The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-06
TIE NEW COURT OF APPEALS.
Meeting Of the Judges at Albany and Swear.
ing Into Office.
A New Era in Our State Judiciary-Address q
the Bar to the Court-0pening and Business Of
the Terms-General Review Of the Duties
ana responsibilities Of the New
'udges-Their Present Status Under
the Constitutional Amendment

~" 1esponslbllIues OF tho New
'udges-Their Present Status Under
the Constitutional Amendment
ALBANY, July 4, 1870.
The Constitutional Convention was this morning
h0nored by the converting under the only provision
Of Its work that stood the popular Judgment OF the
new judges who shall for the next fourteen years or
as many OF them by the act OF their creator are
considered mentally capable OF serving. be the
de,nter resort OF justice in the State OF New York
They are an able and digntfied looking body, and
will undoubtedly raise the decisions OF the bench in
this State to the position they occupied when Kent
and Spencer made so honorable the ermne
OF the commonwealth. Removed by the long
term or office that is before them from the
necessity Of appealing to the popular voice. they will
have only the law to guide themsand only their con-
stitutiona oath Of office to influence their decisions
This much the people Will gan-this much the poll
tclans will lose. The oath Of office taken by the
Judge, the following certificate was signed by each
and deposited In the office OF the Secretary OF State
1t will be that it provides tor the termination OF
tie ofcial life Of the judges when the proper age ia
reached and also by the efuxon Of the full term
Stat q E r0,In Of the n, Of
city New York. passed H. 1870 having
been elected - at an election held ls7 and having
Ss apns.tuton ana lay: q iii: State, hereby cs1s
sn% that my viii expire by suaion Of full
term Fl ~ Of the Of in the
In wns ri: hsIs9 have ssr'an'0 signed my name
The ages Of the judges as appear by the certin-
Gates filed, are as follOws:-Church, ftty-fve;
Grover, ffty-seven; Peckham, sixty-one; Allen,
slxty-two; Rapallo, forty seven; Folger fftytwO;
Andrews, forty-three.
1t WIN be seen therefore, by the ages certified
that during the last year OF the term Of the
present Chief Justice the court will be represented
by two democrats and two republicans, the rest
having retired, cursing the constitution by which
they were found nOn.cOmDOS
The meeting of the judges was worthy Of remem-
brance. Sitting IN the centre his large head giving
confident assurance OF capacity ana WISDOM sat the
Chlef his presence calling up the strange variations
OF human av. as memory Went PACK to
the New York delegation, unanimous In consent
and proud in judgment, cast their united vote for
him as the standard bearer OF the democracy in the
then approaching presidential cOntesr-then to
those dark days when the shadow OF death seemed
for months to hover over his inanlmate form, and
now to this quiet, peaceful position, which In dig
nifty aud power caps all others. Doubts have been
entertained Of his health, but those who to-day saw
him will have no fear. He Is equal, bodily and
mentally, to the most onerous duties that his POSI-
ton demands. Peckham, 30 often praised as the
parsOn with his associates. He is OF the men
whom nature seems to have moulded into judges,
destiny. Allen looks The merciu Judge, although
he would tone down the rgor OF the law to a
folger, whose abilities, however are unquestionabIe
The oath OF Office was administered by the accom-
pshed Secretary OF State, the Hon. Homer A. Mel
son. and during the proceedings attendant upon that
necessary duty the bar. who had numerously assem-
bed to honor the future Chief, resolved into meet
ing by the submission OF lew remarks by the Hon.
John Van Schaick Lansing Pruyn, Regent OF the
University Of the s ate OF New York. He said that
1t was the OF bar Of the State present to
gratuatOry to them upon their accession 10 the
proud position they would occupy and to the bar IN
be fulfilled In manner worthy OF the past records
OF State Judiciary and moved that the court set
Chief Judge, after thanking the honorable gentle
men assembled for their kind attention, set dow n
Judge H. Il. DAVIS, late OF the Bench of Appeals
moved that meeting be called and that Mr.. Pruyn
Sumo ,e '" dGerence Mr. Anasa j. Parker was
selected to express to the new Court the high esteem
and regard in which they were held It was Intended
same time with the new tribunal but the absence Of
Superintendent Earl necesstaied an adjournment
until three O'Clock In the afternoon Tor that cere-
ON the reassembng of the court Judge Parker de.
llvered the address, which was responded to by
Chief Justice Church.
AS nothing can be done in this State ow-a-days
without Its political SIDE SO even tins solemn Gere
the uaexPIrea term Of his official life IT., to
as that position will soon expire, the life OF
the commission being limited Mr.. Perrin is anxious
court, who, being appointed by the members, will
probably hold Office for . long series OF years. In
This audabe ambition Mr. Perrin Is said to be backed
by every member of the court excepting the Chief
Judge, who Is understood to be under pledge TO Mr..
Hiram E. sckIes Of Albion. The next candidate,
Mr.. B. Davis NOXOn, OF Syracuse, comes from legal
family most extensively known In the central pOr
ton Of the State and Is gentleman Of rare accom-
plshmens and ability. II Mr. Perrin Is not to be ad-
Vanced and the Chief Judge is not placed In the
same position in regard to appointments that
Hoffman was last winter-previous pledges
Snd Ss that Me- TO be e
The Rochester district has up to this time kindly
offered to relieve the rest OF the State from the cares
any section OF our population, 1t Will be only exer
cising reasonable generosity to consent to relieve
any gentlemen Of that neighborhood from the pub
lie service. AS 1t Is also stated that Champlin
attorney tGeneran Miller insurance Department.
and sickles tAppeals. Clerk aspiranp have formed
might be rather close corporation.
ORDERS OF THE COURT.
Ordered That term OF this Court be held at the
Capitol, in the city Of Albany to commence on
Tuesday, the 18th day OF April next and to continue
until the first day Of May next with such recesses as
the Court shall from time to time direct.
Ordered, That causes noticed for hearing at the
present term may be heard at the October term
without further notice; and causes entitled to be
heard and Rot noticed may be noticed by either party
Tor hearing at such time. Il. .. PERRIN,
Clerk Of the Court Of Appeals.
COMMISSION APPEALS.
In the Commission Of Appeals to-day, all the Com
missiOners present, the following cases, among
others, were disposed OF as noted u,u :.
DellGve Cs. the Neac York Central RdarO1d.-Is
was ordered that the case be advanced and placed
at the head of the general calendar and subsequently
Ridge,;ay U.s. The cttv of Broo11yn.--Motion for
reargument was denied.
THE FTTIc CHAMPIONSHIP.
Tom Allen Receives Forfeit from NIcCooIe-