New-York tribune., 1890-08-07
PROGRESS IN REVISION.
WORK OF THE JUDICIARY COMMISSION.
A VOTE FAVORABLE TO RECOMMENDING THE
ELECTION OF GENERAL TERM JUDGES BY
THE STATE AT LARGE-ACTING ON
THE REPORT ON SUPREME COURT.
THE REPORT ON SUPREME G.


tis mor,inp AT 10 o,cloch with about half the mem
bcrS present Judge Danforth presiding Judge BarAer
said he understood that the CoHmi9'ioh al a"I"'r"
mcnt last night was ready 10 vote upon the question:
Of election Of Judges Of the General ler lie h"n4h
that on the matter of jurisdiction IL would be W'
prudent to make a separate court OF the "cM.r.,
Term 1t would lessen the importance and the use
fulncss Of trial judges.
Mr. Gilbert offered resolution to DIVIDE the cues
ton on the committees report into six notions and
that was adopted. The divisions were:
First there be but four Judicial districts in
second-shal there be five Justices Of General Term
Thiri-Shall the General Term Judges be composed
Of the present Judges and four additional ones .o..
Fonrth-shaIl the Judges selected BY the electors
Fnh~Shall Justices OF the General Term sit in
other courts . ~.
sixth~siaIl Justices, on appeal sit in review OF
their own decisions!
Upon the prevailing questions, Lewis Marshall OF
Syracuse, disagreed with the views of the committee
Especially did he object 10 election by electors 40 large
instead Of by districts The district elections kept
the judiciary puIcr, and all men chosen were well
enough knOwB to preclude the selection OF unt Wch
James G. Carter Of New York, thought the repor.
Of the committee tended to relieve the present un"se
features Of the supreme CourL The larger part OF
the nsuticiency Of the courts of justice came from
the trial court. The errors committed in the courts
Of trial were for the most part, irrevOcablc. The
General Term was purely local court. The General
Tcrm he said, was Just broad in IT'S scope as the
Court Of Appeals. As the functions of these Judges
to be general, there seemed 20 be why the
Judges should be elected by local constituency. Under
the scheme proposed the General Term Justices were
to do duty for the state. and not for SEXTON, and
therefore the state at large should elect them.
Mr.. Reynolds said it obvious that the men elect
ed to the General Term were by the provisions of the
proposition Of the committee, elected by the people al
large. one Of the essential exccnces Of the scheme
lay in the fact that the General Term Judge might be
sent into any Of the departments OF the state. This he
considered OF the virtues Of the bill.
Mr.. Raincs moved to recommit IT, Tor the purpose of
striking out the line. The Justices Of the General
Term hereafter elected shall be chosen by the electors
Of the state Mr.. Rainess motion was lost
Mr. Gilbert moved that his separate propositions.
offered shortly after the opening ~ the session, be
voted upon. The motion carried. The question
required" Shall there be but four judicial depart
mcnts in the state! ," The motion WIS carricd. after
discussion BY vote Of 81 Ia B. Tho SECOND PROPOSE
tion. Shall the General Term consist of five Justices
in each Department. carried by vote Of 33 io
=. The third proposition. shall the General Term
be composed Of the present General Term Justices and
four additional Iustiocs37 carried by vote Of
= o e.. The proposition shall Justice, u the Gen
cral Term De prohibited from holding Court, u Cham
bcr-. special Terms and Courts Of oyer and Tewnner
was carried by a vote oi - to -.
Mr. Ea,ncs moved that the first article of the report
De- read and adopted. Carried II provides that the
eight judicial Districts ot the state shall continue a.
now organized. Mr.. Raines further moved that the
second article providing Tor four Judicial Departments.
be- considered
Mr. Adams moved to amend the section by giving the
legislature the power to arrange for another depart
mont. and to provide justices therefor when tie
speedy dispatch Of business shall require the and
by giving the additional power Of increasing iuc dis
fpI I,.i L.
maud
Mr Carter thought il the Legislature had any di--
crction IN the matter whatever, they should have full
power 10 make any alterations tlsy close.
AZ the opening Of the afternoon session Mr.. Ficro
offered resolution that committee Of three mcmlee
be- appointed To- arrange time for hearing the rep
rc,crtatlvcs If the state Ear Association and the
member, Of e profession throughout the state with
reference u the amendment Ia thc sixth Article Of the
Constitution The resolution wa' adopted
Mr.. Raincs continued the debate on Nj. Adam''s
amendment tie opposed the amendment on the
ground that It would be unfair 10 the western districts
uf the state.
,lr. REYNOLDS thought that the General Term Of the
s.cuud department should embrace the second and
Third Districts. ~ that change IL would le made
possible To adjust the western departments 50 oN 10
afford better relief than the present proposition would
effect.
Mr MARSHALL offered substitute rc.oluon. pro
the First District; the second Department OF the
second and Third Districts, tn Third Department
Of the Fourth tinh and sixth District aud the Fourth
department Il the seventh and Eighth Districts.
Al-o. that upon the ccrtihcat" Of the presiding
Justice ot any General Term of the nece.-tF there.
ior. the Governor may from lmt 10 tmr transfer
tlccfrom to aiy other OF the General FERNS tlo h'
designate such number of eases pending before
Mr. Bush oppo>cd Mr. Adams, Amendment giv.nI
the legislature power 10 ncrco-" the number Il ud
7 N. ffIfgW
liked 10y the tonmi- lion and embodied Ih t" '"H''-
Nr Adam, believed the Commission should pro,,i Dc
for a contingency. which provision should hc d"riiI.
until The time when additional luds', should bee found
Mr. carter moved To substitute in Mr. Nar,i@.ir
resolution the chief Judge of the Court - Appr1- m
Air. shepard desired division Of the question In
order that he might be heard on Mr. M"r>haiI' pro
'r. Townsend opposed the resolution prop,,ns ,la, m
! Third judicial Districts lie said that the popItt"!
n,rcs of the ccn,n, wond doubles, exceed the popu
! atinn Of the city of New Nork, containing llh one
quarter II the population Of the state. The th - I'
trir contained fnih 800 900 pc,,n rn, Woull give
! the second Department a population % aioH .,luu-
| 600 making the largest department. bN WS ub"uN'
,n Gr il ,,urn, o{ a" NJ" Va, "a-ici
! Mr.. Magshall> amendment H. 10 the division OF the
rhc second section rcrardnS the Transfer Of caS.s
| from one department t. another thru cam" ~ ~
| opposition 20 the section, which he char1cicrl'u q,
| q malo~hit ~ thought fo"r departments ",i'
rnoIsh but rather than adopt Mr. MarSi"li- prop9
silinn lie would favor the formation OF ne" "'P"''
| mcut
YIr Eros, considered the proposition an oblccton1lle
one as in the event OF ,Ntt~, or Worn IN "'N
one or more of the departments. the relief thereof uli
| dcprud entirely upon ih" Nil ot TIE 'oN'iN"f N''
| lurlrr favored the resolution.
| Mr. >hcpad's resolution 10 give the power "i
appointing the additional justices TO TIE pN'oh"
Justices lost.
| The original amendment, to the second section OF
Mr.. Marshall's resolution was lost.
Mr. Ndaln, offered 10 amend ~ follows " The Legs
| lnturc may create another department ana pn\ld"
in tccS therefor when the SPEEDY Dispatch of business
Shall r.puirc the SAME The amfndment w;s' lost
| Judge Nelson moved - reconsider the vote whereby
Wa decided uuit" ~" second ana lhTd pSlflr'
| In ihe ~,rond Department. pom his request the
| motion was laid the table
flr Choat' moved the ADOPTION OF ihc sNohu SEE uoh
| Io. am Carried