The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-04


City on Monday between Reed and Fitzgerald Ninety
SIX rounds were fought, whom Reed was declared the
victor
Our State Judiciary System and the Conven-
ton Of Revision.
The reconstruction of our judicial system is
one, and not the least important, of the duties
that will devolve upon the approaching State
Constitutional Convention. 1t is generally
conceded that, as at present constituted, our
courts fail to meet the public necessity, and
that thorough reform Is demanded. The
judiciary will therefore doubtless occupy as
large proportion Of the time and labor Of the
Convention of 1867 as it did of that Of 1916.
The question is, how far shall the reform got
Shall it be directed only towards the clearing
Of the calendars, or shall it reach the root Of
the evil, sweep away the elective system, and
place the judiciary above the influence Of
politics and out Of the reach of partisansi
Twenty years ago there was spontaneous
sentiment among the people in favor Of . COM
plete revision of the State judicial system.
The protracted character Of proceedings
in the old courts, their useless forms
and unnecessary technicalities were annoying
and irritating to all who unfortunately had
business with them either IS plaintiffs or de-
PENDANTS, and the expenses Of litigation were 80
enormously high that many persons preferred
to suffer wrong and submit to injustice rather
than to appeal to the law for protection or
redress The Court for the Correction of Errors,
which was composed In part Of the President
and members Of the State Senate, did not enjoy
the confidence Of the people, for the reason
that 1t made . portion Of the legislative depart
ment the judges Of the constitutionality Of laws
which they had themselves helped to enact A
parcel of Herkimer county politicians, who
then led the democracy of the State, and some
Of whom are still, like Ephraim, joined to their
idols, availed themselves Of the popular senti-
ment against the existing judicial system to
press forward the policy of an elective judi
ciary. Michael Hoffman, leading spirit In
the Constitutional Convention of 1916, had,
two years prior to it's meeting, pro-
posed a plan Of judicial reform in
the State Assembly, which, under the
guise Of increased facilities for the despatch
OF the business Of the courts, sought to secure
the election Of all judges by the people. The
attempt failed in the Legislature, but it was
renewed successfully in the Convention, the
Herkimer politicians taking the ground that
there could be no constitution in this country
unless the judges were made to depend for
their Offices upon the people Of the State. eff
you want judge that can stand by the con-
stitution against legislative usurpation," said
Michael Hoffman, in that body, "you look in
vain for such man appointed by power.
Unless your judges are elected by the sovereign
body, by the constituent you will look in vain
for judges that can stand by the constitution
Of the State against the encroachments Of
power" These appeals, smacking strongly Of
the demagogue, prevailed, and q system Of
judiciary was engrafted on the constitution Of
1916 giving the election Of judges to the
peoples dangerous experiment, not demanded
by the popular judgment, and applying no
substantial, permanent remedy for the real
evils Of the old system.
The change was not made without opposi-
ton from some Of the soundest lawyers and
ablest men In the Convention. Charles
OConor, when the Committee on the Judiciary
made their report, said of their work." This
report destroys nearly all the good features in
our existing and past judicial systems, and
furnishes nothing that can be deemed An equiv
alent" So strong was the conviction Of that
profound jurist that the action Of the Conven-
ton failed to meet the public necessity, and
was dangerous experiment that he refused
to vote In favor Of the new constitution, and
in stating bis reasons for such refusal went on
70 say, In regard 70 the part Of Il to which he
had given most attentien-the judicial de-
partment-that che thought the Convention
had altogether failed to present to the psople
constitution which would meet the exige ncies
Of the times, or In any degree remedy the
diGculties In this respect which led TO the call
ing Of the Convention; that II did not in snv
moderate degree, even, meet his approval, and
was . most signal failure" Judge Stow. of
Niagara, man Of powerful mind and Of hirh
legal attainmsnts, strongly opposed the cleo
tive system and insisted that the general voice
was adverse 10 the innovation. With O'Conor
he voted against the whole constitution rather
than give his assent 70 the revolutionary
policy" Of the Convention. Charles p. Kirk
land, Of Oneida, was one Of The most eloquent
Of the principle Of an elective ju-
dietary.
Time has justified The pre- dictions Of the
small minority Of the Convention OF 1876.
Twenty years have proved that the judicial
provisions Of the organic law then imposed
upon the State, like many others Of Its parts,