New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-22
NETWORK.
THE NEW CONSTITUTIOE-AN APPEAL FROM THE
MEMBERS OF THR BAR.


MEMBERS OF THR BAR.
ALBANY, Oct. 2l.-At a meeting of the mem
bers OF the bar numerousy attended to-day the follow
ing named gentlemen appointed committee 70
prepare and report address TO the people recommend
ing the adoption Of the Judiciary Article OF the Anon
Constitution: Geo F. ComstOok, VIM. NJ EVarts franolS
Herman Ira Harris, Daniel Pratt John H. heYhous' ''
Ganson Joseph Mullu VIM. A. Beach, Charles Andrews
Hiram Gray, VIM. A. Wheeler. Rufus w Peckham' ara
Joshua NJ. Van Colt -,
The Committee reported the following address, which
was unanimously ADOPTED
The importance of the Judiciary Article OF the proposed
Constitution would have justified much earlier and
fuller consideration than can now be given to IT. The
however, the brieest possible manner TO urge the
According to the act Of the Legislature which provides
for the submission Of the new Constitution the ballot
which 10 be east for against the amended Con
stnton is not to ne counted either for against the
Judiciary article. For that article separate vote is
will decide the question Of its adoption. The subject
itself is entirely distinct from the general body OF the
or associatons separate has therefore, wisely
been provided for The ballot for that purpose viii De
Committees, and the immediate practical question Is
shall deposit affirmative vote as to this particular
proposition IL viii be seen at glance that thlS arucie
may be adopted by the use OF the affirmative ballot on
tho ay OF the election and neither the vote nor the re-
suit will have the least influence upon any Othei ques
Beyond all doubt the intelligent sentiment OF the
bench the bar and the people is 10 dsyGr & which
noticed are few, well slight and unfounded unless
II be serious that the proposed system aoes
not actually substitute the appointment of judges IN the
place OF election by the people To tins we answer na
ing system with an entire new Dehch OF luages
an the highest court Nopocal party VIII Iitt tg
patronage. 1t is therefore wisely and thonghf9ly pro
Court Of Appeals shall be by the people and that
minority OF the judges snail De yoiueu 70 taS PaIty
which shall majority OF the votes AT the same
time in Difference to opinions Of many intelligent
citizens in both political parties the Article, suopted,
submits the question in the year 1873 TO he Whoe people
of the State whether pacIneies In the judicial oce as
they may thereafter occur shall be filed by election or
RppSntment That will be favorable time Tor decidlng
the question. The immediate patronage Will De sght or
none at ALL and the change, II approved VIII De gradual
TO the decision them be made, all individual opinions
and wishes must bow In any case, al the e1lstns
i've terms and new elections or spPoln m & az Sne
people shall decide, viii be mad rom tune 10 tc a. va
that this is the best which can be done with ques-
ton which so much divides public opinion.
Passing this point which has attracted considerable
attention It is not purpose TO examine other ana
more trivial objections which have been sometimes sug-
e,ted our wish Is rather bring the true sentiment
and opinion of the public into action, so that mere mat
tenton ignorance and possibly prejudice may not ooca
sion the defeat OF generally approved and
urgently demanded by the public Interest ns
adoption OF the Judiciary Article, only express con-
vction shared by all classes OF lntegent people We
have one of the worst the worst judicial system
in the world In the court Of last resort causes are more
The rich and the poor alike waiting for justice in
that tribunal, and waiting IN vain It's decisions are
annually Changing The bench is occupied in rapid sue
cessiOn by Judges of opposite opinions and reeoneabe
The Supreme Court presents the spectacle of Judges
al over the State reviewing ther OVID oecSSns mat
dispersed eight district or local ORGANIZATIONS where
the appeal from Judge to the same Judge and his
two or three associates each sustaining the other and
being in turn sustained. The want OF searching,
evil and such review cannot be efectually secured
under the present organization Of that Court: s
totterng for want Of a broader basis IN the County
Courts We have in these courts vast judicial force
powerless and useless because they have no common
law jurisdiction and therefore cannot take cOgnZance or
mass of litigation springs For this the Supreme
Court overwhelmed and degraded by petty local CON
trOverses which ought 70 be disposed OF IN the local
courts For this reason also, appeals are multiplied 70
which that Court is bopelessy sunk
The Judiciary Article by its provisions relieves these
rs adopt il because it is the best attanabe
let improve hereafter when the necessity OF further
Improvement shall become apparent II we fail to adopt
IT, there is hope OF change Improvement for many
years The inherent difficulties attending the
subject are always Of the most serious character II all
could agree another system It VIII take years TO
put it in force But such agreement is hopeless 40 Two
in its different details 1t possible that better Article
than the proposed might be framed but We DIS
cover in plan carefully adjusted TO admitted wants,
wise adaptation TO existing public sentiment wise
bearings, and many judicious and fundamental re-
To give practical effect to these views which be
heve generally entertained beg leave 70 suggest
the following form OF the ballot, 10 be prepared and
issued by the local Committees both political parties
1Op the outsidej MISUNDERSTANDING"
(Within) "FOr the Amended Judiciary Article"
We beg leave also 20 say professional brethren
throughout the State that this subject which lies
peculiarly within their knowledge and experience, aud
that they have in 10 peculiar interest. Upon ques
ton WHICH 50 deeply involves the adn9traon OF Jus
We ought sink the politician and become the nte
gent and upright guide TO public opinion and action.
Let therefore, assume the responsibility ana e1er
else the influence which, in the situation, Justly belong
10 u.s. II the views have suggested meet with gen
sra approval the members OF the bar should In every 10
UAly the ballots and give their personal attend
ance at the polls
ALBANY, n. Y, Oct. 21.-The Attorney Gen
era has written 10 the Clerk Of the Board superyisors
of Kings County that is Of opinion that the ballots
cast for aud against the amended Constitution in New
York and Brooklyn be canvassed by the Board Of
District Canvassers ether ballots cat at the ensuing
election are required TO be eanyassed
At a meeting of the Board of Police Commits
slOners yesterday the following resolution adopted
,solred That Of Board requested
promptly practicable their opinion whether the votes 70 be gwen
the amended Constitution aud SPECIFIED parts thereof must De
number thereof certified and returned by the Inspect
OF the severa Election Dct. sAl OF 'n m
say oshvaed and certified BY The San'Asse OF SAID Election
Districts spponted under Chapter sI Of the Laws 1906
THE sURROGATEs OFFICE-MR. TUCKER DE-
CLINEs.
70 the EdftOr Of The Tribune
SIR: Please allow me space in your columns
to say that respectfully decline, with many thanks for
partaty me. the denominations for the once
OF Surrogate rendered by several political Conyen-
tons expect 70 the practice OF my profession
the lst OF January next and not candidate Tor
any Office at this election. GIDEON ]. TUCKER.
heg York, Oct. q, 1869.