New-York tribune., 1890-06-01
TO RELIEVE THE COURTS.
VIEWS ON THE CONSOLIDATION OF THREE
OF THEM.

QUESTIONS TO BIZ CoNsI DERED BY THE JUDI
CIARY CONVENTION OPINIONS OF MhNbEi"'
orrur SEw.yoRK CITY BENCH on THE
Union OF THE TRIBUNALS OF CO.
ORDINATE JURISDICTION
One Of the most important bills passed oy 'ho
,os, Legislature and approved by Governor lilh
100. .he ono CREATING the judiciary Convention,
which will hold its first meeting III Albany oh
Tuesday This convention is the outcome ot mhch
d;souss;on concerning the advisability of amending
tho Judiciary article Article vi Oh the state 'oh-
st,ts,tion The scope of the conventions inquiry
and recommendation is as broad as IL wei can
bc Every court in the State will he more or less
affected by it, Three extremely Important ques-
tions however. will be thoroughly discussed.
These are the proposals 70 consolidate the TWO
sections Of the Court of Appeals into one court
consisting OF fourteen judges; to increase ihe
number of Supreme Court judges ana 10 uhic
the Supreme Court OF the First District the Court
Of Common Pleas of New-YOrk County, ana the
Superior Court of the City Of New-Nork.
The convention will contain many of the most
eminent LAWYERS in the State. There will also
he among the delegates men who are not members
of that profession and the following list Will Show
the conventions representative character:
Yst Judicial District--Joseph ii. Choate, Will
lsm r Hornblower, James c. Carter w. Bourkc
Cock,an. Daniel c. Rollins, George iloadly, f. r.
Sbe6ard and Frederic K. COudert. all Of New-l ork
ia Judicial District-(ieorge c. Reynolds, OF
Brooklyn Thomas f. Fearsall of Brook
lyn: ode Close, of Croton Falls; GAVIN
Frost, Of Peekskill: Lewis T. Carr, of Port JervlS
and Homer A. Nelson, OF Poughkeepsie
I'D Judicial District-Francs II. Woods of
~
/. Townsend, of Troy, and j. Newton Fiero' OF
Kingston. -
IVth Judicial Districts. AlonzO Kellogg, OF
Plattsburg, Artemas b. Waldo. of Port Henry
Leslie w Russell. Of Canton, and James w. Whit
man, Of Sandy Hill.
Vth Judicial Dstrict-Ex Senator Warner
Miller. of Herkimer; Daniel G. Griifen, of Water
town: Maurice l.. Wright, of Mexico, and Charles
d. Adams of Utica.
With Judicial District-Francis r. Gilbert, Of
Stamford Douglass Boardman, of Ithaca; Albert
C. Tenant, of Coopcrstown, and Gabriel J.. Smith,
of Elmrs.
With Judicial District-Georrc F. Danforth
Of Rochester Thomas Raines, of Rochester; D.; James
g. Smith. Of Canandaigua, and Michael a. Leary'
of Penn YAM
With Judicial Decentralization Ward, OF
belmont: Wilson $ BiSse. of Buffalo; George
Lock port.
THE TWO PARTS OF THE COURT OF APPFNS
few years ago. when the Court of Appeals
became conCested with business so that litigation
was much DELAYED, a second part formed by
-aking seven Judges from the Supreme Court Bench
This second part has coordinate jurisdiction with
the first part and it has been feared that the de
cisions Of the parts would conflict. although so
far this has not happened. The proposition now Is
10 consolidate the two parts into one conrt, some
Of the Judges of which Shall sit all the time
While those who are the bench are hearing
cases those who are of are 70 be writing opinions
and vice versa.
The taking away of seven Supreme Court Judges
70 form the second part of the Court Of Appeals
badly crippled the former court. so that now there
are no more Judges in the Supreme Court than
tber, were in Is47 although there is about four
times as much business.
The question OF the consolidation of the superior
Court of the Ist District with the Court OF Com
mon Pleas of New-York County and the Supreme
Court of New-York City is the ono Which VIII
probably cause the most discussion in the con-
ycntion. and it is by far the most Important OF
the three to lawyers and litgants in this city
AT present these three courts have co-Ordlhate
Jurisdiction as far as New-Nork City is concerned,
the Supreme Court, of course, having State Jafls-
tirt1On
consolidation that the present arrangement hinders
legal business On the other hand, IT Is sald nv
those who oppose consolidation that not so much
work conld be done in one court with nineteen
udpcs as .hrrc could be in three courts with the
same number of Judges At present there are
rominally six judges each in the Court oi common
Pleas and the Superior Court and seven IN ue
Ist District Of the supreme Court; but, as Judge
Inrraham, from the Superior Court, ana Judge
Beach. from the Court OF Common Pleas are
sitting in the Supreme Court, there are actually
only five iudces each in the two last-named courts
and nine in the Supreme Court.
ARGUMENTS on BOTH sIDES.
Notwithstanding this, the Supreme Court il
much further behind in It's business than Tie
other two courts and it is contended that by
consolidation the work would be cqualized among
nineteen Judges and consequently litigation would
be expedited. Others contend that 1t would be
dangerous in a city such as Ncw-Yor< not u have
two courts or more Of coordinate JURISDICTION
They suggest that although at present there is No
crvino need of two such courts, still there have
been times in the past when the city would have
been in an exceedingly helpless condition had there
heen only one court where q certain class OF cases
could be brought
The following interviews with the judges III
the courts which viii be affected if the consoAdt
ton should he carried into effect have been care
fully prepared and corrected by the dliiereh'
iudges whose views given. IT. Will DE seer
from the list of the names Of the delegates 10 The
convention that the Judiciary has been entirely
ianored in making up the list
JUDGE BAERETT's VIEWS.
Judge George c. Barrett, Of the Supreme Court
said that he did not wish to express an opinion
nc IN the advisability of the proposed consohda