New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-01-09
REFORMS IN THE COURTS.
PLANS TO REMEDY PRESENT EVILS.

OF THE JUDGES AND THE sHlRKERe AMONG
THEM
The expensive system of conducting the courts In
this city and schemes TO do away with the evils tnat
are known to exist are now much discussed among
lawyers and other persons whose interests most
deeply affected. The whole matter has been stirred
mp by the proposition recently brought before the
Bar Association to unite the Common Pleas and Su-
peror Courts with the Supreme Court, transferring
to the latter court the Judges of the others. The
evils most complained of under the present system
are the excessive delays in litigation and it's expen-
sivencss Not only each of the three courts men,
toned. but also the Marine Court has ITS distinct
clerks Office with its separate records and large
corps of clerks to look after them. Many OF these
clerks work hard and fully earn their salaries.
Others do very little except to draw their salaries
1t is certainly true that in many instances tie hard
est work is done by the men receiving the smallest
pay.
There is q number of subOrdinatcs in the Office OF
the clerk of each court whose duties are merely
nominal. They have secured their places as pOti-
cal rewards and the places are pre- served for that
purpose. 4 still more useless cause of expense is
tie large number of court officers Every court
room where Judge is sitting has several Of these
attendants When their particular court is not in
session. as it IL not for large part of the time they
have absolutely nothing to DO. When it is in ses-
sion they are supposed to lock after the conduct
OF those present and see that no undguiiied or dis
turbing occurrences are permitted
WHAT The LEGISLATURE MIGHT 30.
Il is argued by those who are urging economy in
the courts, that there several ways easily TO Top
off these unnecessary parts of the court machinery
The first and simplest is merely for tho Legislature
to run its pruning-lnfe through all the courts and
cut of every unnecessary ranch without changing
the present form of the courts themselves. Every
courtroom requires crler; but that crlcr can, III
addition to his other duties, easily perform all the
work that is supposed to dcvOlyc upon the
other court officers. and in tins manner these addl-
tional officers could be dispensed with. A strict
inquiry could also be made in the clerks Offices to
see how many clerks it would be necessary TO retain.
1t would probably surprise the Legislature if its
members should learn by personal observation how
many sinecurcs have been allowed to remain since
the days when they were so easily created for
political purposes.
Tho second and more radical plan proposes the
abolition of the superior Cont and Its union with
the supreme Court; the abolition of the Marine
Court and the union of its jurisdiction with that Of
the Court of Common Pleas. The advocates of this
Plan say that it is necessary to have in this, as in
each of tho other counties Of the STATE in addition
10 tho Supreme Court another one having the iuris
dictlon of the ordinary County Court tbs need
would he supplied by the Common Pleas it could
easily manage the additional business of the Marine
Court especially II does not at present have suf
icent business actively to employ its Ju lgcs or It's
officers. With the additional Judges that would
come to its bench from the Marine Court even if
some Of the judgeshps dropped at the eXpira-
ton Of the present terms Of Office. the suits 10 be
brought in both Courts it is argued, could be moro
nd uuipkiV dis Dospd and fbs q
would be greatly lc4sened. There would be only
ore clerks Office. with more clerks than one Of
them now requires, and the number OF ordinary court
attendants would necessarily be lcSscned greatly.
The union OF the Superior and Supreme Courts
would work like results. Ono of the great en-
barrassmcnts in the Supreme Court has been that
has had too few judges 10 keep the courts in run
ming order. With Its Immense business it has only
five Judges while each OF the three courts has
six. Consequently it has been necessary for the
Governor each year. not only TO assign Judges from
the Common Pleas and Superior Courts, but also
others from the interior of the State 10 sit In
Supreme Court here, and tho city has had to bear
tho additional expense. IL the Superior Court
Judges we're brought down stairs and put on the
Supreme Court Bench it would give chance to
abolish three of the judgeships and still leave the
Supreme Court fully supplied. If then tho re-
modelled machinery Of the Courts were properly put
and continued in operation, there would appear TO DO
no reason why the business of tho Court should be
allowed 10 run behind.
Under this scheme there would be two General
Terms to hear all appeals, aud 1t would probably
give them sufficient business to keep them moro rea
sonably busy than at present. Under the existing
system the Supreme Court Judges, who are assigned
for the year TO sit at General FERN do rot sit for
that time either at Circuit at Special Term. They
are not actually sitting four months OF the year. aud
competent lawyers say that the real work required
TO examine, determine and write opinions upon the
questions brought before them would not occupy
moro than two additional months Of suca work as
an industrious lawyer is accustomed to give to tho
cases in his office. It does not seem to be
the fault of the General Term Judges that
they do no moro work for they do all there is to
he done under tho Present system, and sit
few days In the year Mt Oyer and Termner besides;
but the advocates of this proposed change argue
that it would at all events give them
no more work than they ought reasonably TO be
asked to do.
THE PLAN PROPOSED BY JUDGE RMOTT.
The third plan of reformation Of the courts is that
proposed by ex-Judge Emott at the last meeting of
the Bar Association. This is to allow the Marine
Court to remain in its present condition. and to
unto the three other courts with the Supreme Court
Thus, 1t IS SAID, the Marine court eau care TOT tho
thousands OF little cases with which the calendars
Of the higher courts ought not to be encountered,
a,L at the Same time tribunal will be afforded
wrro cases may be pushed to trial without the usual
delays. II will also preservcts original jurisdiction
over certain classes of marine litigation. Then the
seventeen Judges of the three other courts could sit
together on the Supreme Court bench. To meet the
embarrassment OF only one General Term six OF
the Judges might be assigned To duty there three
to sit during alternate months for nine months OF
the year. The other eleven Judges, at
chambers special term aud circuit conld
manage without difficulty all tho cases
upOn the common calendar. The strongest objcc-
ion this Dlau that 1 WOuld emhl,raSS