The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-09-07


Convention by its Committee on the Judiciary
bears the marks of that compromise between
discordant views of which it is said to be the
result. Its halfway propositions can hardly
fail to be greatly modified in one direction or
the other, after discussion. The elective prin-
ciple, which is the distinctive feature of our
present system, is either its prime excellence
or its grand mistake. If the Convention decide
that it is the former, the provision for life
long term of Office will hardly be allowed to
stand in the way of more frequent recurrence
to il; If the latter, then there is no logic in ad-
mitting even its single application. The great
difficulty lies in harmOnizing the interests of
New York city, which suffers from the perni-
cious effects of the elective system, with those
of the country districts where its results have
been more tOlerable; and this is the problem
which the report evades without even statingit.
The proposed Court of Impeachment retains
those features of the present one in its compo-
sition, and in the limitation of the punishment
it may infliot, to which objection has already
been expressed in these columns. If such
Court is to be Of any more practical use than
il has hitherto been, it is worth while to ex-
anime whether its impartiality may not be
secured, and its effectiveness increased, in the
manner heretofore suggested.
A hating and timid reform is indicated for
the Court of Appeals. Its altered compost
ton of seven permanent Judges would be
great improvement ON its present variable
character, besides embodying the excellent
principles to which deserved prominence is
given in a special section of the report touch
ing the Supreme Court, that no Judge shall
sit in review of his opinion-a principle so
essential to the due administration of Justice
that it is wonder it was ever disregarded,
But the censure which this anomaly has
brought down on the present Court of Appeals
is far less grave than that provoked by its
tardiness in disposing of business. Only pro-
fessional men and their suffering clients can
form any idea of the manner in which this
delay of justice has often become equivalent
to its denial. Nor would permanent session
of court so small in number cure the evil even
If it were possible to add that burden to the pre-
sent exhaustng labors of its members. The
time required for mature consultation and the
preparation of opinions forbids the idea of
continuous hearing of arguments, which seems
to the unintiated simple remedy for DELAY
The true cure will be found in increasing the
number of judges to double that proposed, If
necessary, and classifying the causes brought
for their consideration. Let a large Conrt
of Appeals be divided into two or more sec
tions, each of which shall decide upon a par
tloular class OF cases, discrimination being
made between those of legal and those of euui-
table nature, or between those brought from
different localities, or between those now
known as preferred and those known as ordi-
nary cases. And let the different sections
alternate in the trial of these different classes
The increased expense of salaries is not worth
considering for moment where interests SO
important are involved. Is it fair that the
State should save itself the cost of an expe-
ditious administration of justice at the ex-
pense of its citizens, who, as suitors, are
ruined by delay
Yet the report regards this difficulty as so
insuperable that it intends to perpetuate it.
The plan for commission TO clear the arrears
of the present calendar is necessary, and the
proposed selection of commissioners judicious
but can no better expedient be devised
than its renewal as often as the mischief grows
unbearable encumbering the machine of JUS
tice with ffth-wheel, to be set spinning at
intervals of ten years because the other four
are not large enough
With regard to the Supreme Court the re-
port recommends certain changes which are
only changes, and others to be commended as
improvements. There is no great difference
between the present arrangement of eight
judicial districts, each, except New York, con-
tanning four judges, and the new division into
four departments, each subdivided into two
districts with eight judges to each country
department. If tits intended to distribute the
judges unequally among the districts, accord
ing to population, there is some reason of sym-
metry for the change. And the increase of
the court sitting in general term to four Judges
instead of three, is an improvement. But SO
long as 1t required that general term should
sit in each district the present serious incon-
venience of conflicting decisions in eight sepa-
rate independent jurisdictions remains uncor-
rected. The Pennsylvania system of single
general term passing from district to district
seems preferable. When we come.
however, to the reforms offered for the city
of New York, we find something to
approve, though rather as to kind
than as to degree. Although it might be
better to treat this city, containing nearly
one-sixth ofthe population of the whole State,
as single department with eight or ten
judges, instead of a district with only the
majority OF those ten--for according to the
plan, there must be at least four Judges to
make General Term in the other district
yet even this increase in the judicial force is
boon TO be thankful for, New York citv
now mas IN its Supreme Court and oourts of
nearly similar jurisdiction fourteen iudees
the report gives it sixteen, more eoualIv dis,
trlDuteo among the different courts-a vel
Colne Sooltlon to the number of Judges
tnougn py no means a asufhcient one. we are
aware tnat much OF the delay in the trial of
causes IN tne city might be prevented bv
olnetens arrangement OF business in The
courts, and that very much Of II e charra'
able 70 the procrastinating habits Of the Rsr
which no legislation can amend; vet = Sa."o, Dai,
increase In the number of Judges. eont,;sse5
with their equal distribution among the sa.'e
raj courts, would promote the sxpedition,
administration Of justice.