New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-15
COURT OF APPEALS RELIEF.
PROPOSITIONS DISCUSSED BY TIE CONVEN'
TON
MANY MEMBERS FAVOR LEAVING THE COUNT AS
II Is-MR. TOWNSEND HAS NO RESPECT
FOR THE JUDICIAL GOWN.
rBy TELEGRAPH TO TIE rEIBUxE.I

lBY TELEGRAPH 10 THE TEIBUNE.I
Albany Aug II-The Judiciary constitutional
Commission IS getting along with its work. and INC
indications are that It's labors will be hnished on
Saturday -,
There wos an interesting discussion TO-DAY on the
relief for The Court Of Appeals, but from Wha' ,ei
from the lip, Of the speakers. the probability Is 'll
the Comm sion will recommend that the court Ire ie'
as at present.
Mr. Cocl,ran's plan found number Of supporters
II that in cases of unanimous anlrlnah'e o' to
five General Term Judges Of any department te
Judgment should be final, unless the judges VI "c
General Term ccr flied that the judgment was open !"
review or A Judge of the Court Of Appeals should
decide that the Judgment appcalablc' ais' u'%'
appcas might be taken from judgments Of reversal or
dismissal.
Mr. Cochran said the multiplicity Of appeals h"h
worked injury 10 tie state ana were oi Il" i''''
to the appellant.
Mr. Townsend favored a court II eleven judges ana
Mr.. Bush was Of he opinion. Mr.. Io"h'"Na
said that the people expected that the court "
Appeals would be enlarged. The Bar Association a''"
had asked for it. He had great respect i'f tue h'
As.nciation He had never joined II, because ne
Thought it was something Hike lawyers trades union
and that If he joned ii he wouh hc asked to strike
II was his nature if anybody asked him t0 strike !"
strike the man that made the request lie ha" EIc''
,pcct for the Court OF Appeals. except when theN
get their gowns on and he had good reason TO believe
that when they got together 70 make UcH u'''9o"'
they took their conioundcd gowns on lie "'a ~
much the admircr Of a gown - other men, pu' "'
wanted 10 see it on the rr person. lie thoueh' ID"
idea ,prang from men who. like himself, came ii"h
Ma-,achusc,-David Dudley Field and Brother carter.
They were all rrformerS: they were all In favor "i
Gowns because il wa, English The Mns"unp''N
Of Massachusetts, he said, had become notorious al
over the face Of the EARN.
The enlargement OF the court found an opponent In
Mr. Marshall.
Mr. Ward Offered a resolution that the Court OF
Appeals be 80 enlarged 10 cnabi, it 10 dispose OF IT,
bushes, without further Imitation upon tho character
Of or the amouut involved in the cases.
Mr ricro champion the fourteen Judge plan lie
said that tomm- sion, and ~cr,ud divisions Of th"
Court Of Appeal, were not satisfactory. Lawyers
never f. that TIE temporary body had decided '-e'
a, the court proper wouid
Mr. Rcyuod, favored two beaded conrt, and dId
not believe III limiting cases The court 'h"u ''
larger Mcs,rs Eoudnan and Carter could sec 10
reason for chansin. tie number 81 Judge. bat believed
In the restriction of uic court lur-d''lon BY ha'"5
all negligence cl-c, stop a. The General Term.
Mr. ChOatc wa. opposed 10 restricting aiN class o'
cases. and favored the retention Of the court A. A.
,rr.cnt He favored a clause in the constitution pro
vdne that when Tie business Of the court GOT beyond
n, reach the court be- empowered to call III seven
lawyers "a assist.
Mr. Woods offered a resolution that the court be 50
enlarged that II could 20 on With rs work "itA"u'
Emitting Is jurisdiction.
Mr. Kcyuold, favored the plan that the Court Of Ap
pcals consist Of nine judges. seven t. constitute
oporrm and the concurrence Of 6vc To be necessary
20 decision aud that all limitations OF appeals be l'i
~ the Lccisia'urr.
Mr. Gilbert moved to strike out certain portions ot
49,, c,or. Offering amendment providing for thc ap
pointlnept by the Governor Of -cvcn Judges OF the
General Term for year. when business Te4u''"'
making two court, a. now. the Governor 70 appoint :"
chief Judge for the division during ther Oor' IL
the HIGHER court the Circuit judge 20 piiorn the work
u the General Term Judges.
vr Adam, offered resolution providing for Il
Chief Judge aud fourteen a>-ocIae judges
he court 10 be IN two divisions TO
he known as the Common Law Division, and the
ronitv Division each division 10 consist of at lcast
x members and the concurrence of four 10 be nec'~
.ory 10 a decision, which would bc the decision "i
the court rule bo provided b, the court for "rEu
ments and the hearing of appeals before inc inI'
onr, and also for the h,arne Of apPal~ from order,
involving Questions ~ pra'tlr', "uN hN " ui''-''
consisting of not l.-- than thr'-' judges "ho' uhhn
mon7 c"ncnrren.r %onl1 be prGc'"n nee ,, !" "'' ''''
Mr. Bush oacr~i rcoluilon, a Thi.a pr2Va," ,' ,n"
The eonri man . have .nr appellate jur>dlc
tnu a. AT present or may be- provided hy law seven
ndyr, to constitute quorum and -N to D" necessary
I7Ie commission took the usual afternoon r'cc-7'
and paid their r,pect- :" Governor HI in b"dN'
10. H..
| favored the couu', remaining a, At p"-ch'' WIN
| limit Of the juri-dicu"n. - q. ..
Mr. Gilbert thought that II the Supn'n" ''urt
tudrl did their whole dufy. t'r" would n' %" Ti-n
for the Cour Of Appeal, a-hue for "-l7'i"'' H
Mr.. Eart,tt said tie money limitation would never
Mr f,.lbcri offered thc following resolution;
| Eo.ol,ed That The L,esatlrr be- nrF'd ny th''
Commission 70 pas law prepared nY me '''""''"' o'
court Of Appeals embracing the following r"-f'cu'o
| features a. % appeal. % the court ~ AH"'' ''""
rdguent- 81 aniIuncc ~ ciVil cases c0h'ut'u III ~
| u,, General Term Justice, o. Wit
| Unless the appellant such case rlHh secure
| rcvrr-al or a ma-rA mobilization - u' Vd-.'"'
auroal.d from uIon he shall pay ~ COST ~ ''u''
H. the pr,.,nt taxable c".'e, percentage upon Ut"
,mo,nt Of Judgment appealed from VIZ: fifteen peg 'n'
o the n-t u GOO tn pr cent upon The "rN, ''"V'
bt IN no ease percentage amounting to les tha ''oo
| of more than 5000.
Iudgc Tenant proposed that Whenever one or more
1drc. of tnc General Term a. -cnt from The d'crhlHa
o, of t majority Of the court the ca-e shnl be- aP
| n~.IaIlc 10 the Coar Of Appci.: thai When ilr
dc,tn of the pending question shall hhVO b''i
| ,b. Commission separately NO'" upon lh- lOA'"'"t
| nrcpo-tlons in the following order:
First Shall there any limitation q the rf"t Of ap-
ne, 10 the Court Appeals where the amount Ia CON
trovcr-y cXcced- fIOOl
Second-sha De limitation of th' rRh' VI "P
neal 10 the Court Of Appeals for acton IN neFifanc''
Third Shall there any Limitation of the HFht 10 'P
nea 10 the Court App"s- from orders. a. -ta"u III sup
| Elemental report Of Court of Appeals Cou'mitt"ci
Fourtbsha the Court Of Appeals consist Of moro thah
| seven judges