New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-10

mUrdcrers were passed in lo6l and i7d2: 10 over,
come some mperlccuons IN The hurried legislation oil
l560.
The fate which II Is sad bcfel one Of the murdcrers
condemned while the laws about homicide were IN con
fusion about 1850 and 1861 suggest means by which
the courts may seek 10 punish persons who have com
mitted murder since January l770, and before tho
massage Of new law if any Is passed. The Legislature
In one of IT'S enactmcnts repealed the law. so far as 1t
provlded for the death penalty, but did not repeal the
laws relating TO conviction aud imprisonment unul
sentence: and one murderer remained II II said Tor
many years and until his death. in confinement III
state prison. because there no Lave for putting him
70 death and no error in his trial which he could be
released The Legislature of les provided uat after
conviction under the present law, and until the dc
fendant lawfully discharged or Sncr"d inc d'"Ll
penalty he should remain In the state Prison. II
the Legislature should repeal only the section pNSob
ing the manner in which the death penalty should DO
executed and leave the other sections IN force as lar
as they concerned the persons who had comnittol
murder between January !, 1859, aud the date o INC
passage of the act might sec trials eolis eIdNeS
on convictions Of murder III the first degree the formal
passing Of sentence and the possible mprsonment Tor
life because the sentence could not be enforced II tc
Legislature should be moved 70 desire 70 cahc ty IA"
quickly the method Of doing IT must ce.tanB d. "a
careful one all the MnrdcTcrs who have communion
crimes for the last two years may escape ahoscter
Figures recently published concerning the work OF
one branch Of the Court Of Appeals sAo" uat lh l"
about one third Of the judgments Of the General
Terms are reversed The PROPORTION is large enough
10 keep up active litigation, one chance ia ur'e j.
enough TO make almost any suor willing u 90 70 l'
expense Of an appeal The statistic, as" snow NAV
Gy far the greater number oi appeals prose-" I'd az
csiou at the final appellate court are n suits IN which
| over - 600 arc involved, so tIat u n W'I'-u II'
Quently made Increase the amount which must De a.
greay Improve the ovorcrowded condition Of the Court
( OF appeals calendar.
The acton taken by the judiciary Commission lat
week doce not meet with unanimous approval among
lawyers. one II those, who thinks that the pFop','d
amendments providing for the election ia the stat AZ
large Of General Term Justice, who shall not act n-
trial Judges said "Tle amendments adopted VIII
ONLY serve 10 remove judges further than ever from any
possibility df being affected BY The human element W
litigation. II used 70 De said that law Wa simply CON
crete common sense but the tendency at pre-oHt D.
toward devout wOr-hiPpng If tcchnicahiy and plece
dent witl0ut consideration as % substantial ln'u'e.
Appellate judge especially, who never -c" hut1"i
and seldom see lawyer who has any more vital inter
ct in case than special retainer % argue for some
other LAWYER likely 10 lool; TOO much AZ the tech
meal questions involved. and TOO little AZ the merit
Of the controversy. Everything which tends to -'move
the Judges from contact with lteants and u" lawyers
who try causes only make them mOTc likely 10 sec
only the technical merits Of controversy The United
states system ia which every Judge from tho -uprcm"
Court to the District Court must De- famia? with the
| work trial terms chambers, ana Ulr lstllNh
fem arc both greatly at variance with the plan idoli"
! Lv the Commissioners, boy which every appellate u
bunal will consist OF judges who cannot III ~ TRIAL
terms One design 81 the law may BE- % prevent undu"
Influence by local public opinion. but Tie danger from
that source is not great tic danger Of setting TIE
Judge, on pedestalS. from which they cnn view the
world afar and only through the smoked gla--es OF
legal technicality.'
The decision Of Judge LacOmbc in dschlrginc three
belgian Immigrants detained as alien blrcr. imported
| under contract, seemed T. Of the lawyer In
terc ted IN the immigration law 10 alter the c0ur =
II the Judicial interpretations Il the law. i has
been held by Judge Addison Brown That the quo,
tious 70 be decided similar 10 those which in
an appeal from a commissioners decision in extra
diton case. Generally speaking the main question
has been whether examination was had By tie
Collector or the Immigrant lurcau, in accoid1nc"
with the law and whether evidence submitted. aud
NOT a. 10 the weight Of that evidence The authortc
in CHARGE Of the enforcement OF the law have dccd
their night b pass upon the facts aud have ony the
legality Of the Of proceedings passed upon. Judge
! T .cn,nle i'm one opinion seemed 10 approve judge