New-York tribune., 1890-06-01

nIon for relief differs in several respects from the
views expressed by the other Judges. II radical
change is 10 be effected he thinks that perhaps
the consolidation of the supreme Court of the
LIST District with the Superior Court and the
Court of Common Pleas. with one General Term.
might bc cNpcdicnt lie said:
II being conceded that there evils in the present
system and that SOME remedy Should De 9ppi',u, "
and the inequality In the WORK of the judges oi thc
, higher courts 1t seem, To equally clear thal me
uatulc and character ot the remedy should nc 80 P1V,
uortonrd To- cause the least friction ana prevent II
possible the de- ruction of caurc- connected wth tie
present admin strdtlon OF the court, which eiNc DC
cons familiar after wears 0f experience Ia pcutlonrrs
I'm addition. consideration IN my mind entitled 70
great weight II the adjustment oi the y s'H" III t"'
city with that throughout the rest Of the state so h1i
as ~ may hc. the courts themselves ana uelt
jurisdiction should bc alike ana symmetrical Except
in the larger cities. such New ork. lroohH and
Buffalo. In addition e. the Justices OF the supreme
Court I'm each district there county conrt. possess
INK null common law jurisdiction and empowered 10
ritle,. In New York the Court Of Common Pleas
could with slight modification In It's powers and with
place in city which is filed by the County Court
throughout most Of the counties n the state When
wc remember that ut present all appeals rom the
district courts aud tho city Court taken 10 the
General Term of the Court OF Common Pleas. which
mechanics liens, and when recall the fact that the
work OF the surrogate's Court In this county is growing
there would, by a consolidation OF the Snrrogac's
Court with the Court OF Common Pleas. be tribunal
wond prepared to dispose of the work of the two
courts. ,,.,
If this Is not deemed advisable the addition OF
another surrogate would supply the present needed
force for that court This should s leave the Court
Of Common Pleas, which, In my opinion, under any
system, should not be destroyed representing and
filling a. IL does. with uS the place of the County
Court throughout most OF the other counties In this
state Leaving the Common Pleas then with or with
ont the jurisdiction conferred The surrogate by
drafting the Judges OF the superior Court into the
supreme Court 1t would BY giving the supreme Court
working force of thirteen judges, be sufficient to per
form the work Under this plan regarding the
Common Pleas as substantially the County Court with
complete common law Jurisdiction and with appeals
therefrom taken To the GENERAL Term OF the supreme
Court We would have instead OF three courts and
three General Terms but two courts ana one General
Term. and thus asSimihte the practice here To the
conditions prevalent throughout nearly the entlrc
state. one General Term ~ which al appeals.
whether from the Common Pleas City Cour, or
District Court could be taken would result In nut one
rule OF Law. and thus tend to make the law Itself
more definite and the practice uniform than at
present results from having General Term In each
Of the four courts. Provision also should be made
for limiting the appeals from the General Term to
the Court OF Appeals. The by which this could
be effected would be either by making the amount
involved the character OF the appeal the test for
determining In what cases appeals may be taken
In thus hastily expressing my individual opinon