New-York tribune., 1890-08-08
CONSIDERING CITY COURTS.
ALTERATIONS PROPOSED AT THE JUDICI
AIRY CONVENTION.
\ MAJORITY OF FIVE IN FAVOR OF THE ELEC
TON OF GENERAL TERM JUSTICES
. BY THE STATE AT LARGE.
LEY TELEGRAPH TO TIE TkIBuNE.l

tBY TELEGRAPH TO THE TkiBuNE.]
Albany, Aug 7.-Another good days work was done
by the Judiciary Revision Commission There wcfe
only three abscntees d. e. Rollins, f. X. Coudert ana
Leslie W. Russell. Upon the final passage OF 'he
section providing for the election OF supreme Cour'
Justices Mr. Fero succeeded In getting IN his minority
amendment which defeated last night. There
was q long debate, Mr.. Cochran opposing the amend
mcut on the ground that such thing rs party lneS
were known by Judge after election. and Mr. Town
send saying that oneourh representation was worse
than none There should be equal division non
partisan board purifying Influence
Mr. whitman asserted that partisan boards were
the most partisan.
The vote was AZ foows
Ayes-Messrs Adams, Bush, Blssen, Choate. Close,
Carr Fiero Gilbert, Griffin, Hornbower, Leary Nesoh'
REYNOLDS, Ralncs, Shepard, Tenant Woods "ano
--1s. Nays-Messrs Bartlett, Boadman, Barker
Carter, Cochran, Frost, Greene, Kellogg Marshall
Pearsall g. l.. Smith, J. {. Smith, lO"hschu' "h''
man. Wright, Ward, Danforth-l7.
Mr. Bartlett made another effort to strike out tne
electoral clause and insert that election OF ]uug
should be By districts. The proposition was defeated
yesterday by majority To-day there was HNc
majority The vote was as follows
Ayes-Nessrs. Bartlett Boardman, Barker. Carter
Cochran. Frost, Kellogg, Marshall Pearsall. 4. L.
smith, James c. Smith, Townsend Woods, wright
ward--15 Nays-Messrs. Adams, lush, Bisseii'
Choate Close, Carr, Fcro, Griffin. Gilbert Greene
Hornblowsr Leary, Nelson, Reynolds, Raihes Shepad'
Telnant, Waldo. Whitman, Danforth-aO
The motion then recurring on the adoption OF sec.
ton four, as amended, it was adopted by VoVe oi
twenty to fourteen. AS passed, 1t stands
Tnsrs shsm ls1m be Ave twenty justices resdeSts
sTso seps the n q s The justices supreme cS@rs
wsS wsS asf s S s H. General General
Term. shall continue 70 be JSsees, ,op OF Which e they
we're pectivoy elected expire The Justices OF the the
General Term hereafter elected shall be chosen BY ne
stter the " adoption Of these amendments, four such
Justices shall be 50 electe ana no aSd eSC' % the several
elections preceding the exptons Of the terms ol
e for which ts ssyea aeS Sa'9sss Tespccvey ii elected
their respective successors shau be eeo'cu'
sections fifth sixth and seventh were adopted and
then recommtted for further consideration
When the AFTERNOON session opeheu' t"e IcPo.. VI y,
The Committee on superior City Courts, New-forK
Comfy surrogates Courts and Local Inferior Courts
was announced On behalf of the committee Mr.
Hornblower presented supplemental report rs Sec
ton 12 as follows: A.,
The superior Court of the city of Ncw.iork, the
Court Of commGn Pleas f0T the ne oo S ana and the CITY
Court of Brooklyn are continued WIN be & pc%eTSs Ter
civil and criminal jurisdiction be conferred by
law but neither Of seh courts sha eAercsS aS Ssdc a
Rsase e nsno OF of the City Court Of BROOKLYN IS
changed to Superior Court OF Brooklyn SAID courts
saan,de sa Se Of ts article a. amended their sue
cessors but the Legislature may provide iF olS al S
Tse Judges q said courts IN Office at the ADOPTION OF
this article amended are continued uili te tb
Judges of said courts occurring otherwise than by the
expiration Of term shall be filed In the same sam man
iaue may provide for detailing Judges Of the SUPERIOR
Court and the Court Of Common Pleas Of !"
that city. and for detailing judges Of the snperor
Court Of Brooklyn to hold circuits anu sett' tbs ,nbc
Interests may require The General Term OF INC ou-
premc Court for the First Department shall have aa
thorty to be exercised in such manner as the Legd ~
ure may by provide to send any acton peh1ihe "a
the supreme Court for the First District or N Ns .aa
YORK for trial at the special trial term of any q
said courts or at circuit court held In saa dS.CM ~
either of the courts heretofore nsIed In this ssoSn ion
or in the City Court OF % m ,se S dSrcct,y !;
tSc General Term Of the supreme Court for the de-
pertinent In which such = ooe1 msa anu in ei,6ci
OF said courts which shall at the sdoSn CI 1"i
article IS ameGGed re4n be peofqht anv Of thosI
courts shall be transferred for determination no 10 SnoT
General Term Of Of the snpree reTs Scen heretofore agned
before or submitted to the General Term o any r Vi M
courts nav he determined by such General Term as
this article had not been adopted as amended 49,.
Inferior local courts Of civil and criminal ursdicuo,
n be sss eseSse S any 1 appellate %rsdcon
The proposed sections arc to preccde 'he is. seool
IN the original report relative to the Surrsgates Cou
of the Comfy Of New-lork
The object. Mr.. Reynolds said, was to leave the
superior courts in the city simply trial courts l(
thereupon moved the adoption OF the report IiS leu
IN a three hours discussion.
Mr.. Cochran moved the adoption OF that portion OF
The report abolshing appellate jurisdiction in these
courts
Mr. Shepard opposed to the scheme, END onelea
resolution that the section be reconhiileu W VI.
committee with directions to report plan for abol
ishing the Superior City Courts ana Courts OF com
mon Pleas and transferring the jurisdiction thereo
and business pending therein TO the supreme Court
and transferring the Judges TO the supreme Court Ii
their respective judicial districts 10 serve out theii
unexpired terms. lie pointed out the small amount
work and the light labors OF the many CLERKS. liz
believed the entire system Of these courts wrong
Mr. bartlett defended the two bodies, saying thai
they did more work than Colonel Shepard desired t(
admit and that the feeling Of the bar was agans
their dscontnuance.
Mr.. Adams also opposed Mr. shepard's idea, main
tanning that it would be great wrong TO New-l orr
fatv 10 deprive her Of these branches and leave an
judicial system imperfect. They were a necessity
and so long as the city is willing TO pay for thein
saw no reason for their abolition.
lanes c. Carter had no plan himself, but he foun
fault Mh ts the od R %ee nS a
gone from them 10 The supreme court iHeS Wei
avoided by lawyers and consequently not inthiSie
with work enough to keep the judges employed. ~
believed in the abolition OF the Superior Court and IN
retention Of the Court Of Common FIeas, Wl'h th
appellate powers added 49,, o. ,.o,.,
MIR Cochran thought the views OF Mr. Carter WORN
~ caref consideratlon RI these courts did not eXis
il would be the duty vi the Legislature imned&tey
create one lie did not believe the people OF the stt
would ratfy tho amalgaLnatOn vi these courts, am
asked what would be gained by consolidation Oh ne
courts lie believed these courts should be Hiaue U
reach mono but residents of New York CITY.
Dir. Carter said that the superior Court was ho
strictly local, but was supreme tribunal. ig'e
was a limitation as to It's process that was all.
had all the characteristics OF the supreme Court -
Mr.. Reynolds maintained that the CITY ooars, . .
Brooklyn, which Mr.. Shepards resolution intended y
reach, doing good work and had been IN eXhbne g
forty years. The people paid for II and wat,9a -, IL
Mr. Cioate considered this question quite as inpol
tant as any that had been considered: These court
were made up OF twelve judges and cost not les
than $e50.000 annually. They were made UP Q
some exceedingly able men, and Of some not SO able