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

To ne Editor Of The ~ Y. TrbSne
SIR: / propose to examine the working of our pres
ent Judiciary system with reference to the dispatch OF
business. The reorganization OF the Courts was u
prominent object had in view IN the calling OF Con-
yenton for the revision of the Constitution in ls46.
The accumulation of business in the Supreme Court
and Court of Chancery, especially the latter the pros
pective increase of equity under the judicial
administration Of Chancellor WalwOrth, winch had
tended TO the enlargement of the jurisdiction OF his
Court while the unweldy mode of proceeding was
lily calculated for the dispatch which this increase OF
business demanded and the unpOpuarty OF the Chan
cellor himself growing out of his encroachnent upon
the jurisdiction of other COurts;-these and OTHER
concurIng circumstances had produced general I'M
preston that a reform was needed.
The Convention proceeded upon the assumption that
an entire remOdelng of the Courts was called Tor;
the Court of Chancery was abrogated, and equity
Jurisdiction conferred upon the Common Law Courts
This change it was now generally admitted, was SAUL
ary Some of the older members of the profession per-
baps NAV still regret the breaking of system which
had become venerable by age and the complicated
details of which had become familiar 10 them by long
experience.
In some countries such a change might have been
Productive of serious disadvantages but versatile
cur character and so practical our haDit oil mlnd
there seems 10 have been little inconvenience IN manag
ing the equity business under the new arrangements
One evil at least is Obviated there is now no tempta
ton for seeking an enlargement of equity jurisdiction;
the tendency rather is 10 resort 20 II only wheh no
other remedy can be found
But the question recurs whether the whole OBJECT
has been attained The obnoxious Court OF ChaRcery
has been got rid of but is the Equity business which
has now devolyed upon the other Courts, promptly
and satisfactorily disposed of! This cannot be an
swcTod without some important qualifications.
by the Judiciary act of lS47, the Equity aud Com
mon Law powers were kept distinct aud the practice
Of the Court Of Chaneey still maintained in
of Equity jurisdiction. The Code of Procedure has
nterminglCd the two branches of jurisdiction and the
only distinction now remaining between different
classes of cases is whether they trials of fact or
law; the former being to be tried before Jury
or single Judge or Referee acting in the place Of
jury; and the latter being involving questions of
law with which Jury have nothing 10 do, with this
exception only that there may be review of verdict
Of Jury or decision of Judge or Referee upon the
facts and new trial ordered. Equity causes may
belong TO both these classes.
One advantage has been gained in getting rid OF the
former practice in Chanco of taking testimony before
an examiner as well the expensive references 10
Masters in ChanceTy. Equity may be tried be-
iore Jury, single Judge Referee, so far AS they
involve questions of fact The pleadngs are slmpil-
ned and disencumbeTed of much useless form. 30
isr there has been gain in the dispatch of business
The drawback is that is common TO this and the
Common Law class of business growing out Of the
organization OF the Courts.
The Supreme Court is constituted OF thirty.twO
Judges, who according 20 the Judiciary Get Of l-i7
were TO be employed in the different districts Of the
n'ate 30 as 10 have equal proportion of labcrS; but
~s Las bCca virtually repealed h lie Cod' AMI DC