New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-07-27
FROM BENCH AND BAR.
GATHERED AMONG THE LAWYERS AND IN
THE COURTS.

The recommendations Of the Ib-committee Of the
J judiciary Convention which considered the question
Of reOrganzlng the superior city courts have been
freely discussed by lawyers since they were made
! public. III most respects the recommendations seem
! to be heartily approved. but one Of the most important
changes suggested meets with strong opposition one
proposed change would abolish the General Terms Of
! the superior and Common Pleas Courts and transfer
their appellate jurisdiction to the General Term Of the
supreme Court Of which one OF the judges Of the
Superior Court and one Of the Common Pleas Court
would be members. so far the new provisions would
tend to simplify litigation, but in thc details Of the
plan the subcommittee have made some suggestions
which seem impracticabIe. Five Judges compose the
General Term and four arc to consulate quorum.
Only one judge be absent from the bench at
time in preparing opinion.
Presiding Justice Van Brunt. Of the present General
Term. whose long experience would seem to render his
opinion almost conclusive. believes that a General
Term constituted could not transact all the business
brought before il. He said last week "1he present
General Term passed last year on 6sl cases which
had been placed the calendar. Each of these had
u be separately considered aud in the labor
involved I'm preparing opinions was great. The mum
Der Of appeals disposed Of much above The record
Of any other cont The time Of the justices fully
occupied in their work If TO this amount of business
are added the appeals from the superior and Common
Pleas Courts General Term constituted as the sub
committee proposes could keep up with the work OF
the court II three justices constituted a quorum Of
General Term Of FIVE justices, two Of the justices could
be busy In preparing opinions while three were hearing
arguments and performing other duties and the ncce
sary work might be accomplished
The other provisions Of the proposed new article
as far they relate 10 superior city courts, meet
with general approval among lawyers. The general
theory of the members Of the committee seems To
have been 10 continue in existence the courts already
Tho
of causes, but to make the General Terms of the
Supreme Court tie appellate bodies Of all the trial
courts The superior Court Of Buffalo Is deprived
the two courts Of this city, Of appellate iuris
diction The city Court Of Brooklyn gets a. its i'm
portancc warrants the Of the superior Court Of
Brooklyn, and an additional judge Is provided Pro
visions which viii b. heartily approved are those
which provide that IN thi, city tho General Term may
send from the superior Common Pleas courts
for trial at special trial term Of any of the courts
50 that any Ovcr-burioned calendar NAY be relieved
Judge, OF the superior and Common Pleas courts may
also be detailed by the General Term to hold circuits
and special terms Of the supreme Court. The result
OF the enactment Of the proposed article II changes
made To the method in which the General Term
may In the decision Of cases. Will be 10 evpedit,
litigation and prevent the doggng of the calendars OF
courts. while other courts have little To do.
Lawyers Interested IN The custom, litigation
studying a.tortlvcly The new Law relating TO the ap.
prsemcnt II imported goods and fixing of duties. which
go,s into effect ths week, The changes made are
many and Important and opinions differ among law
Yer, as the effect Of the law. Most Of The lawyers
believe that tlr law VIII work We'll I'm practice, but
some are ~ccptlrl The mos; imp)rta feature Of The
law affecting litigation Is that Inrice are don,
away with in custom The procedure will now
h. that the value Of In, imported goods will bc fixed
by the appraiser. II either the collector o. tn I'M
porcr /, dissatisfied with the appra,emcut one Of
the newly appointed general appraisers makes a re
apprscment. II this f. not satisfactory either the
importer the collector may appeal To board Of
three general appraisers Their decision is final to
the vain" # the goods. The rate Of duty classi
cation be IA the first place 10y the Collector
Of Customs. The importer may, notice 10
the Collector and payment Of the duties have
the cases sent 10 the Board Of three cUeril APP
prai,cr, examine and decide the rate of duty
The general appraisers may compel the attendance Of
Witnesses. Their decision, fled with the col
lcctor, unlcS, application I, made to the Circuit
Court for n hearing. The general appraisers must
report IN" Court The evidence taken and the find
ing Of fact The Court will then hear argument on
the evidence taken before the general appraisers, or
may order additional testimony to be taken before
general appraiser An appeal may be taken the
supreme Court if the Attorney General asks It. If
the circuit Court decides that the is in
which an appeal should be allowed.
The amount Of work which the Board Of General
Appraisers assigned this city will 0e called
perform will be enough fully to occupy their time
Twenty seven hundred customs cases brought in
the nitod states Circuit Court lae wear. That would
be an of from light for each work
ing dav. Tho evidence = De taken in some of the
cases Is voumuous. Morc cases will probably 60 10
The Board Of General Appraiser, than now to the
courts. The law requires that the general appraisers
shall De- I'm attendance every day except sundays
and holiday and they will find it difficult even by
working early and late. 10 keep up with the business
OF the Office some of the importers fcar that too
much power Is given the general appraisers.
they are not appointed for any term. bu lie
removed q; any time by The President. who would
probably be- Influenced 10y the recommendations Of the
Treasury Department. The high character OF the
men Just appoint d by President HARRISON however
di.arms criticism and the law viii be test u rndcr
favorable circumstances. some provisions Of the
law other than those relating 10 the general ap
pra,crs are favorable to the importers.
TX ClVl Justice Frederick q. Gedncy Is the leading
candidate FOR The. place II Assistant tinted States
District NorncA which VIII be made vacant when
the resignation Of Assistant District Attorney Rose |
take, place. Mr.. Gelney Is popular Republican Of
;hr Xllh District. He made an excellent record
civil Justice and after h. term expired received
The ' Cac To- Witch he may BE- arPonica ' Is
difficult To Ill until The occupant has acquired some
en- pcHcucc. the work of various Departments OF the
Ollie has been transferred % that which Was formerly
the criminal branch of the Office. Mr.. Gcdncy how |
ever. would easily acquire the necessary knowledge
lie has many friend, who are urging his appointment
The accdcu; TO Frederic X. Coudert the well known !
lawyer. I'D 10 the expression OF Kind feelings 10y |
many Of III, fellow membcgS Of the bar. lie Is one
Of tie most active members OF hi, profession. and HI,
ably not recover the of hi, limb in timc 10 take |
part the debates in the Judiciary Convention. where
hi, readiness At debate would have made hun proni
ncut.