New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-10

pIQldlcN, NltdIlN ana lUltifSi 10 N'Ii a. "'"'S-'
TO any deliberations in which they may par
tioipate.
FROM VARIOUS PARTS OF THE STATE.
Ex-Attorney General Leslie w. Russell was the
only other absentee. 1t is hoped that all may
lie present before the final determination OF the
most important questions Inc delegates iro"
other portions of the State represent all shaues
of opinion and all classes OF interests among
members OF the bar. J. Newton fiero, OF hihgN-
ton is as prominent as any OF the younger mem
bcrs He was the chief mover III the creation
OF the Commission. paper which he read before
the State Bar Association last year a"Ioc"' ~
such Il revision OF the ConStItuG0n, !ed 70 inc
action Of the Association That resulted III thc STAT
ute authorizing the appointment oil the 'ohhis-
sioncrs Without the polished grace OF the cl'S
LAWYER Mr.. FicTO has vet such cNceIcn' qu"l-
itinS rs n speaker as TO rank him among the most
effective takers in the room. BESIDE MN ellS
tho Vestor of the Commission, Martin |. Town
send of Troy, although ,e rI,r ''', Of
and beard of eN-Jud9e Douglass boaTdnan' or
ithaca would indicate that he was GROWING NJ
Townsend closely in point OF years. pul W.
Townsend is still as young III hear', apparently
as al tbirtV. and there Is no one among hlS d.,
sociates there who can throw more oil nre dHo
earncstncss more OF humor and interest INTO
debate than can he. Points of interesting III
dividuality there are OH the part ol olher nlch-
hers thot cannot here be recOuntcd.
This however, ought III fairness 10 nc salu
there is manifested the part OF the members
oS "A
a purpose not to secure the advancement OF IN
IiIidual hobbies but TO obtain the best results
from the common experience OF an. my ~
prcssions of personal opinion are decisive uu ',i
nbotic enough: the arguments 10 support OF "P-
nosc various propositions are vigorous ehouSh
But that The minds of the members are hti,,
open to receive new lght ron 'he aIH un' liz
or 10 Give due weight 10 the lnl"TlhIil"h "l Wv
others is apparent 10 the observer. fcTDapS MI
Carter once went q little too far III trNInE ~
nrnservp the judicial balance of his nina. Nhtn
all.
most important discussions of the WecT '"helntI
iudges of the General Term should he clccicd
bv The voters Of the whole state or Locally y WI,
Carter made a speech III which ne pIeschlt" M',m
qreat ability and cogcncY the arguments upon
6ctb sidcs of the question and ended ny Saying
that although lie had grave doubts ahout l. aud
sLonld not feel bound to adhere 10 tAat Wv
no was rather inclined 10 think th1t locaI ere
tions wee best EN-Judgc Reynolds. VINO was
onitc decidedly of the opposite opinion salp
that Mr. Carriers speech reminded MN ol we
comment of the unsuccessful ATTORNEY upon
= certain General Term opinion handed down IN
Rrook lvn-that " il went on Hg-I!g, aIeIln- "'',I
sides of the case zG-2ag, zle-zag, mn me 'r"u"r
was that it came ont on the 2ag lns'o"" u ''''
RADICAL OBJECTS IN VIEW.
II looks as if this Commission was going 70
10 or ,,oino 70 try TO do. something radical. II
i, true the difficulty in the Court OF Appears
u.oe rho urinary cause of the existence OF the
Commission. and if there had been no trouble
,bcre the complaints from other sources wo"Id
NO, have been thought Of sufficient moment TO
warrant immediate action. But IN reinedNIh- ''e
chief evil existing in the highest court, the '"Ih-
nissiorcrs have concluded that they must he-Ih
Io,ycr down. As il now appears, Tie majority
Of The memhcrs-a very slight majority, IL Is
truc but still the maiority-aTc IN favor oil inc
creation of substantially new judicial system
,bronobout the State By vote OF i 10 i the
thirty-Gve members present on "Wednesday oc
ciled in favor of the creation OF "A new N'''"
Court for the hearing OF Appeals intermediate
the trial term and the Court ol Appeals ~ WIS
i'm reality 10 he new court. although us III
diyiduality was 10 be concealed under the name
Of the tribunal by which such appeals are DO"
bcard-thc General Term of the supreme '"Nf'
II was 20 be a State Court in the same sense thaU
the Court Of Appeals now is and not III the sense
that tie Supreme Court is state Court tla' H.
the twenty Judges composing the trlp"haI were
10 he elected by the voters OF me N'''c az
large: tie Governor was to divide me '"e"'N
iudaes into four courts Of five members e''n' anu
one sucb court was 10 sit for I'VE years III c"ch
denortment Then that the court might he re-
moved as far rs possible from local lhhHch'e' ]"
was 10 be provided that not more man one
.,h in.tice shall bc designated from any one
district for any one General Term. MI. 'o'K-
, ,ybo ,cas one Of the dissenting members Of
,ho Su,reme Conrt Committee. pointed ont the
ob.urdity and impossibillty Of application oil 'hN
last provision Ivy snpposng case III Wnic" Il"
If tbcse twenty Judges were selected from oH'
dietrict Many other forciblc objections were
also prescntcd by Mr. Cochran, Mr.. Bartlett. Nj
Townsend and others. Mr.. Townsend was con-
Gdent that voters wouid not surrender their ilth'
- vote for the Judges who should ~ III Their
respective departments, and that neither point
zeal marty would he willing TO FISK 'He '""n'e
That its opponents might control the H'"'' anu
elect the entire number of twenty Judges
The advocates Of tie measure sought =" an
ticipa,e a portion Of the objections by ANNOUNCING
their intention t. bring in subsequently an
amended report. which should profldc Tor Il
nolitical minority representation and also for the
selection Of u certain number Of the i"cniA "iIe'
| from either each district or each department
ms, how that IS 20 be satisfactorily accomplished
| did not appcar: bat il was manifest mat many
| difficulties were anticipated IN arranging tnc 'e-
! tails II would be easy enough - provide con
corning the first election that each voter shouIh
only cast a ballot for one half the number oil can
| didetes Even that would be 10 say, as MIR.
| C0ckran clearly showed, that tie JUDGES """l'
| he elected by the respective polilc'l conventions
and not by the people, because those VII" were
nominated by each party would be certain oil
! election But the troubl" went much further IMAM
| that Tie scheme contemplated that the sixteen
| justices sitting at General Term IN me H'a'"
when the amendment went INTO erect shouId
thcrcupon become Judges OF the ne" court anu ~
contiunc dnrinc the remainder Of their respective
term, of Office Hence, there would be bnl iouI
new Judges 70 be voted for at first and the Other
| eIections ,youId be held as the several terms Of
| the old General Term justices ran out. Minority
rcprcsentatiom could he preserved as 10 THESE ioui
ly providing that each voter shonld V"'" I"l
only TWO Of them. But how could II he pre-
served subsequently as to the whole court IH''
,yas a nat that was not cracked by any ol TIC
advocates Of the scheme before the vote wac
taken. nor Is it likely 10 bc.
There are other practical difficulties that pre-
SEM themselves that may possibly bc obviatcd. bu