New-York tribune., 1890-06-05
THE COMMISSION AT WORK.
COMMITTEES APPOINTED AT YESTERDAYS
SESSION IN ALBANY.
PROPOSED INCREASE OF THE COURT OF APPEALS
TO FOURTEEN MEMBERSHIPS COMMls-
'rnoM rnE NkauLAn connEsroxprxr or 1nE rRrnuxr.
SION ADJoURNs TO AUGUST


the Constitution distributed It's work among vari-
Gus committees to-day and then adjourned until
August , for the purpose of permitting those
committees to accomplish their tasks, which are
by means light
When the commission was called TO order Mr.
Ficro submitted a report from the Committee on
Organization recommending that five committees
he appointed. These committees were to deal with
the following subjects:
/. The Court Of Appeals and courts Of impeach-
mcnt.
= The supreme Court and referees and receivers.
3. superior courts and inferior courts Of record
4. County courts and justices Of the peace.
IA addition the Organization Committee
recommended that the Commission upon recon
vcninq in August should appoint n committee To
revise the work Of the other committees and
mould this work together. Tho committee fur
thcr recommended that all the committees should
have completed their tasks by July % and have
their reports printed for distribution among the
members OF the Commission and for publication
in ;hc newspapers. These recommendations were
then debated. Ex-At:orncy General Russell sug-
ccstcd as an amendment that the Ist Judicial
District should he excepted from the rule that
all the Supreme Court districts should be con-
sidcred by the Supreme Court Committee, and th>t
the need, Of this district should be considered by
TO consolidate the Supreme Court with the other
courts in Ncw-York Properly. therefore, the en-
tire subject should he considered by one com
miftcc.
Mr. IIornblowcr. Of New-York, opposed tho
adoption Of this a. "ndment " 1t is true he
said, that the comm. 'ttcc should act together,
but II seems 10 me the Sut -cnc Court OF Ncw-lork
is not local court, and IT must be considered
together with the other Supreme Courts Of the
state Besides. tie Superior Court Committee
viii not alone consider the needs of the Superior
Court of Ncw-iorA, but also that of Brooklyn
and Of Bunalo"
Ex,Iulce Barker. OF tie Supreme Court was
firm in the belief that the supreme Court Of New
York must not bc discovered from that Of the
remainder Of tie State and could not be treated
as q local court.
James g. carter opposed Mr. Rus>clls amend.
mcnt. We don't expect these committees "a
return here in August with complete scheme
for thc reconstruction Of courts, SAID he but
with information for our guidance.
Mr. Russcls amendment was rejected by
large majority, and the report Of the committee
recommending the appointment Of five com
nticc> was tLcn unanimously adopted. y recess
Of bali an hour was taken, and ihcn Pr 'sldcnt
Danforh announced the following as his appoint
mcnts os members Of the five committees
on the court Of Appal,-Calyin Frost, James {.
carter Frederic X. Coudcrt. Leslie w. Russell: LouiN
Marshall. IOIslas NOiidntn, wilson :. Bl'Scl, Ma
lin l. townsend and Gcor-. f. Daniorth
ON ihe Supr me Cour;-Jo-cph H. thoate, w.
no.rkc Coclran. Udlo Close, Timothy r. Bush, Ar
i'' aa le M "e'S q SmIi ',Ti and ,@ian % ward. !" "
un the superior Cty Court Daniel g. Rollins.
william o.. Hornhlowcr. Elliott F. shepard. Franklin
Bartlett. Gcor-r g. Rcynold,, Thomas H. PeltsAIl ana
1m r'inty judge and surroratcs-IIomcr \. Ncl
.ff. Ite
/. smith Thomas kaincs, George barker and Francis
" on ali other courts-I. Newton fero. Lewis carr
T,irr, H. whitman charles r. Adams. Albert {.
remnant, Michael \. Lcnry and Hamilton Ward
This was followed by the presentation by eX-
Attorney General Hamilton Ward. Of Belmont Of
the following interesting suggested amendment
of tie Constitution increasing the number of
Judges of the Court Of Appeals 70 fourteen mem
bcrs. with the provision that seven OF the Judges
in future shall be elected and seven Shall he ap-
poin,cd by the Governor and senate:
>or,ion a. There shall be- "A Court of Appc1lN com.
posed Of hoi judge and Thirteen Associate Justices
,rvcn of Whom shall ie chosen by the clect"l' ot ine
state and seven shall be appointed " IN. Governor,
b, and with The consent OF the senate ana 'A'l not
their Office, FOR the period Of fourteen year tnoSe
elected from and including the first DAY ol January
urNt after their election. and those appoiht'd from
The umo ot such appointment
'rhc chef Judge aud A,,ociatc Justices IN ono"
when tn, article shall take elect sh'll 'ol',c ~, a."
such until The cN plldtloh OF li't N'''''
cans, and their ,ncccsSors and Ia supply any vacah
clcS c>-tlnr IN the present court. aud their 'u,,''so
shall hc elected by the people The othrr jusuo n nau
their sucoc,>orr shall he appointed but ho .'c nn
the, Ju>tlcc> shall De appoIh'" ITO" ''
pOlical party. ,,r, and the
concurrence of eight shalt bc necessary 10 uo, 80,
when the court s acting aN one US iTr. I and eight
at any tim" WHENEVER the 'ci , 1 1,,i.ione tnr
associates direct De- resolved lntp W. ''o tn can
W, 60, 49,, n'l,er- ovrr one body the Chief Judge
shall preside. aud over the other 'n'h N'7o' ''
A. tho chief lndlc' shall designate ,o,,
When the Court l. acting IN two dViNlIhs' n W ,ho
he,, shall constitute a quorum of DIVISION d'u NV
concurrence Of FIVE shall be necc' M AIRY 10 "' dissent
but in case any two mcmhtrS oi inc Inc, uti, hv the
the cauN' shall then be considered ana w. " & w Eo ~
Court acting one body ana any can," 80 "' tcprlc
viewed by the whole Court on rearInmeh , o ",,, tin'
and this shall he done IN ca'r' ihE"!mS ~. ,,ro
upou which there /, disagreement between u' wv" Nv"
divisions The Court shall direct what ca.,eI Si,,' M
h dpo,rd Of bv each division and shall have the ap
polnmcnt with the power OF removal "i ~ Icp"," p
clerk and Of such other attendants rs snail pc hc'cS
The Legislature shall not limit in amount in,y9lD@G II,
The In which appeal can be taken t" the Court
Of Appeals.
This proposed amendment was referred 10 the
Commiiic on the Court oI Appeals. In my opih-
ION said Mr.. Ward I, the Tribune c"rr'Spohl-
rut The udgcs under the elective system are
dctcrioIaiinc in quality. Too frequently IN our
judicial conventions it isn't the pest man ""o -
nominated but the man with tic pigGcso Po'
litiral mil Men of inferior rank as lawyers,
Therefore gct upon the bench in 700 many IN IN
stances think tn' appointiVe system '"o"'' w
rest .ycd In "A large nl'dsuIt -, :, .....o- ,t,. n
"Sour nmcudmrnt says that the Governor snaIl
rot aupoint more than three JUSTICES ol the 1oIrI
of APPEALS from the same political Party, ",ho ,ha
present poltical conditions that Would ca" 70 , ,o
appointmcTt Of three Republicans ana % nnt III
democrats members Of the d CIdr vcn S HPp" appoint
w. 'o'' s.v.m,h mdgcP From the Prohibition
% No. sp'f was not thinking Of the proabiGGis's :,
answered Mr.. War! ~ouI w"f Nn@w%%p lg,,r"i1 be
nppointcd a man of no political lcaning,,
Mr. Wright offered the following res"',1m r~,'ta,,n1
Resolved That the With Article OF tnG nroyi"oo
ho an,cricd hv adding thereto the following prov nr
In courts Of record the asrecment oi Cement r, "r of
,uror, and In court. not OF record the aEf''n , ~,
i've ar more iurors shall constitute the Ve'V'' VI
trial jury ~, c,,i,tco
This resolution was referred TO the omf,Iac" ho',
odionrnod until August ,. The committees nlcr
alter adournmcnt and fixed the time tor Cd"r, !rrt
first meetings The committee on P HuPicWNr W, Nnrl,
viii meet in Joseph H. Choatcs oiilcc, New i"aH H
civ. ON June IO the Committee on C3nn'S Tu Hm"
Snrrocotcs' Courts meets in the Town IAN, oni. .