Second, more properly a part OF the
Second We refer to Kings County, where there Is an
obstruction of the Courts growing out ofthe same mis-
take have before referred to- namely supposng that
judicial business must be in exact proportion to Popu'
| ation. whereas the cities of Brooklyn and Williams
burgh furnish employment for the courts to an extent
probably exceeding twice the amount furnished oy
the same population in the residue OF the District or
at least they would DO so if thebusiness could be done
But Brooklyn, with population OF upward Of loo'
CO., has only one Supreme Court Judge. 1t was by
mere chance that il has one for at the last elec
ton there was a candidate in Westminster who was
det ated only by the division of the Democratic party
by which he was nominated.
1t was understood when Judge Strong was elected
that he was to give large proportion of his time to
BROOKLYN. as he lives in Long Island and has very lit
tie to attend to in the other countless butthe measure
of assistance afforded by him may be judged of from
the fact that be offered to hear all the causes In the
Special Term calendar if counsel would come to Sc
tauk where he resides and has ever since seemed to
consider him,ef absolved by the munhcence OF thii
offer from any obligation to hold courts in Brooklyn
IL was hoped at the time that this renewal OF NOLAN
| ued's ATTEMPTED miracle of causing the mountain Il
come to him. would have ended as that did BY NOLAN
med going to the mOuntan that is to say that as the
lawyers of Brooklyn would not go in mass with al
their business TO the Judge at Setauket, that the
Judge would conclude to come to them but this hal
not been realized.
judy, Rockwell has made great exertions to satisfy
public expectation but it is obvious that single judge
is entirely inadequate to 90 through with the business
| of such q city, even were he not encountered with {
mass OF cases that had been already accumulated.
would be prepost. to expect it, and it is natura
that the Judge, finding himself unequal to the duties
he has to perform should yield to encouragement anC
prefer TO enjoy rural recreation rather than attend
! his business in the City
The City Court OF Brooklyn might afford much as
sstsnce ii it was constituted like the City Courts
New-York, coordinate in jurisdiction with the Su
preme Court and allowed Bench Of several Judges
instead Of being restricted to one SO long as an ap-
peal lies from that Court to the Supreme Court II
will be shackled. But if three Judges allotted
to the court and an appeal should lie only to the
Court Of Appeals, substantial relief would be giver
10 the business of that city. This might be easily
done, assuming the legislative power to be sufficient
which take to be settled by former legislation IL
respect to the Superior Court and Court of Common
Pleas of the City of New York.
Another mode of relief might be available aftel
the census in 1855 viz by constituting Long Island
Judicial District in which case having four Judges
the business of the District could perhaps be go
along with, although one of them should live in Sc
tsuket-snd perhaps some of the others might be oc
casionay INDUCED in fishing and sea bathing Blu
we think that three of them should be required +