New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-07-22
THE NETWORK JUDICIARY.


To tie 81 ns n. Y. TSbns~
The new judiciary system Of this State into effect
on the Let of July is47 The practical working Of that
system may now be considered fairly developed by tho
reported decisions contained in the volumes named below
B.rbours supreme Court Reports, IS yols
pas sas ssRss eo SH' Rs Sss. vol
con.toet. Report. lcOuf. of ApPe.sl tvos.
ssidshs Rspor,s Court Of Appesb) vols
To these however should be added the 9Th volume NJ
DEMOS Reports containing the decisions OF the former
Supreme Court that Court having by the Constitution
been authorized to hear until LIST July is4shs
I'd aud Sd volumes of Barbours Chancery Reports lcon
tanning the decisions Of the late Chancellor whose tern
of Office was extended for the period,l and smo
minor publications. the principal Of which Howads
Practice Reports, volumes, and the Code Reporter
volumes
In the examination of this system the Code Of Practice
which went into effect on the LIST of July ls4s becomes
important element, and Will deserve special notice.
This Code is the result of certain provisions in the Coast
tuition which had in view much more complete revision
of the laws Two sets of Commissioners were to be an
poniod-the revise the whole body Of the laws Of
this State and reduce into systematic Code the other
revise and simplify the rules of practice aad peadug
Commissioners but that part Of the plan Of judicial re-
form has entirely failed OF accomplishment
As counterbaance to this the second set Of Comms-
soners assumed the character of cod6e and instead of
revision of peadDgs and practice have given aCoda
which in the form first reported 10 the Legislature was
substitution Of the practice in France for that OF the
mon law; or least il may be said 10 have had more
analogy TO the former than the latter.
of the Code by the Legislature have however restored
something of an indigenous chara,er, and system Is
gradually being elaborated by the Courts which will
greatly surpass in simplicity and practical convenience
the cumbrous practice formerly in use
1t is obvious however, that the result must in great
degree depend upon the intelligence and rghtmndedness
OF the judges Among other things II we are to have any
thing Of principle distinguished from mere arbitrary
usage the habit of some OF our Judges OF always seeking
analogy the old practice should be discouneRancod.
There in this country enough of practical good sense
acueuess of discrimination and regard for right to be
trusted with the formation OF modes OF proceeding for tho
administration of justice adapted to our own circamstan
ces without going back English lawyers and judges for
ou0iy although of course il always proper to consult
the ussges in other countries TOR the ad OF our own Jg
ment upon the practical part OF Jurisprudence rs well ~
for instruction in the elementary principles OF law The
most interesting subject OF inquiry suggested oy the vo
luminous reports above referred TO however, "hat nag
on the whole been the effect of thelew construction Of
our Courts by the Constitution of 1876. Has II been ia
vorable TO the dispatch of business the administration
of justice more consistent sound ana % OK, man
considerations that this question involves In me hrst
place think il will be found in general true that the Su
irene Court constituted has FAR TESS sense OF re-
snonsbility than the Court which superseded De-
csons are often made in cases of difficulty, with haste
and apparent indifference which plainly indicates that the
Court does not consider itself as finally dsposng Of the
sulec-in fact the hearing in the Supreme Court but
another i'll the Court OF Appeals. Moet
any consequence go TO the latter Court and not
a few that are of very little consequence.
The contrast of the business Of the old Court of Errors
in this respect striking large proportion of the cases
decided by the former Supreme Court went no further
acter of the opinions delivered by the Judges Many
even of those reported beray inadequate research and
deberation. Is this the csct, or rather may 1t not DO
considered the that appeal may 80 generally be
Another remark is applicable the judges in of
the districts much than in others, and that is dsre
gard of decisions by coordinate branches of the Court
This practice is calculated to undermine the respeca
by of Courts. II judges have no respect for each
others opinions how public respect be looked for
Ii is true that the Courts of the Eighth Judicial Districts
are in degree isolated from each other and be-
coming Conflicting decisions may be made cotsm
pOraneousyi but what particularly refer TO Is disre-
gard by judges decisions made In another dis
rict even when those decisions have been reported,
nav even disregard the decisions of the Court of APP
psss itself of which have Mt least memorable in
stance Itwould be nvous to designate any particular
cases, the judges. The remark, wish it UNI
derstood does not apply TO ALL We have some Judges
whose assduy and research worthy of tho highest
praise But this is the exception rather than the rule,
il admits of serious question whether in the present cond
ton of the Court much public advantage derived from
such voumnous reports as have been favored WITH
There ought to be determinations yteen Doimes nc
se gears would of itself Indicate lack OF judclous Sc
lection or else of legal learning and research in the
whole OF decisions. But should think that, with
more attention the part of the reporter it would
tanly bs practicable to compile in smaller space all that
really worth preserving authority and this would
tend TO induce the part OF the judges In the
preparation of their opinions In striking contrast with
the CESSATION of the Supreme Court is the
tious habit of the COurtof Appeals.
Not than half the cases decided are reported.
In of this the members Of the Court of
large proportion of previous adjudication, they
have other knowledge than what they have derived
from published reports. In this Court tendency may be-
observed the opposite of Whist have referred in
speaking of the Supreme Court. In the latter have
sad that there little apparent feeling of responsibility
in the Appellate Court on the contrary, there is
shrinking from responsibility Questions fairly presented
by case, and grapped with if there is any possible
mode of dispOsiDg of the without il. Hence has
grown up oyernce practice of getting rid OF appeals
upon technical grounds of deciding upon some
point leaving others of importance
touched.
Yet there not wanting instances like that of the
celebrated Dry Dock case which would show that the
Court is not deficient in judicial ntrepdity. On the other
hand, when a subordinate tribunal venturing to
disregard openly decision Of this Court as was done
recently by the Supreme Court in the st District in tho
of the North American Trust Co.. might be led to
suppose that the rmness OF the Appellate Court held
in slight estimation.
II would be out of place to 20 into discussion of the
present state Of our law, under the system compared
with what it formerly Important changes have
taken place. but the full eucdation of these changes
would be sufficient material for elaborate professional
treatise One thing which did propose to speak Of vz
what working OF the present system is in respect to the
dispatch Of business, reserve for future comment,
alse notice of the Courts Of this City which CO.
ordinate with the Supreme Court in jurisdiction.
A FRIEND TO FAIR TRIAL.
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