New-York tribune., 1890-06-01

of Common Pleas and the Superior Court would
be expcdcnt He appreciates the fact that rellct
must be secured by some method Dut he does
not think that the consolidation of the three courts
would he me best way 10 obtain it. He advocates
an increase in the number of judges in the Su-
premc Court aud the Court of Appeals, and
reform in the method OF procedure. lie said
The questions you ask are 50 important that |
am not prepared 10 answer them by aAVoca'Iha any
e, pecla plan Or the relief of tie cOdls III - gnu;
d. NOT think that the relief could be obtained by
consolidation. The Court OF Common Pleas - one
of the Oldest If not the Oldest courts In the state,
and I am conservative enough to object 10 seeing II
abolished The superior Court wa, Organized IN
l-.- ard IL has always held high place among tle
count, OF th' country. would not hke 70 sec tha'
court abolished. either.
70 he the evil u the age. especially among lawyers.
in Chambers where / maze been sung during ths
last term lawyers often tail. half an hour or more IN
making motion. when ihc} QUght u coup hot
more than five minute y, 'e a.c zane nS tyce TaS or or
four days, and then bad the lawyer lahd up % me
40 findings To wade tlrodth' II !, pgaccSany tIy
of Procedure was adopted We had the old common
Law system Of pleadins' TINS Tas Ies4rdH Dy tde nS
10 the age because of it. ncon> and Of me INGENIOUS
refinement. ara ni,etc. 10 "nS" a n tho ''' co,ps
vcrr obliged I, respect and sustain. Frequently
yhr court - ast resort would feel obliged 10 hold
thn IL should nave been in the dctnct. ana party
would thus bo defeated IN the end Oh mere te'hh'
Tnc code al first afforded a remedy. but we have
nov by Interpretation and practice. ialen mo =
system which 10 more cumbersome, tcchhical anu
complicated than that which prevail, - far a am
aware - lf any other state. Where a cause j
heard before Justice without Jury. he j. required
by aw % make and ,ign findings ~ idct ana con
cu,on, og law II ha, become the pfdrtic' Z" mIko
these finding, very volumInous. and the appellate
cour,, ar. very strict Ia requiring every essential
fact to be found. II IL j, not found judgment y
frcouontlN reversed. although peru,al 81 tue "Vl-
dcncc would Al ShOw them that the judgment
correct. 49,. .. a.,
believe that much time which j. noW spent IN
Going over finding, could De saved bi providing tlat
fbr iud,, should only M" short decision. ana that
~. .pprllate tribunal should look into The record ot
tho rial and with that and the decision before y
should determine whether the judgment rendered Oh
the whole j. right or wrong. and Nh'ihcr oi h1t
substantial Justice has been done The remarks Wh,h
I have made ia regard 20 finding, ar 'liihN iIPIi
cable TO what a.c known - Request u 'hAt-''
where the trial !, before A judge and jury.
The number 4 judges ln the court "t Npl'alH
houd Dee iu,-ca ,cd - fifteen. Il Necessary. forming
tlro, divisions that one division would be IN sc'-
sion constantly Then. whom partcularR mporr,,
,nt "a, came MP. could De- considered by the ilu
elected hy people. Judges OF the ourt OF ~
meals I think that II THIS plan shoud ." carried
NJ and thc number ~ supreme Court judges IN
creased the relief which Is needed could be obtained
JUDGE OBRIEN's PLAN.
.Iudec Morg9n j. O'Bricn. II the supreme Court,
is also opposed. though not strongly, - the con
! solitation idea He thinks that litigation might
he eNpedited by n consolidation of the Sarrocates 5
! ,,,., ,,I, ,ha t',urt nf Common Pleas. Ills