New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-12-05
REVISING THE JUDICIARY.
r,r LIMITATION OF COURT OF APPEALS
CASES

corsrnrnivc THE ELECTION OF surREME COURT
JUDGES AND THE NUMBER OF
DEPARTMENTS.
=. r.n,hers Of the Constitutional Revision
r.Sm,ssson dd not attend yesterdays meeting. put
Srcn ,n,nortant business was done nevcrtheicsS'
rcmm,ss,oner Frost opened the proceedings oy reoom-
rn.rAinr that the proposed amendment Iniu'e W
..s.s which can be appealed to the Court Oh Appoa's
=. changed by striking out the following "oiuS.
lyman the determination decides q material question
N law which stands otherwise determinea p' "
.r.l Term Of the supreme Court"
mi. nroposition was opposed by both Commissioner
o..s., and Choate. Mr.. Choatc said that the clause
a retained, would be of material benefit ana ana N OF.
t.,ning uniformity in practice, for which a strons nsno
49, hecn made the day before. Commissioner kolins
xsvorrd the exclusion OF the clause. commissioner
C.,er said that he thought that when two 'eheral
T.,m courts had decided a case differently 1t clearly
w . case that ought to go to the Court OF Appears.
I'm. recommendation proposed by commissioner rrVs'
49, further supported by Commissioner Russeh.
s.nsdule +, he said, made about the same provision
THE question OF constitutionality Is lnVoiVen LII
..s. said Commissioner Coudert, land v he con-
a"s after a case has been to the Court of Appeals
. uav he found that a Federal question is involved.
!" .ns first place, 1t should be ascertained whether a
sua,o, b.d a right to appeal. and II the paragraph DC
S~,a.,.d this right would be left to the discretion of
~. Judges Of the General Term courts the Ques-
.or was nut to a vote and lost by a vote OF o to 10.
commissioner Choate moved the adoption OF TINS
.uendment to Schedule A: "The Legislature may
s-t,.r restrict the right Of appeal" Commissioner
c,ud.rt moved as a substitute for this motion that the
~n-ds . No appeal shall be taken" be changed TO A
,npeal can be taken in section a. Judge paniorth,
The presiding officer, said that Mr.. Coudcrts
motion really struck out all RESTRICTION OF
Inc right to appeal, and IN tms manner
the question would be put Tor a 'oVe'
Commissioners Fiero talked vigorously against any
r,striction in the Constitution. Speeches were also
made for and against Mr.. Coudcrt's resolution by Com
missioners Carter, Bartlett, Russell, Carr, smith ana
Townsend.
Commissioner Couderts amendment was lost by a
vote Of IL to 16. The question was then upon the
original resolution introduced by Mr.. Choate. L. r.
shepard sought further to amend this. Mr.. Choate
would not accept the amendment and MI. shepard en-
deavored to talk the Commissioners into accepting his
amendment. Commissioner Townsend wanted to
amend the resolution by giving the Legislature
tbs power to enlarge the duties OF tne Court
OF Appeals. Commissioner Choate said that TINS
was equal to striking out the entire secuon'
Mr.. Towpsend's motion failed by a vote OF 10 to 10,
and Mr.. Stewards amendment, after much discussion,
was mt 10 a vote. 1t was lost by a vote OF A to %.
Mr.. Choate's resolution was then put and was carried
BY a vote Of 10 to IL.
After the recess. ex-Attomey- General Leslie w. Rus
sell moved an amendment to Section 4, schedule a,
line 4, by striking out the word necessarily" Mr..
Russell offered a further amendment to this portion OF
the schedule, making the fourth section OF schedule A,
rcrarding the cases under which no appeal to the
Court of Appeals can be taken, read as follows: mo
appeal shall be taken to the Court OF Appeals III a
civil action or proceeding, from any determination or a
General Term which afirms without dissent a de
termination reviewed, except where the determination
so reviewed decides a controversy concerning a trust
expressed or implied or a power"
This amendment was opposed by Mt. carter ano
others, but it was adopted by a large majority. Mr..
Shepard then proposed a money limitation OF $2'ooo
for a case which could be taken to the Court OF Ap-
peals. He got one vote. This finished up scheoule
A, and Mr.. Russell proposed the adoption OF the en-
tire Schedule A. as amended. This was carried Dy
Q vote OF ii TO 13.
Schedule B, which includes amendments relating TO
the supreme Court as a substitute for Sections
G. Z, 10 and 81 OF Article VI Of the Constructor was
merit taken mn. Commissioner Frost made a long
speech against the proposed election OF the Geherai
Term Judges by the State at large. Joseph H. Cnoate'
70 test the sense of the meeting, moved a vote upon
that mart Of the section providing for the election OF
the Judges Of the General Term by the electors OF inc
entire State. Wilson S. BisseD, Of Buffalo, MADE an
appeal for the election of the judges by ue ehue
State. General Bartlett took the moor against te
election of them by the State. II the Judges were
nominated at State Conventions, he argued they ~ouiu
be more politicians than lawyers.
Daniel L. Griffin, of watertown, moved 70 suspend
the pending business, and he called up his resolution
of Tuesday, limiting debate to two minutes. Oom-
missioner Russell amended the resolution oy making
the time allowance for the speakers nve minutes.
This was accepted by Mr.. Griffin, ana MS RESOLUTION
was adopted.
Commissioner Frost offered an amendment TO The
report OF the committee on this subject, as follows:
aAt the first session of the Legislature after Inc
adoption of this article, provision shall be maze lor
organizing in the Supreme Court, once In nve years.
four General Terms thereof. one in each )udiclai de-
partment, each to be composed OF a presiding justice
and four other justices, who shall be designated accord
ing 10 law from the whole number Of justices, oil WHOM
only two shall be residents of the judicial department
in which such General Term shall be held. Any JUS
toe Of the supreme Court may hold special ierms'
Circuits and Courts of oyer and Termlner, except 'ha'
during the time while any such justice snail DO d
member of a General Term, he shall not hold any othef
court. Provision may be made by law empowering
the Governor, If requested by the General Term OF any
denartmen,. to designate any other General Term TO
sit in such department, or five justices from the other
departments, TO hold q General Term in such a depart
mont, for a time to be designated by the Governor
The General Term Of the department In which such
extra General Term shall be designated 10 st may
transfer TO the latter any cases pending in the former
Arv four members of a General Term shall form a
ouorhm. and the concurrence of three shall be necessary
to a decision"
In his speech upon this amendment, Mr.. Frost
reaS An editorial in The Tribune Of last Wednesday
onnosing the election of the justices by the people al
large. This had a marked effect on the vote, ana Gen
ri Rartleft offered as all amendment TO TINS resoiu-
lion One which provided that the justices should be
elected from the several districts IN which they I'VE
Mr.. Carter tried to amend this sun Iuruier py mser.
inc a nroyision that the justices should be elected by
judicial departments. Commissioner Mrisnt mace ane
nronosition that the justices be elected by, the enuTe
stste and from them the General Tern Judges N
~. nronositions which had been made up TO this
time Commissioner Bush sent this resolution TO te
desk: /. Resolved, That the Ocherai leim Juuse" eH"H
be elected as such" .onuvio, rasr,,,,o IN
=. dessst nv 9 10 is. Mr.. Carriers resolution to elect
the General Term judges by departments was next
in order. but after some discussion he Withdrew ms
,esolntIon. General Bartlett also Withdrew his amend
ment, leaving Mr.. Wright's resolution the only pend,ns
onexiion. The question by general consent was divided
and il was decided By a vote OF 10 to ii TO eject the
The ouestion then came on the number OF judicial
departmeats into which the State shall be divided.
Mr.. Barker moved to increase the number OF depart
ments to FIVE in place of leaving It as the committee
placed II. AZ four. Both Commissioners Carr ana
fsrter nnrsosed this. Mr.. Choate said that he would