New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-20
FROM BENCH AND BAR
GATHERED IN TIE COURTS AND AMONG
THE LAWYERS

prise to many la.,ers whatever reason may nave
moved tho Commissioners ii is safe to say that ire
court Is moro popular among lawyers than the Court
OF Common Pleas, which Is kept in existence the
work of the superior Court from July l. 1889, to
july l. 1890, includes the trial Of about $50 equity
cases including many long trials the elevated road
litigation. Tic number Of motions Heard, decisions
rendered and orders made and entered was nearly
1900, exclusive Of orders 10 show cause and some
other ex partc orders. Between 1000 and 5000
naturalization orders included in the number OF
orders entered. Six hundred and fifty jury cases
were tried. FOrty seven dcmur?ers were argued ana
disposed Of. At General Term the number of cases
argued and disposed OF abOut 49, exclusive OF
some unenumerated motions. The work was pract-
cally done by five judges Judge Ingraham sat for
almost the entire time in the supreme Court. The
work seemed 10 keep ne judges fairly busy: Inc
two special fields In which the court probably does
much work which Nigh; otherwise be transferred 10
the supreme Court are the elevated railroad litigation
and the naturii2ing ~ aliens. The supreme court
has not done any work at naturalization iOr over
twenty years. Tho time of from one TO three OF tle
earh year in conducting naturalization proceedings
The manner OF transacung business IN me clerks
Office of the court has not been complained Ci among
lawyers while tho former clerk OF the Common Flas
was frequently criticised.
The friends OF the Superior Court who are surprised
at the movement for its abolition SOY that the record
Of Its General Term is high as appears from inc per
ccDtage OF atlirmances to revcrsais In INC APPEAR
taken from the decisions Of the General Term. Inc
figures show that for several years from seventy three
to ninety per cent OF the appealed each year
have been affirmed From two thirds TO thrccquar
tiers Of the taken to the Court OF Appeals from
all the General Terms result IN sustaining the decisions
Of the courts below. The proportion Of ahrnlances
10 reversals OF the Superior Court decisions Is cos
erably above tho average The proposal 10 pay uic
Judges of the superior Courts their salaries Of 80 O)o
each until the end OF their respective terms, and Keep
them In dleness, is regarded rs peculiar one Whle
some Of the judges unpopular others are regarded
as being well equipped for judicial positions as
some Of the supreme Court justices. Judge Freed
man especially IS highly respected by lawyers. The
advocates Of the superior Court think that even If the
Commission reaches a final decision adverse 10 thc
court, long time will el1p'c before its fecomncada
lions Goa possibly take effect. The law authorizing
the Commission provides that II shall be appointed
for the purpose % proposing TO the Legislature: at It's
next session amendments 10 the sixth (or Jndlclaryl
Article Of the Constitution The amendments mus
be formulated by one Legislature, approved by the
next and finally adopted by the electors OF me sta
Although the provision OF the Consu1m q a." % %
which the Legislature could change the lursdich0a Oh
the superior and other local courts, mas hot DceH
formally rpeacd decision OF tie f0urt Oh ap"nt
rncns Of 1909 virtual repeal Of the provisions OF
ton. Of thc judiciary Commission couli o. carried on
before January l. 1903. And, n one OF IN" opponents
~ the changes remarked, "a good deal may happen
before tlat time
The attempt to relieve the overcrowded calendar OF
the United states supreme Court Is fully as I'M
portant as tnIt TO change the methods IN tbs state
for there f. no possibility Of the adoption Of any such
quick method OF temporary relief a. the appointment
Of a second division Of the supreme Court. All Of
the pans for relieving the supreme Court seem to
hang especially when they reach the slowly moving
senate II Congress does not act with any greater
occrity In this mater than IN providing Tor inc Just
Increase in the .aa:ics Of the United states Judges
the supreme Court calendar Will not be cleared IN TINS
gen ration. several plans are now before congress
in relation . appeals In the United states Court They
show tina. the same divergence exists in that body,
As in others that have considered similar problems,
between The advocates Of large appellate courts and
tho,c WHO desire 10 limit the cases In which appeals
T. the highest court shall be allowed Senator Evarts
is the leader u one side I'm the controversy Tic
believes In limiting the right %: appeal to the supreme
Court by making the judgment Of lower tribunal
final IN cases In which the Jurisdiction of the United
states Courts Is acquired by reason OF the citizenship
of the parties 10 the litigation. in patent cases. IN
criminal other than capital cases, ana IN many AZ
mjratv cases In order to preserve the hight OF one
appcai fom tho trial court he would form Court Of
Appeals I'm each circuit 20 consist OF supreme toul
rItirc and TWO Circuit Judges The number Of Circuit
Judges Is increased 10 two in each Circuit, Appeals
may be taken Ia the supreme Court ~ capta cas- ana
when questions Of Jurisdiction and constitutional lnter
pretation arise and In few other cases. senator
fdmunds IS the leading advocate OF the other
method Of dlsp6sing quickly Of appeals lie would no.
=,
proposes a practical subdivision OF the court by whch
ihr'c ~ the Judges might hear cases so that TWO or
thr,c divisions Of the court might be sitting at the
same time. He does not propose a. Hos' advocates
Of divided courts do, Increase In the number OF
iudges of the highest appellate court. constant con
c ,ccm, TO exist between the advocates Of these TWO
mcihode Of overcoming The laws DELAYS and who shall
decdc when luri.S learned and experienced a. the
two senators disagree
II is never safe 10 say that anything Is absolutely
new in legal history but there is something apparently
unique I'm the begun In Philadelphia last week by
John Jones. IT, through his mex, friend John Jones'
to recover damages for personal injuries john jr, Is
about two years old and shortly before hi birth his
mother while riding horse ear was, the complaint
alleges badly shaken by the unnecessary joltng of
the car that she was injured. Her baby suffers from
hts The child. who has FITS, thlnlls-if any one eau
tell what tho baby thlnhs"-tha that car ride was tlr
cnt.e OF all his woes, which an uniceung court might
otherwise believe caused by indig ton lie ASKS
for $40 900 damages from the railroad company Tor
"thc rtolcrablc pain and anguish from when ne Is
supposed suffer. II long ago settled tat an
unborn child Is entitled 10 be considered A. living for
the purposes NJ Inheritance, and po,tlumos ch!Il
,har, IN his fathers estate lu ~" KIND of ruIt wlch
the Philadelphia lawyer brings appears u De novel
The complaint, In which the Noungstcr who can
scarcely talk tell, In the legal dialect Of Penn'ylvsili
plsadngs Of his past and present ruicrSS, must he