New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-07-27

power OF the Governor to assign Judges Pom one
district 10 aid in another distr ., har hs;nas. h.
DuI ,'is P' .6ion has been practically
Of no effect. No relief ms obtaiuet from il in the
Fret Judicial Distrc' f,he 60 of Vcy.Yort = and
another provision ,,de by starc in $50 Authorizing
CHEF of the Court of Appeals to send any
number OF edges into that district that he should
deem Necessary, has equally failed of accomplishing
any uCeful result.
There are thus virtually eight Superior Courts in.
stead Of one, and ~ have before remarked having
little concert Of judicial action and exhibiting no
small amount Of discrepancy in their decisions. With
the increased number Of judges it would fol-
low that much larger amount OF business must be
dispatched than was formerly done by the eight Cir
cult Judges and the three Judges of the Supreme
Court, and this is no doubt true if look simply TO
the numbers of tried az the Circuit aud argued
at General Term. But in judging of what is actually
accomplished, We must take into account how ehectu-
ally business is done If after trial still con-
tinue IN litigation upon cases aud bills OF exceptions,
general thing, the calendars would show an In
in the aggregate of unfinished business perhaps
than equivalent 10 the number OF cases disposed
Of The disadvantage bOweeer IL not limited 10 the
Supreme Court. A large proportion OF the causes
that are heard at the General Term OF the Supreme
Court get finally to the Court Of Appeals from which
We might Justly infer some deficiency IN the subOrdl-
nate tribunals Tie latter might indeed be designated
as Courts of Oyer sans irminer, as was loosely
raid of the ChancelOr's Court in England, though in
different sense. The Chancellor heard without de-
Gliding whereas Courts decide without determining
or making end Of the causes. II may be questioned
whether the reverse of this which was applied to the
Vice CbanceOrs Court, viz: " Terminer sans Oyer
might not be preferable
The calender of the Court Of Appeals at the late
June term contained 23s causes. About fifty causes
are heard each term. The appeals exceed in
number the decided, 50 that the Court must
in time become HOY elessly overwhelmed 4 case is
now, in the ordinary course, not heard in less than
eighteen months after it is on the calender, out
NAV anticipate state OF things when the hearing may
be postponed beyond mans natural life,
The remedy for this is not now to be found in any
provisions of our present Constitution. A special
commission from time 10 time in aid of the Courts may
be found necessary, and legislative powers if it does
not exist already ought 10 be conferred for that pur
pose. Had this course been adopted when our new
judicial system first took effect, it might, by relieving
the Courts Of all the old business have enabled them
TO keep up with the new.
This review of the condition of our Courts would be
imperfect without more special notice of the First
Judicial District BY the Constitution it provided
that there might be increase Of Judges from time to
time as might be required and 1852 fifth Judge was
accordingly elected pursuant to an act OF the Legisa-
tuTe passed for that purpose BY fatality that seems
peculiar TO that District the Justice has been dis
abcd during the greater part OF the present year by
nefs and still remains so. Another OF the Judges
has been, during the present year, member of the
Court Of Appeals and as before mentioned, all the
QUESTION for aid from other Districts has entirely
iailed Had We however, had the advantages of all
belonging here ii would have made but comparatively
little impression upon the mass OF business that has
accumulated.
The calendar of the Circuit Court consists of ,757
causes, and it may be assumed that large number
left off in consequence of the utter hopelessness OF
being reached during the year. The Court have
reached TO 651 but very few have been tried Spas
modc efforts have at times been made by the Court,
the result of vch has been for the most part that the
day calendar has been down. general want of
preparation is exhibited by the profession, whether
growing out of the uncertainty when their cases VIII
be reached from what other cause will not under
take TO say. So that there is seeming progress in
the calendar when in fact nothing of any account has
been accomplished.
Criminal causes have occupied disprOpOrtoned
amount of time. trial for murder of much public
interest (and by some strange propensity there is al
ways crowd attending upon such cases. will some
times consume half of the time allotted to the whole
business Of the Circuit This should be reformed. A
distinct Criminal Court should be established of suf-
hcent rcspecabity to be intr,ised with the trial of
capital cases and the Supreme Court should be re-
lieI ed of all that class OF business.
The last General Term calendar had on it 159
causes but it was in fact nearly the that of
the previous term; 40 is the highest number that has
been reached during the two last terms of the Court
Tie calendar might small; but it is obvious from
the triing amount of business done that it would he
of little use to put new causes on. Then again, the
amount of business at General Term must depend in
have already seen how small proportion of causes
would be likely 10 from that source into the Ap
peate Court.
Motions occupy very considerable part OF the
time of all the judges and although these generally
take precedence of other business the delay of being
heard is such that il has become necessary TO make up
a calendar of motions so that each might
time or another have chance 10 be heard IN s order
Tie condition of the non enumerated business is ex-
ceedDgly ncOnyenient motion is often of vital
importance, aud yet unless promptly heard and dis
poscd Of the whole object had in view may be de-
feated The graduation in the scale of relief in that
branch of business might almost compare with what
was afforded Jy the tardy judgment Of Lord Edon. -
think" (said his lOrdshp on one occason,) there
:" may be doubt nay am almost sure, that II admits
Of doubt, but llthnk further of IT,
TIE Superior Court and Common Pleas, which have
now coordinate jurisdiction with the Supreme Court
of cases arising in the City Of New-lork have done
much the largest proportion OF the business OF the First
District. The trial calendar of the former Court has
1877 causes of which pa have been tried or dis
posed Of since the first OF last January. The Common
Pleas trial calendar has upwards of 400 causes of
which than lOO have been tried or disposed or
Among the causes disposed of there is large number
which have been down. and which therefore, will
reappear on the calendar for trial.
In the Superior Court. which consists offs! judges
great attention is given the review Of cases at Cen
eIal Term The reports of the decisions of this Court
now numbering six volumes, are held in high estma-
ton by the profession
In the Common Pleas, which has but three Judges
different usage prevails; decisions made at the trial
if accepted TO are generally reviewed by the Judge
who tried the cause the business the Genera Term
is comparatively light Considering the large
amount Of business done 10y this Court there would be
ample material for udicious reporter to select irom
though hitherto there have been no reports except
what have appeared in the Code Reports and other
II inOr publications. FRIEND TO FAIR TRIAL.