New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-14
THE SUPERIOR CITY COURT.
CONSIDERING PLANS TO ABOLISH II.
PROCEEDINGS OF THE JUDICIARY COMMISSION
AT ALBANY-DISCrSSIoN RELATIVE
TO OTHER COURTS
fBr TELEGRAPH TO THE TKIDCSE.l


to-day Mr.. Hornblower reported from his committee
scheme for the abolition of the superior Court OF
New York which may be summarized as follows
The superior Court in the city Of Now Ork Is
abolished. OF the six judges composing the court III
Office the adoption Of this article, three shaI' DC
come justices OF the supreme Court win the same
powers as other supreme Court Judges ana the oher
three shall become Judges Of the Conrt OF Common
Pleas in York County. The Governor shall deNlg-
nate the Judges OF the superior Court who snail Decohc
Judges of the supreme Court and those VINO Shall De
come Judges Of the Court Of Common Pleas Inc
Court Of Common Pleas is continued Win the powers
and jurisdiction it has, and such further ciVu anu
original jurisdiction as may be conferred by law, anu
shall be composed Of the present SIX judges ana III"
three Judges to be designated from the superior court
All causes pending in the superior Court at the time OF
the adoption Of this article shall be transferred 10 the
Court Of Common Pleas. except actions tna1lc bv th7
cOurt without a Jury, which actions Slah De Trans
ferred 10 the supreme Court for the CITY ana 'onhN
Of York. All appea- from any ofuer OF luuehc"V
made in the Court Of Common Pleas SHAH DC taken
directly to the General Term Of the Supreme Court
and every appeal from order or judgment maze III
the Court Of Common Pleas which shall DC pehui"S
h.for. the General Term OF that c0ut AT the tlhe
~ the adoption Of this article as auchdeh sId po
transferred for determination to such 'eh''l i''m @
Of the supreme Court unless they nave thcictpi"'0 ~
submitted The General Term of the supreme Nour'
far he Department
Cour, Of Common Pleas to hold circuits and spe''''
forms OF the supreme Court. The General WITH
! - ,be Suprcme Court in the First Department NAV
/ cnd any action pending in the supreme 'o"rt
/ in that department or IN the 'o"l' VI
! Common Pleas for trial at special or 'ri'l
! term Of either Of said courts or at circuit
| Court held in said district 49,, .o,
| vr uornblowcr vigorously defended the report
Mr. Choate found objection. 1t was to the 'ia''le1
-, Tho trdces 70 the supreme Court and to tIe 'ouIt
| - Common Pleas lie argued that the peoPic "'"'u
never have placed the Judges Of the superior 'o"''
upon the supreme bench - A..
! 'rbi. induced Mr. Cochran, who Is oppoSc" " 81"
measure. to move to strike out all OF the rrpor, '
.o,,t,, thc words: The superior City Court o'
Ncw-York Is abolished" His mo'ioh p'cN"'' ~ -
vote Of "a yeas to 10 nays. - no
| long discussion followed, IN WHO" ''O
ycv- York delegates argued on the same sr'"nus a
horctof,re subsequently, the action a. 70 'ie
- arolition wa, practically suspended ana the "hoio
! matter was referred to a special 'ol''n'o7o
| Of the delegate, from the FIRST D'''I'''
Mr. Carter then offered the following
,a.o,..d That the matter referred to me com com
nittce composed Of the toIlillN>l9it'N % "ncltion
Dei'Im ir,c when the abolition Of the superior Sonr
should go into effect and thc dlCpo,1i p,',,on w. -
ncs> pending at the time OF lte dl'Solu''on'
The vote resulted: nj.
ye,. Nc,,r,. ADAMS Bush Boardman. Barker BIS
an Carter. Frost. Ficro. Gilbert, Greene Nei'on
U.v,olds shepard q. :. smith, James - 'n''N
Townsend Ward the charnan-lo'
-Bartlett Cochran, Carr, Griffin. Hornbower
KELLOGG. Icary, Marshall, Pcarsall' Woods ""luo
wright-12. 49,, -,,,t,ee q,
when the afternoon session opened the commune o
vcc,nnou, Provisions reported that IT was not pre-
n,rcd to recommend the enactment ot inc rcSoi"''o
- Mr. Griffin which provided that no JndEc '"o"''
Ii on a case where he had received from one oi l'e par
,i 81 clft or gratnty. Thi, resolution was Vo'eu 40"
vr Townsend offered the following addition ~ u'
c,,u.c relative 10 tiuc election Of judges
,,,d,.,aI Officer shall not perform any ohcls
, j., yrhich he knows is Interested person or cor
ro,io, from which such officer shall after his elec
,io, have accepted valuable gift or gritniN' SUD
.eouenrly to the adoption Of this amendment
v uornblovcr offered ~ substitute mat u
iudtcial officer accept or receive U"r"8 MS '", -.
office any pass from any rai'roau COMPANY 80
state -, ,,..,,t. !,
thcso words t,ru m,
yor Shall any judicial officer accept from an,
,.o ,,r c,rpor,rion free transportation for hnS''
49, an, member II his family over the hhe III any
common carrier ,,,c,t a.
Mr.. Cochran offered to amend the a"'i''''''
follows: ,., -, occi,I act
. ,,,'.n H., know, /, interested person or '"rPo''
,,,.. ,,,r, rh,h such officer shall have accep'eu "ui
. nj. form of Office a railroad pas or o'hcF Va'u'U'
90 nr gl,tIity, subsequently 10 the ad'p''o" VI '''
vr w,r said tnat any Judge who could 50 la
frc.t himself - t. receive '"hN'u'''''"
a corporation Ih'sc rights W" ",o n'nuj,od u,
,.,n,, no had to pas, upon should be pN'"'''o" ~
!, -,,turc We have done nothing III wv
Il, ~. mid but increase the number "' J"uHo
ann, abolish court. Now We had better 90 'o'"',''., m
t,r ,,. pc,plc / Will vote for the a'opuo" o' Wv
resolution p,,..,u H,,oc>
onlv Ncs,r,. Cockran Griffin Peif''" nam
.hcnard g. l.. smith and I""U''" ''c''' '''
favor 81 Nr. Cockran'N propositions 1890
,,, ,vrD,nt,, resolution wa, adopted by TINS \"'';
>, v.s.r, barber. Choato, carter, cochran
,, c,u.rt uortlblowcr. Marshall. Nel>on' Pc'iNall
r,inc, shepard e. l.. smith. Townsend D. - '''''
Wrirh, and Ward l.. - ,,,.o
v,,, -Nc,,r,. Adams, Bartlett. hoa''"nn' '','
| ,.r Ernst Fcro Greene. Lcary, Icihait' "oo'' "'
Danforth-l2. . ,..., ,.,,,, ,,l,
,n,,h,,o cxccnting that for which 1t was called u
,,cr and moved the consideration oil the I'p"''
rho committee on the Court Of Appeals. Inc pI'" 'P
feature is the retention of the court On NPP'''' "
exists. ,,.o,, - IN.
-, ,o,,rt IN hearings IN the first dcpa" "heh'
,, os f., the other three departments. Ih' WI
ah ,ho judgments commanded less consldern'o" III"
| th,.,. coming from the other departments
r,. committee Of the First District reported Pla
| for the winding mp Of the New or" superior N' US
evening II was in ehcct that the court ''o"''
ncccnher 81 Of the year following the year III WIN
. -, ,,ci, ,,,es into effect The disposal oil lle Sc'i
,ords and business is 10 be 10y depoNitlhs ''e" VII
,hc Comfy Clerk. who is clerk oi iNo Hu" '"'
Court. The committee also recommends TIA. '''' ~"
f,r the abolition OF the superior court VI ~ ~
le amended to correSp Spond n nearly ~ po>'"" VIZ
l mar # the Ncw York superior Court
, rh. report was discussed and the Noe Dy Wi"'
: ,,, ,notiou to abolish the superior court oi NeN
York was adopted was rt'on''"ciVu r;r @ conn, Cnr
mitcc. wa, referred back to the tif'' iTpnlnS cdpUG
,'Ti ni1u to cover New York, HiooKNh al
Buffalo. A., cor,t ~ ,nDe,l, Committc
.,i thcn taken up again, and Mr. Frost arScd II
adoption. ., ,.. ,.,uc thr supreme Com
- "i ncSN constructed would relieve the Court d
Nppe,l, it would not 90 :" i, to- SS tnr relief
N h,ch.st court should bc carefully Considered. III
w, ,t'v Ia relieve the court wa to TAKE away aO"l
unI; ,',,i. ,rnm II each year lie thought cases II