The New York herald., 1873-10-04
COURT CIRCULAR.
Litigants' and Lawyers Opening
Day in the Metropolitan Tenn
pies of Justice.
CHRONOLOGY AND CHRONICLES.
The Lex Scripta and the
Lex Non Scripta.

in full blossom. During the summer there have
been juries In the civil courts. Only section
OF each Court has since June 25 transacted business
This was the one in which lawyers argue applica-
tions for or against the million and one sechnf
calities in that during their march to the
jury box, or for or against matters which, like
mandamus, Injunction, arrest, attachment and
the like can be heard in primary
stage before Judge and require de-
spatch-all litigation, in short, which did
not demand speed; Tor, strange as 1t may seem to
layman's ears, the laws delay sometimes fret law
yers and quite often is superseded by railway
velocity. Summer Is the time wherein some
attorneys set traps TO catch rusticating brethren
and tourizing litigants; but with tue advent OF
October all traps will be upset and the cheese
pared out, While the entire machinery OF the law,
with Its myriad revolving bands, all catching upon
the single reel OF the constitution, goes into the
fullest operation.
Indeed, the first Monday OF october is as much
opening day with lawyers and judges as with ladies
and modstes. Our corps OF reporters, however,
will find the Court House, that has been rendered
SO notorious by Andy Garvey with his fresco work
above or In the witness box, radiant with bar
smiles-not little OF morning bitters included
and crowded with jurors witnesses, litigants and
cid and young lawyers and their clerks, to hear
that expressive announcement-"Gentleme at
tend the call OF the calendar.n This calendar
is 10 the Court Clerk and Judge what
the share list Is TO the broker or the
blotter to the merchant. The moment
a contested application suit is ready Tor hear
ing, one or the other OF the respective attorneys
place its title on calendar, which is court cata
logue arranged by numbers in the order in time
which 1t owns from the date Of the issue joined
First come first served is maxim IN the Clerks
anfo Quf fhaca
numbers lawyer, and nearly always litgant
can in each Court identity his case. These caba-
listic figures, which appear in the HERALD almost
daily therefore possess curt meaning to the
initiated, much so as II, Al to the lottery gam
bier. When the calendar is called eacn day only
a certain subdivision of the consecutive numbers
appears. Each lawyer should have a representa-
tive to answer the call. He says "readyn or mot
ready" In the majority or cases the latter leads
to sub-arrangement Tor future day between the
attorneys each OF whom are continually in each
others power OF courtesy or dscourtesy, ike
brokers' II there be a disagreement then the
mot ready' is referred to the arbltrament OF the
Judge who is usually not very hard, since he re-
members Il was once when practitioner in a like
predicament and the fellow feeling will make
him wondrous kind In about an hour OF wrangle,
buzz and arrangeme ent the cases ready are known
and the s.gone otfsn found out. Then the crowd
move OF TO another day, and usually by about noon
the Courts present slim attendance; only
the parties, lawyers and witnesses and
few jurymcn remaining inside. Any lay
man who has been much at court between
e.even and twelve O'Clock will agree that some
specific arrangement ought to be made in order to
save the daily hour OF .wat'' while jurors are get
ting excused witnesses waited Tor or lawyers ar
ranging matters that might just as well be disposed
OF beforehand IL the Clerks oflce or the judges
private chambers. The aggregate amount OF time
absolutely wasted in courts each day would foot up
to months annually. one can only liken the pro-
nIIpn hat hn1iO nnhf fhn nHnr1 uvhn an
carriage blocks the way OF long line. Lawyers
and lltigants may afford 10 suffer this; but the
juryman and the innocent witness cannot. legal
gentleman informed our reporter that the average
loss OF time TO each witness would be about eight
diverse DAYS 10 the suit ne was suppnnaed in. Inc
witness may be waiting the next casen This
may break down by dismissal OF the plalntin on
some sudden law point "a procedure known as
day or more. Nevertheless, Mr. Witness must
wait the throwing OF the dice. Generally during
all this time Mr.. Witness in a next near case
has TO play waiter without getting the wages Of
one. IL speaks volumes for the sagacity OF sam
blessed eyes and witness nothing.n To this day.
IN italy, II passer by comes suddenly on trouble
he runs away lest he should see It, Or
having observed it, be detained unduly. The
dear and dumb or the bind possess much compen-
sation IN release, not only from jury but witness
the lawyer in the long rum Legislatures inll Of
lawyers may modify the "oppressor's wrong' or
but never the 'law's delay The same broker
who Is carrying 100 shares OF Erie Tor one customer
long Is supervising another hundred for some other
4 speculator who has sold short Law offices are in
| Ike mode always both sides OF the litigation
ket. For some. plaintiffs they press for
| are defendants they are aieit for the
postponements and delays which often benefit
the debtor or the malicious and stubborn resistant.
Could law be passed authorizing licenses to force
lawyers 10 select the pro or con side OF suits which
! they would prefer upon being called to the Bar,
\ then the evil might be checked. The pros would
never be silently countenancng con tactics which
they might wish next week 10 embrace, nor by
frlrT ha nd
4 row. Indeed, usage puts lawyers into just such
| grooves. One prominent law ofiice We can recall
IS nearly always bringing suits; another is
noted for skill IN defending them, and one partner
has acquired local bar immortality Tor skill IN
pUstponements.
There are three Courts Of concurrent Jurisdiction
| In this city, who have opening days tomorrow
| Supreme. superior and Common Pleas. The Su-
| preme Court corresponds to the Queens Bench in
! England, our Common Pleas TO the Exchequer
/ there and the Superior to the Common Pleas In
| London. The superior Court is the youngest
I New FORK court and dates from March 81, 1928.
The Common Pleas is the oldest judicial tribunal
OF the state, holding It's name from about 1891
although II is the legitimate successor OF the New
Ansterdamsh "Worshipul Court OF the schout
bugomaster and schepensn The supreme Court was
first dstinctivcy created with a chic Justice and
four Justices FOR the whole colony In I6gl. Ana
1t Is not little odd that tins city. nearly two hun
number OF supreme judges the superior Court
owes It's existence to the action Of the Common
Council OF 1927, who presented petition 10 the
Common Pleas" At 1rst the superior Court con-
SISTED OF tHfee JUDGES. since 1879 IL mas had SIX
Under the new judiciary article IN the constitution
Qr70l the Common Pleas have six Justices also.
Thus there are seventeen judges In three courts
each under an act OF 1879 possessing equal Juris
dctlon within this county. Practically, therefore,
nave one mammoth city court with seventeen
judges. one would think that with this judicial
force, costing In salaries quarter OF million
annually there could not be much delay
or accumulation OF business. Yet, although
these Justices work upon the Bench during the
day, and during some time OF the evening or night
have To be continually p0iing over briefs consult
| ing flpr4
not enough Judges Tor the mammoth law business
OF metropolis that has really come to be the legal
centre OF the Union, as well as Its financial one.
But 1t should be remembered that at least two
thirds OF the litigation conducted here arises
OF business transacted In foreign countries or other
States. Practically our taxpayers provide Tor
arbitration IN the disputes OF Don-fesidents. Some
have suggested oblign2 litigation 70 pay It's
expenses more and more; but an objection TO this
Il mat II wound deter The Door from obtaining