New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-12-03
r1r COMMISSIONS RESPONSIBILITY.

T., +,,,e is short. In few weeks 1T the long
+bc results of its deliberations must be sub
n,;t,od to the Legislature. Immediate ana
i-er;to action is now necessary. While there
:. M occasion for precptate haste, the time
,or slow deliberation and protractcd discussion
hos cone BY If Il majority OF the Commission
or. have not yG' arrived at clear and well
donuad conclusion a. to the best form ana
method of revision of the judiciary article oi
rho Constitution. they are not likely to De
hroucht TO such conclusion by any prolonged
comments at this time. motion was adept
cd Yesterday, that all propositions previously
d.noscd 81 by the Commission should be re-
considered and regarded as still open. If TINS
means that inc Commissioners are now coming
,,ccthcr with sincere purpose to sink personal
n,crcrenceS and to unite in plan OF reform
r. t,e courts that promises to meet the APP
.n,,.,I of the Legislature and the people, il Is
',ou If il means merely a rcopening OF the
oortr,vcrScS that were heard in the sessions
ot Albany last summer, the prospects OF the
-,cco.s OF the Commissions laborS are gloomy
indeed.
We do not believe that there Is occasion
for evil apprchenSionS in tbs respect. Inc
lonc rccosS taken by the Commission has served
an excellent purpose. II has given an oppor-
tunitv for the members 10 ascertain the views
of the people and especially OF lawyers ana
iudre,. regarding their main propositions. II
+. truc those opinions have not been aN lulIN
or decidedly expressed a would have been
desirable. The Bar Association OF this city Is
r,t free from blame in the matter. Although
snocial committee was appointed for the pnl-
nose. neither the public nor the ASSOCIATION ms
heard anything Of any conclusions 1t reached
Dcspitc this fact sufficient has appeared to IN
dic,tc that general sentiment is united respect
;,c several of the mere salient questions under
dclibcraiion.
Ono If these was tho proposed provision
nornittiuc County Judges and >uTo@atcS III
Counties OF limited population to praclie IL"
in other courts The only prctencc OF an arSU-
mont in favor of this provision was that 81
communicated small counties could not afford
?, nav their Judge, sufficient salary for tholi
rr,ncr suuport. Bad "a, this argument "ouH
Lo in a legislative body. in Con>t'u'Ionai
Commission il i, absolutely indctcnslhl". Il
thcre Is good reason why none OF the J"'T''
should he permitted 10 practise the r''>o" "P'
mics with equal force f" all. W NAT that r'"N'h
!. j., obvious 80 County Judge can 'o-'al
mas, with entire ImparialtT ana lreeooi" ''''"
Has ,pon the case of an attorney with "hom
he va, Yesterday or last week engaged III
hostile contest ~ opposing c"unNcl III N" -"
r,cro Court Thi, /, only one 81 many lIu>
,rationS Of the evils Of such provision. Noi
&. il trre aS a matter If fact. that th"1" i a
single county in this great ~iate - poor - L"
no unable 10 pay it, chief judicial officer
o,,,v ,rhicL alone shall b" adequate for his
,,,,or, Such rlca can be made not On the
ground of legitimate economy, but only OF as
graceful parNmOny
Tho main features of tho scheme for the re-
lief Of the Cont of Appeals aN pr ''n''d ~
/ the Comm ~~ion appear - have met VIII"
General approval. The sentiment IN favor oil
| , .iUglc court composed. as a present "i seven
! induce, is very strong outside ~ well ~ IN 'h'
! C,umi,>un But Ia wlln'In that c'Hl1'i-
tinn Of the court 1t j, Indispensable th4' some
additional limitations be- ppi upon the r'Sh'
! Il annual +, the highc>; court. Whether that
! .to.,d como hv legislative enactment or con
! .titu.iongl amendment j. not of - much con
/ ..uuauco AS that such relief should surely bee
/ had. Lu, rs this wa, ore OF The chct reasons
! for IN, creation oil TIN, Commi lion, the Np'o
sin doubtless expect that 1t should fulfil THIS
mart Of n, mission The limitations already
! nr.uo.cd seem H. have met with lltt' criticism,
| and If finally adopted substantially a. they now
stand. the, probably would bo approved.
But the rock upon which IN" Commission
RIM, mos, danger ot splitting j. the Amendment
affecting the character OF the General Term "'
,bo supreme Com; The proposal 10 have the
state divided into four departments III each
of which there shall be- a General Term 10 be
composed of five Justices, who shall hear Ill
aprcalS in the first instance, seems likely to
30 adopted with substantial unar.mity -
also doc, the proposition forhddng such jus
Tics. while members Of the General Term,
acting IN any other judicial capacity. Bu'
none OF the proposed amendments have met
with such vigorous and out>pokon opposition
among members Of the bar and in the Com
mission rs those which contemplate that Srch
Justices oi tn" General Term shall be elected
hv the people of the whole state, and that they
shall be separated from the other Justices Of
the Supreme Court, and throughout the whole
Of their terms exercise none but appellate
Jurisdiction. These are changes - radical a.
% demand the strongest arguments 10 sustain
| them and tho presentation of the Cl'areNt
pro-tS Of gain to be dcr'cd from their adop-
ton. We apprehcnd that no such evidences
cln be given. They certainly have not yet
been furnished. For the advocates OF these
amendments t. adhere with positivcne~~ To their
| position threatens the success Of the COmmS-
| ,onS work. On the other hand. if those con
tested points were ont of the way, there would
be substantial unaninity upon the main point,
| of reform. And without such substantial una
nimity the Commission must look failure IN thc
| lace.