New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-18
REMODELLING THE COURTS.
TWO BUSY WEEKS OF REVISION.
THE WORK OF THE JUDICIARY CONSTITUTIONAL
COMMISSION OBSERVATION-DISCLOSURES
STILL TO BE CONSIDERED.

STILL TO BE CONSIDERED.
Necessarily the daily reports in the newspapers
of the TRANSACTIONS of the judiciary Constitutional
Commission furnish mere skeleton of what
actually takes place in the Senate Chamber at
Albany where the Commissioners sit In the
condensation of these reports which the exigencies
Of newspaper space require much of the humor
and even eoquence which the debates OCCASION
ally develop are lost 10 the public. The Com
mission has several men in it who never open
their mouths except to utter words that possess
some keen point of interest. The members have
not felt especially happy over their SURROUNDINGS
but they are probably more comfortable where
they are than they would have been in any other
place that was open to Them Albany IN August
days with the thermometer in the nineties, Il not
q place that most person would choose as sum
mer resort unless they couldn't help themselves
Yet the Senate Chamber is cool and pleasant
spot on such day. and all facilities for the CON
venient transaction Of business are there afforded
them without expense.
An effort was, indeed, made by Mr.. llornbowcr
and Judge Reynolds TO induce the Commission
to adjourn to Saratoga, the free Use of the court
room in the Town Hall of that village, in which
the Court of Appeals sits in the early summer OF
each year, having been offered to them by the
authorities. But those members who had had
experience in that room persuaded the others
that while they might he more comfortable at
Saratoga when the Commission was not in scs-
sion they would make great mistake In eN-
changing the Senate Chamber for that hole,
as Mr. Choatc somewhat dlscourtcously termed
the room that had been offered them at Saratoga.
"You, sir" he said, addressing the chairman, eX-
Judge Danforth, survived the ordeal a mem
Der of the Court of Appeals, because your physical
constitution was superior to the Constitution OF
the State of New-York but | am sure that neither
you nor | care 10 repeat our experiences in that
room at this time of the year The Commission
so voted, and has been getting along very com
fortably in the Senate Chamber during the cooler
days of the last week
COMPLETE SCHEME OUTLINED.
The two weeks work of the Commission may
be briefly summarized. A complete scheme of
the courts of the State has been outlined but
many of the details are yet TO be filed in The
County Courts are to he left substantially as they
exist at present although some different restric-
tons are likely to be placed upon the county
Judges practising law in other courts. The most
marked change in the Surrogatcs' Courts will
completely alter the character of the probate
court in Ncw-lork City. Under this revision we
shall have two SuuogateS instead of one, with
coordinate jurisdiction and powers, like the
Judges of the other courts Advancing the next
step higher, the Superior City Courts of Buffalo,
Brooklyn and New-lork are TO be abolished and
substantially merged into the Supreme Court.
Then comes the greatest the most important, the
really Fundamental alteration in the constitution
of the courts OF the State namely, Tho establish
ment Of new court for the hearing Of first APP
peals TO consist OF four divisions of five Judges
each: that is, one division III each OF the four
judicial departments into which the State is 10 b"
divided. The Court OF Appeals is 10 remain sub
stantay as now constituted except as II may
he affected by the new limitations put upon APP
pcals 10 il from the intermediate court, or by the
possible addition of some judges 10 its numbers
In considering these proposed changes in detail,
much will be found ~ be said in their favor ana
some things TO be said against them. IL seems
singular that there should be any question among
the members Of the Commission as 10 the pro
pricty Of county judges, or indeed any holders OF
judicial Office, practising law in any courts
whether their counties be large or small The
excuse offered is that some Of the counties 10 not
nav their Judges living salaries and that they must
he permitted 70 exc ont their incomes from their
practisc If it be true that there is any county
in the State where such ill-adyiscd parsmony Is
practiscd, there certainly is 10 county IN this
Great Empire State that cannot afford 10 PAY it,
chief judicial officer salary sufficient 10 remove
the foundation from this singular argument. For
tho Constitution itself 10 sanction practice which
all must admit 30 be- wrong IN theory, and which
experience has shown leads 10 evil results, Is
scarcely the kind OF revision that has hcen looked
for from this Commission The way In which
the custom works under which lawyer Is Obliged
10 appear before a Judge against whom al the time
he NAV be carving on a hard-ioueht contest ae
opposing attorney in an action in another court
has had It's full cxcmplifcation In the civil DIS
trict Courts Of this city The argument 'hA'
has been advanced in the Commission that the
country members ought 10 be permitted 10 ar
range the part Of the judiciary article "hlch
especially affects them in the way they see III
without the Interference OF the city members
ought not 20 avail TO permit such pcrncions pro-
visions to creep into the revised article
NEED OF ANOTHER SURROGATE.
Surrogate Ransom is understood TO be opposed
10 the proposed addition Of another judge -
share the judicial work of his court, lie has
been bard and conscientious worker. and his
opinion deserves, IT doubtless has received,
full consideration. But IL would seem that one
who has gone through the experiences which hc
has in attempting TO keep up with the accunuIa-
inc probate business in this city would be the
first 10 recognize the necessity for the creation
Of a new Surrogateship. l!c does, indeed, recog-
nize the necessity for Judicial aid, but appears
70 think that this should take the form OF an
assistant, who would do such part OF the Judicial
labor as might be allotted TO him by the Surro-
qatc himself his decisions. however % be subject
TO the confirmation OF the Surrogate. But this
seems 10 be an objection growing out of judicial
pride in maintaining the solitary dignity of the
Office rather than from the purpose 10 secure
the best system of adjudication respecting pro-
bate matters in this city. The fact is that the
work Of that Office in New-York is fast assuming
proportions quite beyond the powers of any one
Surrogate whatever his ability and conscientious
industry land both are conceded 10 Mr. RANSOM