New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-10
THE COMMISSION AT WORK.
HOW THE CONSTITUTION is BEING REVISED.
a TASK INVOLVING INTRICATE PROBLEMS-Thf
ADMIRABLE CHOICE OF MEN FOR IHh
UNDERTAKING-DEFBCTS THAT
NEED REMEDY.

NEED REMEDY
Constitutional tinkering is dangerous business
What Governor Hill is extremely lone OF 'eri'-
ing the organic law OF the State Is an lh'io""
and delicate piece of machinery. II IS easier 10
form an entirely new State Constitution u''' Sl"ii
yyorl, we'll than II is 10 remodel an old one ard
nut the amendments into successful oper''ioh'
The mare important~ the part OF the Constitution
that is changed, the more 1ilhcut Is the TASK
Vet. under the American system of written con-
stitutions snch amendments and rcvisions are oc-
cesiona1lv inevitable Increase Of population,
chance industrial conditions and many other cir
ou,nstances are constantly operating TO render M
adeouate or inapplicablc the provisions OF con-
stitution which at the tine Of It's original auop-
ton may have been all that was necessary
Such emergencies have several times arisen IN
the history of this State We have had leVisio"s
of the Constitution: have had amendments
10 the Constitution, and we have had brahu-h'"
Constitutions But in nearly every instance since
the adoption of q State Constitution Subsequent
10 the Revolution the reVIslons or the ahcIpo-
nar+s have arisen from substantially tic same
cause.-the necessity for reform or mooii'c"'ion
~ tho Judiciary system Article VI OF the pres
ent Constitution, which is the one covering ue
Judiciary comprises more than onc-h1th OF the
a,@iro document All excepting two Of Its twenty
nine sections have been in operation for more tAal
twenty Years the article. with those exceptions,
standing now rs it. was adopted by the people III
lq60 after being drafted by the Convention OF
1861 In many respects il has worked wei. ana
for wears general satisfaction was 1eH WIFI "'e
o,ranizaton and jurisdiction of the courts Is oeic
authorized
But ADEQUATE provision was not made Tor 'Ae
4,,,rrs-for tho ever-ncrcasing flood of litigation
caused by new commercial problems ana lhcI'aS-
ing population For more than 1--we years u'e
necessity for relief from the crowded s'a'e ol 'e
calendars in certain courts. ana paruculaIlS III
the Court of Appeals. has become ur-eh'' iIo
tornn,rorv rnakcslift of a second division of the
Court of Appeals. made up Of JUSTICES oil "Ic
Surrome Court selected by the Governor, las
pr,yed unsatisfactory, ana to none more u"h W
tho ipdces of the main court itself There has
been the apprehension. which. IN lacl m, "''
Justified by the event that the Second DIVISION
I'D MILO decisions antagonistic Ia those of the
main court leading 10 disastrous results easily
IMAGINED Moreover. the services OF these JUDGES
Of the Second Division have been soTeN LeeIe'
in the Supreme Court of the districts IN which 'c|
were elected These and ether dliicnitcs oil ,I'e
nresent system. many of which alose III 'he Guy
of Ncw-York lei to the successful EFFORTS Oh inc
State Bar Association last year 10 secure nom 'ne
legislature tie passage OF law Authorizing inc
apuortnent Of a committee for the REVISION oi '''c
Judiciary Article Of the Constitution. lh'l po"S
has been engaged in 'clbcr"tIon At Albany u'Il"-
the last week. and has hard hbors yet to perform
before It's task is finished
THIRTY EIGHT GOOD LAWYERS
Governor ill deserves credit for the eXccHeh'
character u. his selections OF lawyers to serve
upon tbc Comui- sion There IS not man among
the thrty-eeht members who - unh''ei loI INC
,ro-l, Rut while this is true of each individual
standing by himself, it IS perhaps unfortunate
that the Commission should be made up entirely
of practising LAWYERS. There is something I" DE
said on both sides to the pr0pre'y or WISDOM
f HAVING any members OF the bench lncinicd III
,be list of commissioners. II Is possible thal II
indocs were pre.gt less candor might be mani
tested in criticsing faults OF vices oil the present
iudicial system or methO IS. EfSdes' the persona
interests of Judges would DE 50 involved that thel
indrmeuts might be unfairly biased. bu' YET
tlcre is no doubt that some OF tie judges nave
felt ouite keeny the failure Of the Governor 10
give them representation ana IN opportunity Vi
sustaining the views of the bench by theT VOICE
The Governor apparently thought that eA-Ju"-c'
ou,d ,r,u.riv represent the sentiments OF the
bench and Yet ne free from any OF inc O"'o''o"'
namod and occordingly he selected one former
nave sat for 7ars in the supreme and comfy
Courts lint among the thirty-elght members ol
,ho Cor,,is,ion there is not who IS not elthcl
nov, .,r WIN has not at some time been an ac'Ne
n,,ot,iouer at the bar This mas appeared an
fortunate even to the members OF tie oliii4SSo'.
themselves Or many of the details lhNoiN'" III
tho establishing or Changing Of courts aym""
would be OF little or s"rIl'e. bn' ueic "'o
broader questions th,t have arisen ana WI" '''-
tinue 10 arise IL the course Of the ocHpI"'lon'
when the cain views of q few business men "ohu
be of incalculablc VaiIc III @sSls'he an" o7
the Judgment OF tie lawyers
But il must be conceded that the thlrt-n''
LAWYERS who assembled in the Senate Chamber
q, Albany last Tuesday forenoon, 10 discuss ana
,ass imam the work OF the committees pcrloiih'"
during the recess was noble body OF mch i'i
such an undertaking. Inc presiding oiAcer' eA
Judge Daniorih, had established during ms long
service in the Court of Appeals rl2h' I" n'
ranked among the great Judicial mhas "i '"'
country. Among the UHeIehl "e"e'"'"'
na,uraly those from New-York included men OF
the greatest prominence. Joseph H. OhoaD
always cynical and witty, ana sometimes allows
his love Tor sarcasm t. get the better OF dlscfe'ioh
But he can be wise. aud very persuasive 700
when the occasion serves and lie feels that he
has a Good cause TO advance. James I. NarN
is quite as brilliant, il DOT as ready, III deo''e d
MI Choate: but hc shines best, as MI. "e"S''
did. when lie has had TINE for preparation ana de
liberation Under such circumstances, there 1
no LAWYER in the State Who speaks WIN NOR
force, or cogcncy, or ia more polished periods tha'
does Mi Carter. From ms great vocabulary, n
always seems able u select the exact words u
eXpr.,s the incest shade OF meaning. II the lHci
Bers Of the Commission were 10 give their opinion
as to the greatest lawyer among them, 1t Is easy
believe that all excepting one OF them wou'
name Mr. Carter. BIT If asked 10 mention thcl
best orator, as many would give the name o
W Bourke Cochran. lie Is one Of the youngcs
members Of tie Commission, but within FEY
rears he has nlade a more rapid advance ID zen