New-York tribune., 1884-01-28
DELAYS IN SECURING JUSTICE.

The inability of the Court Of Appeals to clear
its calendar for the year 1888 IL attracting inc
of LAWYERS in all parts OF the state lhiS "o"
amen ed for the first time al INC Gu -.
the year 1882. There remain ut inc pesinn',
~ tIrs wear more than $50 causes from the oiu
,aoudar that are still mdisposed Of The chehu" % ~,
the uresent year will contain 729 cases, when S i-
more than the court started with last year. Ihe oo"
bilities therefore are that If no mode OF rehe
the number of causes remaining undsposed vi III i
wears will more than equal those passed upon w Wv
court in single year. The consequent delay wOuu 'ne
continne TO become more and more serious ma,
for The cou RI il composed OF seven Juuses
They have indicated disposition to shrS OF " 'sA
that their labors he made easier But they are no"
ing 10 the full limit Of their powers and time' Ns ton
eraIly recognized fact at Albany that the pressure VI W
dut,es upon them is constant thet nearly d" s"'"
gatherings must count upon their absence Inc
,ivelv recent deaths Of several Of the judges o.
~ o+ri,,od tn overwork The health OF at least one Of
te nresent bench has broken and he has almost os' 'e
use Of his ewes All Of them have been OVcitaskeu'
anpontments Of their rooms in the new Cap'oi ''u7
are agreeable and elegant But each JW's'
feels the necessity for pnVate ioom "
he can work by himself undlsturDed or uou"o W
his stenographer Work as diligently as theS may
scarcely possible for them properly to dispose oi oo
than 500 or $50 calendar appeals in year. Ihe ahu"
number now pouring in upon them far exceeos 'ho '
its and continues TO increase each year. r.,
The remedies that have been suggested are many i0
LAWYERS appear entirely to agree upon wa' Is 'no oos
one The court itself has taken no cilciai ac"on ~
The matter Almost any form OF enectuh Ioi'e!
viii rcouirc a constitutional amendment, which Wouiu
have IN no acted upon hy two Legislatures some OF 'c
iudces say that they viii take 10 united acon ts
nut alter studying the temper ana wishes OF the pI anu @
neope durng This year. and also the various PtiS I,O
posed probably will make some recommendation 70 'Ie
Legislature next year. 1900,
THE CHIEF JUDGE AGAINST RADICAL CHANGLS'
,irifov
hanv few DAYS ago. said in speaking on this subject:
se Increase in the number OF upon oar caien-
dar il accounted for in large part by the natural IN
crease in the volume Of business and the increasing nun
Der of appeals from orders. Whatever plan OF fehe' i
odopted il should not be radical or revolutionary one
That is one OF the difficulties with ~ in this country; we
are so Iely TO adopt schemes that nothing acquires
ucr1nonncv We were given entirely new judicial ss
tenn in this state in 1S4 and we have not yet recovered
from the effects Of that, will we cease 10 ieel tAe
for forty or fifty years There must
he tribunal Of ultimate authority ana the less that
is disturbed by changes the greater VIII be the respec
paid 10 its decisions. Peunauence in its duration and
uniformity in its determinations are the most dehapie
requisites in a court OF final Tesort.
hc increase Of business eventually VIII require some
form Of relief but do not think the public have now
anv lust cause for complaint for delays in the court
zone mode OF relief but that is not at all popular
would be TO raise the involved on which appeals
are allowed from $500 TO $500 This would undoubtedly
have decided effect in cutting off a large number OF
appeals; but the cry would be raised At once that this
was rich mans court, court for the city OF New
York. Although, by the way, there Is mistaken lhlcS
sion on that point for as matter OF 1act there are
nearly l. not quite as many small cases come mere from
the metropolis as from the of the state. We had an
assessment ease from NewYork last year, upon which
counsel argued lcngth where the actual amount involved
was 81 OF and several Others where ii was less than 500
But this mode OF rehef by Increasing the limitation is so
unpopular that the Legislature IS not likely to aid us in
that way
Il think this: the court constituted is able 10 take
care Of 500 year. There viii be from 100 to 200
more new causes than that put upon the calendar each
January; that gradually there VIII be an accumulation
that the court unaded cannot dispose Of Now, II the
court was gwen the power to determine when outside
aid should be called in and a commission or additional
court put into operation until had cleared of the ac
cunuIaon then II could he dissolved and the court re-
sne its ordinary work III its present manner Supp0se
for instance that eleven or twelve new judges nave
een added TO the Supreme Court bench Of the State,
mat by constitutional amendment this court or the
Governor the recommendation OF TINS court Should
have the power to call To us ana SIX OF lhe supreme CO'
Justices Then let four members OF our court hlt Wtn
three these Supreme Court Judges ana three OF us win
the remainder. Thus would he enabled 90 have tIo
court continuously in session, either by one DIVISION on
the other, aud thus me accumulation Oi psns9 Tn
wnen that had occurred, the additional judges could 90
snnfher accumulation required their help. think the
effect OF this plan would be beneficial both upon
court and upon the lower courts We should be much
more likely 10 reach unity OF action
TWO SUGGESTIONS BY JUDGE ANDREWs.
Judre Andrews said: "In my Judgment, any plan for
the relief of the Court Of Appeals should embrace two
features: First further limitation Of the right OF ap
neal to that court second constitutional amendment
authorizing the creation Of commission from time to
time as the exgency arises dispose of any accumua
ZION of causes on its calendar The interests OF the
public and OF lincants will, think, be subserved by
taking away the right OF appeal III snall causes. "A
Iln atttu
suggested viii render 1t unnecessary TO have
a cOnstitut onal amendment On cdcn recurring
occasion for relief
JUDGE DANFORTH FAvORs A HIGHER LIMIT.
"Tne difficulty" Judge Danforh said "might, think
he removed by substituting the word thousand In place
Of the word hundred in Section 19l subdivision g. OF
the Code of Civil Procedure No appeal could then be
taken TO the Court of Appeals from decision granting
or refusing new trial where the matter in controversy
was less than So 600. The line Of exclusion would OF
course he arbitrary one bul so II that now eAst-
ing A suiteT whose claim falls Del0" 5000 nnds Tue
door closed against him because the interest OF le oa
requires that 10 such cases thcie snOu DC m eH" Vi
lit may DO better enlarge the class rather than delay
all sutors aud diminish controversy instead OF adding
judges multiplying appellate courts II Is dlhcuit 10
SOC how any harm could from this limitation. The
defeated party would have had his opportunity IN Tue
trial court again NJ the Special Term and again in the
General Term aud that court would also have power to
allow an appeal all eases where question OF law was
viewed The question Is one O cXpcdencY ana concern
ing it people will differ; but although in theory the
courts are open always and open 10 all, the Legislature
has sometimes prohibited citizens from becoming sdors
even courts Of original Jurisdiction and sometimes
from having the first decision reviewed and in other
cases review prevented because The dissatisfied suitor
cannot comply with the statutory conditions which
further appeal is permitted"
JUDGE RAPALLO FOR A COMMISSION.
Judge Rapao said: 81 do not think there need Of
immediate action, but probably the relief
reached the accumulation OF business Will require II. II
the work OF some of the General Terms was
more thoroughly and carefully done 1t would prevent
many OF the appeals that now come 20 us. The
number of appeals orders Is almost TOO large some
Of them upon the most petty points Iboeye the best
mode Of relief would be by commission TO be called to-
eether whenever there should be necessity for IT, and dis
missed when tho extra business had been disposed Of
For instance suppose commission 10 be appointed thee
or fonr year, from now under a constitutional amend