New-York tribune., 1890-08-05
cases was as follows:

sendcr and libel % Soit%Sc' dismiss an.
9 S"s9npS Pifoeoodag' 10 EsiI. Fam orders 80
PIs5Ge PlSs5G af'Sqf o %s 10 questions ,,e
Tggrston ..'.....I II special proceedings ~
Foreclosure 30 1896
The percentage Of reyerses'' adds Mr.. Roikcs. IN
negligence cases was 25i have made this computation
I'm view Of the propositions suggested thot the rH' "
appeal 70 the Court Of Appeals should he lih'cu " 80,
involving more than $1,000 and that the Hg"' " "'
I'm all negligence cases should be taken away III w
Of the further suggestion made that the reh' 70
should only exist those eases in when u'r' " "a =,
Of harmony between the jud.c> of the tf'a .o", r,n
the General Term among the Judges " W" az, ,,t,h
court il wos a.ccrtain,d that there are no" Oh u" ,
the Clerk OF the Court OF Appeals returns 10 " -
nj o5s OF these cases the trial courts "c'o 49,
by the General Term in $50; the tral 'o"r' ,o
in las and the judges OF the "eAerAi Term
thcnselvc In thirty.two cases ,,r.,. ,,v>,urps
Amended 10 the report IS an ln'erc'"hS ''eH"''.
by Jane, c. Carter, Of New YORK. III i"vor u ,v'is
Of Appeals Of only seven mc'hUc''' J" 'O"'''o
his argument. Mr.. Carter says
I, a., defcrcncc to views which have now oeeh p''
.,d or from these together with others uh" opinion oi
M Commission should incline IN favor Of scheme looking
T. the preservation OF the substantial features o. ' pree"
cour by reduction d il business inquiry """u "'-o
t mis- reduction should be Effected. There ar several
drerent methods each o which has ~ peculiar "a
,,sn,ac.s and which l., The same time. open I" on.
ccons peculiar to itef Thee should be breny pointed
out. ,,.. -,
The one which first suggests lscf Is IA, when has
hcen heretofore uniformly cnrloyc 20 elinai" app"'s
,c,.,.ed L, be o. Comparatively litl' importance hancy
by increasing the magrituir u p'. ni'ny qu'IH'o'o"
There (, no doubt that such mctA" "oHI' "'ouhN's
con,la rablc weight OF pre,udiee no' only among tne
people a: large in the ranks Of N" profession a'o' ~
vG he sticmat.1od a. drawing oions dsuhetIoh In
favor of wealth.
4 second scheme which IN, been suggested aims 70
eliminate those which the prosecution '' apr'
occupies Judicial time and labor without proportions"
contribution N the Hw, 10y pr"cludlng m'ih'. 'pP'
whore ther, has been concurrence "i a' inc ''".'
Term nudge. IN Affirming the judgment or f"hS Vi "''
trol court lt nay not De- unfair % '"'''''' '''.
where every Judge who ha. up y ua' point eo's1.''u
Tho case h.- coin. con'.''"n- is i' i'l".
OLE. Tiis proposal wold limit 'rih'' h CIV" ~
tho.. cases IN whi.A tIH "cn'ia Term h"' I'''.'' 70"
d.. sion q tho lower coaft or vA"fe thee mas D''"
cnt among It, own mcu.'or'. u 'o1'u ".l'' u.
r,.,tcton upon appeals in criminal csS"' I"' '"''' '
Ills u.n would. q course, d'V'nd ui'n u'' "N"''' ''
, tt ,,bl,h th,4r ha, bt'I unanDnou, nHii'An j.!
General Term. II -hold %" catrfa.iy A-.'i'AiN'' %!
..,utioy u the uppellate business extending ~i'ifh
co4d,-ai.c pcld, ard this should. perhaps lH'pu' q"
inquiry into the fate VI app'hs 70 Tie 'o1'' o' "P''N
n such cases - .,,
,,so. NJ ca-.s in which o; udr f~qH'nt o'-
,u,fsne, durng long periods IA ia" may %" supp SEA 70
hay. become IA settled aud known NA tAr - COM
,,r,t,clv little ju.rU. alton So taSinr them blonu Vi'
,.,.-al ler,u. What sr. Known negligence cos.s
,, h1 iu-,,n,i a. failue vtu such i"1sh." 'a'>''
Gra,ioa. j. We'll worth while - Nan" ''," 4n
inquiry II the ca-e q negligence cases c9'd "'''''
=, fou, public dissd'ant-gr. br removed iIon' "a "ti'
O., tho court ~ last i,-.rt 70 would 20 Nc,y Tar
toward. ,.ducnc work ~ uat tribunal "ithh H@""s
bl. liu.t-. large pat oi d" apl' i+' HoN' '''''
% sd.,d THIS class. and I,f"'ps "N'l "p '' "
.,,, rharac,er But before the adnpuon of H''N p'A
,, h,d lac r,refu inquiry into tn average amount VI
.rcl Iu.n... during scr~s Il v'ar, with ne VIC" V
sc,raln,pg whether effective rlsf would be Afforded by
such a scheme. 49,,
II vosld OF course occasionally perhaps frequently
t, that the adoption of either Il ho above plans would
,r'[ent ca-. FROM going Court oi Ap2ra, which
would wen oe,trye tho attention g" mot tfbuh'" "
would TO be sunccnt provision TOT Su'h o's'' "
co,he the General Tenn with discretion TO aIlo" an
arnc hero there seemed fair occasion for H. and
vher II could oh.rws" be had and prhAp" caro-
fully limited provision might be- made Tor al app''u"h
to the Of last resort 70 a!o" an sppa' olh'F"iF
impossible Such Discretionary provisions inIsht be ass"
,d with either VI the modes Of exclusion above ref fred
II f. the purpose and aim Of these three suR
gcscd methods 70 pick out ana eliminate iiO" uo
appellate jurisdiction those classes OF cAeS IN "u'ch
a jurisdiction (. employed the len't public advantage
The ard thrl methods s""m best calculated 70
o,ato IN ti. usl, way. ond oF that reason =" Dc ue
more cNp"d'nt; but ~ s'tm' to IT," thst e''n,F one VI
them -houd be adopted lu ~ ference TO the scheme oil
,r Increase in the number Of judges disposed either IN
Two tribunals or ~ ono
Inc suggestion ought not pfhaps 70 be wholly let ont
view
touched with permanent provision allowing the Governor
% u toother tribunal Ike the present Second Division
whenever tne arear- pored Of cases make "Hpe'
aunt. , occasion 10 made manifr. by the certificate
-, tho chief mage. cannot help thinking that such
i. f. tucuubercd wth more lection, than Oher No
,,. N nov satisfied with IT. aAd II permanent provision
wore mad, Tor IT, should have Second Division
uts,ontoy continuous Not 70 speak Of the damaging
,r.ct Of such arrangement ia gripping the appellate
strength OF supreme Court court Of Inst resort COM
uoscd of uGpcs originally chosen for the Inferior tribunals.
and hrlcced discretion Of the occupant Of tho
executive caa whoever he may happen to be- would In
oyitably fail Ia securing that high Difference and regard
which are essential usefulness Of such tribunal
Tho foregoing views dosicned simply % present the
main O1sdeat0ns which belong " IN" subject o; appellate
rrdicon ana the nature and 'xtcnt Of the
vision which should made for that great object. While
they indicate preference. u has been The design Of
tie writer aboI rcsuade others TO favor par
tcular scheme nor TO commit himself IN al,aace of
that general discussion and Interchange Of views which will
doubtless be had early period In the forthcoming
! session o., tho Commission.
| MISCELLANEOUS PROVISIONS.
| J. Newton FerO as chairman OF the Committee on
Miscellaneous Provisions, reports that sections 4, D.