The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-23
Tho Now Judiciary Article OF Our State
Constitution.

Constitution.
As it appears that the proposed new
Judiciary article Of our State constitution has
received majority of the popular vote Of the
State, we reproduce it In full In another part
Of this paper for the information of our readers.
1t is a matter of very great Importance, closely
touching the interests of all classes Of our
citizens, and we think the amendment adopted
promises many wholesome and enduring
reforms in the administration Of justice,
from our lowest tribunals up to the Court
Of Appeals.
Some American Disraeli may find material
for book to be entitled 'Curiosities of Ameri-
can Voting" in the returns on this Judiciary
article. The voting on 1t is distinguished by
the utter obliteration of party lines and by
curious ebullitions Of sectional expression.
Thus st. Lawrence county, on Lake Ontario,
which is extremely radical, gives six thousand
majority against the article. New York city,
ultra democratic, gives about forty thousand,
but there was also here republican move
ment against the article; Rensselaer, county
which is alternately democratic and republican,
gives but very few votes for it. The adjoining
democratic county of Albany, on the contrary,
gives very few votes against it. Essex county
gives very few for it. The republican county
Of Otsego goes decidedly against it. Very
few votes are cast against it in Onondaga
county, where the majority for it is eleven
thousand. both parties voting for it almost
en- masse. So much for the gypsum giant.
The Republican State Convention, in its
platform, goes for all the constitutional ques-
tons, including this Judiciary article At the
Democratic State Convention Messrs. Hall,
OGorman, Tilden and Craig of the Committee
Of Resolutions, voted against the amendment.
Mr.. Cassidy and ex-Judges Comstock and
Hand voted for it. The Convention in its reso-
lutions, however, repudiated the Judiciary
article, along with all the other constitu-
tional schedules. But the democrats seem
to have, in various localities, repudiated
their platform on this subject. The
amendment is adopted by several thousand
majority. Probably fifty thousand democrats
have voted for it throughout the State Thus
whole article disappears from the old consti-
tuition and the new article is inserted In its
place. Very possibly fve-eighths of the voters
had not the remotest conception of what they
voted about on this thing. We therefore think
it well to let them know what has been done.
Three-fourths of the old Judiciary article has
been readopted. Abo ut one-fourth is new, but
this one-fourth is very important. There was
a decided African in the article, and the fifty
thousand democrats supporting it have fallen
into the trap which was set for them by some
of the abolitionists in the (republican) Consti-
tutional Convention. Women and negroes
were substantially prohibited by the old consti
tuition from being lawyers. 1t confined admis
sion to the bar to male citizens. The equal
rights" engineers of the Convention have
stricken out all reference to this business, and
therefore left it to the Legislature to settle.
They counted on the Legislature being radical
republican, 30 as to give the women and
negroes chance for statutory permission to
practice in our courts. The whole matter of
lawyer admission is thus left to the Legisla-
ture, which, 1t is to be hoped, will act wisely.
The Supreme Court of the State is left I'M
touched by the new article, except that when
any of the present judges reach seventy years
of age they go out of office, and that future
elections Of judges shall be for fourteen years
great Improvement. The judges now in
Office, except when they reach seventy years
of age, will fill out their terms. Instead of
there being General Term of the Supreme
Court in each district-eight in number now
there will be only four hereafter, and the Judges
who hold General Terms will be selected by
the Legislature. Thus probably General
Term will be selected for New York, Long
Island and Staten Island, with two New York
justices and two from Brooklyn. They would
have to give their whole time to it, thus rem
dering additional judges necessary, unless the
Legislature assign some of the justices for their
courts in this city to help do Supreme Court
duty-a permission which is given in the new
article.
Tammany men may learn, as a soace for
their disappointment in not beating the Ju-
dietary article, that it secures to them three
additional judges Of the Commo Pleas Young
lawyers will take notice. There is to be an
entire shutting Of the Court of Appeals cards.
The present court is continued for three years
under the title of General Commission. to
finish up all cases which were on the calendar
last January, about thousand in number A
new court is to be elected some time next
spring, to be designated by the Legislature,
which will also probably designate town meet
ing day. The new court is composed Of seven
judges chief justice and six associates,
modelled after the United States Supreme
Court. Judges Of the Supreme Court, there
fore, no longer sit on the Court of Appeals in
rotation as now, and the absurdity is no longer
presented Of q judge in higher reviewing his
daciaiana do In q laIrar trihnnal