The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-31

take his place and Mr. Cisco SubTreasurer,
has resigned We suppose that Mr.. Buchanan,
in re-fllling these places, will do his best to
promote peace in the fam ly but do what be
may, the disappointed will keep up the row till
the next Presidential election.
IN conclusion should the cares aud annoy
ances to which the Presiden: is subjected result
in cutting short his life by five or ten years
from the term which he would otherwise accom-
plish, coroners jury in the case would be JUST
ed in this verdict: Died from the visitations
of the New York Office beggars"
Proposed Changes Ia the Judiciary System
OF this State.
We understand that it is in contemplation to
propose to the Legislature several changes in the
Judiciary system, and that measures are already
in train by means of which it is hoped that these
alterations may be carried out, and increased
usefulness and economy impaired to this most
important branch of our institutions
One alteration which it ia proposed to make ia
a reduction in the number of the Judges of the
Superior Court to three. The present number
Of Superior Court Judges dates from lS49. In
that year, in consequence of the great quantity
OF unfinished business lying over from the old
Supreme Court and Court of Chancery, three
additional Judges Of the Superior Court were
appointed to get rid Of these arrears. 1t was
determined at the same time that their salaries
which amount in the aggregate TO SIS. 600
should be paid by the city and not by the State.
The arrears of business which led to the ap-
pointment of these Judges we're long since dis
posed Of, yet the Judges remain, and the city
pays the unnecessary tax for their support.
The scheme very excellent one-now is to
reduce the number of Superior Court Judges to
three.
There is another reason why the Superior
Court can afford to dispense with a portion
Of their force. In accordance with the sugges
ton of the Governor, which in fact only efnbo-
died decided expression Of public opinion, it
is designed to deprive the Superior Court and
other inferior tribunals of the right of granting
injunctions and appointing receivers-a right
which they have not always exercised in man
ner calculated to promote the public interest,
or to enhance the public respect for judicial tri
bunals. In fact, on more than one recent occa-
sion, the Judges Of the several courts have
seemed to be touting" for business in the in
junction line. In this respect the suggestion of
the Governor and the intentions of the persons
who have these reforms in hand concur very
accurately with public sentiment: people will
see these subordinate courts stripped OF this
delicate and dangerous power with very general
satisfaction.
Upon the Supreme Court it il proposed to
confer the exclusive privilege of granting in
functions and appointing receivers; that power
to be exercised in the same manner and to the
same extent as il was exercised by the old Court
of Chancery. 1t Is calculated that the transfer
Of this branch Of law matters to the Supreme
Court exclusively will reduce by one-half the
business Of the Superior Court, while il ne
cessarily adds much to the duties of the
higher tribunal; hence, while the three
supernumerary Judges of the Superior Court
are dispensed with, II is proposed to increase by
like number the Judges of tie Supreme Court
The changes will not, however. BE- simply a
transfer Of Judges from one court to another;
the new Supreme Court Judges will necessarily
be paid-not by the cty-but by the State
Other minor changes are alss under discus
sion; some of them will doubtless be pressed
upon the Legislature simultaneously with the
foregoing. 1t has been proposed to limit the
jurisdiction Of the Superior Court and Court of
Common Pleas TO cases involving only certain
amounts. But thb restriction does no, meet
the general approval q the leading persons en-
gagged in this Judiciary reform The prevalent
idea seems to be to leave the jurisdiction uu-
limited as at present; but to give to both plain
tiff and defendant the right N evpking the
case and carrying II before the Supreme Court,
where the amount involved IL considerable, and
either party has reason to believe that the ends
of justice would be better attained by trial in
the Supreme Court rather than in the lower
tribunals.
Other points will come up as these reforms
are ventilated in the Legislatures there il
ample room for beneficial change II is not to
be expected that our judiciary can fulfil their
purpose or hold as high rank in public esti-
nation as the judiciary of some foreign coup-
tries, so long as the pcrnicious system Of elect
ing Judges, and especially electing them for
short terms, is adhered to in this State. The
public Is already pretty well satisfied on this
head; some day the opinion will receive sud-
den practical impetus, and we shall resort to
the old sound doctrine Of appointing our Judges
for long terms or during good behaviour. But
the continued existence Of this defect is no rea-
son why the other minor defects Of the system
should not be cured; we arc glad to scc that
they are being taken in hand.