New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-12-04

Much important work was done yesterday u
Commission having in hand the revision =" NV
Judiciary articles Of the Constitution. MosV Vi ~"
members Of the Commission were at the rooms ~
the Association of the Bar Of the City OF New ."
at 10 O'Clock yesterday morning, the houI "sN
upon for the opening Of the days
when Judge DanfOrth, the chairman rapPc" -"
there were present Joseph II. Choate' James T., a.
Daniel G. Rollins, W. BOnrke Cochran aim ~
lett. Frederic r.. Coudert, Of New iorh' CIV"
carr Port .Jervis: Thomas +. Pearsal' 9rOoN'".
calvin Frost Peekskill: Francis H.. WOODS nio'"S
Timothy F. Bush. Monticello; Marth n~~
Troy: J. Newton Fiero. Kingston :. d. """c
Henry exAttorAey General Leslie v hus>en' INV"
Charles D.. Adams, Utica; Dhniel u" "I"""' u "a
town Ionis Marshall. syracuse; Maurice H. "rlsnt'
- rnance r Gilbert. Stamford Albert c.
Tanna, Coonerstown: Douglas Boardman' l'llacd'
Gabriel l. smith, Elmira James C. SINFUL Oah'n-
sair,a. Michael A. Ltary, Penn Van; Hamilton ward
pe,mont. George Barker, Fredonia; Wilson . bl9seh'
Ruralo and william c. Greene, LockporI
The peudlng question when the lawyers you 'oseO"Vt
- ves the future condition Of the Court
- InneaIs At the meeting of the Commission wIhch
uas held in Albany in August last 1t was deciueu 'nn'
the Court Of Appeals should remain as II no" Is W.
seven members. Many # the commissioners 10
changed their minds, however, ana wore Scsetur'
In favor Of increasing the number of members OF ue
Court ~ Anpeals. some were in favor OF mahlhe 1t
oo,s,st n, nine members. some ten, some eleven o'ncl
Twelve and a few desired that there should be Iour'o'"
,udCss of the Court Of Appeals and thst II shou" Y
sst NJ Two separate courts. Any number Oh propo,,
,ions all tending toward relieving the court u ape
trom the great amount of business which comes Deioo
~ were made. Frederic IL. Coudert led the lUoe' -
.hoso who were in favor of increasing the numoer ol
,ndses TO fourteen, and he made a long ana an cIoiu.r'
argument in support Of his side OF the questo"'
IIero introduced a resolution which in effect proVlued
for an increase of the number Of judges 10 lou'oo"'
Upon this resolution there was a long oIso"ss""'
r. -GeperaI Leslie W. Rus>cl Oph 'N
eoor IN opposition to increasing the nuh'oer "
iudges. He made an appeal for uniformity III a.
He asked for a Court of Appeals so cohs'''eu ""' NV
decisions might be 50 consistent ana JUST '""' w
would always be recognized as law. Inc LoS.si"'"O
which created the Commission, he argued SET uS Vo"
domination upon any increase of the NUMBER Vi '""eC7
Nv Townsend made "a long speech In favor VI al i"
cgaase in the number Of judges. lie areueu lr 'O
n,or suitor who has occasion ~ carry VdsoS ~ Wv
conrt Of Appeals. He spoke s~lightingly OF eA'uu9c
Russelrs plea for uniformity. "eheFdl aim.
partlett smoke against any increase Of the nuniOcr u
judges annaal for
.be increase. Mr. Boardman, who arose L" sPcaA
against the addition of judges 70 the 'ou' " Pr
bench. disapproved Of Mr.. TownSehdS 49,
cardinc uniformity. lie said that the appears " '",
coprt sbould be uniform. Wilson ;. blSSel' uc.d''u
- 49, onrrm.rte which had been made I'm Albany
. us oanrtrced him that the Court of Appeals should
ror,ai, a. il is with seven members. Commissioner
Gilbert, said that he could not see any reason WHY az
number of judges should be increased. no va W
nosed however. to any Limitation Oh tHe ilsn'
nooI nrovtded that there was a proper trlDuiai "
arreai He would leave il to the LEGISLATURE
~ doc,d. what kinds Of case should be appealed Com-
uiesion.r Wright thought that nine judges WOuh oe
mora elective than the present NUMBER ''m"''
sioner Barker believed in a continuously ""N"e
Court of Appeals, one that woWu DC III o''r' "a
stantlv. James G. smith believed ''' t"eIo 80 -.
.La- gaEas Whlrn D1SN N
a limitation any way Of the cases VIM" IL
General Term. Commissioner Ao"' 'P
against the increase.
if,or every one had an opportunity to be he''"'
lanes c. Carter. the chairman Of the committee ''
Court Of Appeals. spoke in favor OF the po'in'n ~
bv the Commission at the Albany mee'n1 III Nu-"7
last. lie said that he was surprised TO near s"niV VI
the views which had been discussed during the u"N
lo onntd not understand why some of the oomhhs-
sion.rs had taken the position that they had TAKEN
Mr.. Carter continued in part as follows D
do not want to hold any man to Ms vote un'ess M
, co,.c, nee ho.d- him there. l do say empha'IcaAy
~ a., mink that 1 have a right u call upon you 70
Stand by me. And now, Nj. President what Is me con-
ftti,n into which this Commission l. IeN'lN'u' J'S' d.
IT was at the first hour precisely We are III a 'n
yo, D., have a Court Of Appeals. but you must IHt Us
irrisdiction in some way. Th're Is a condition "Mch !
shan not contemplate, and that is that We 'ha" 'oV' ~
cortiue the Court Of Appeals, with IT. present !uIiH4.u 'i
and with it, present number. The question no" - wa
- ~, dane for the Count Of Appeals We have FH
> a. f. now j.. Can 1t Discharge the duties "hNh ="
imposed upon it as it 4, now! 30 certainty ho'' ""H
provision have you mad for it, rhH! Noh'. w
uhv haven't We done sol Because We couid ho' aeI''
no. the MEASURES to be- sdop.cd. Increase the hN"D
OF the Court Of Appcals with one 70 esN, VI " ~
eleven if you want 70. Any increase III ~ '~
Apueals means to depreciate he Tribunal oi i@1
,1,sn this step is taken il means that II VIII D. cohONue'
forever. What is the RESULT Can any man heo 'SY' "
this condition, that the opinions d uo Oou " "F ua
will be respected in the tFlDuhai' d N'
are now receiVod2 NO, Sir. no,
During the earlier part Of the discussion judge Ian
forth decided that he would put the question Iet".i
ing the increase of the Court Of Appeals l'Iu4"e -,
various resolutions. substitutes and amendments ""'
had been offered concerning IT, IN TINS hdII"o
shall the Court Of Appeals consist Of more Una
seven ~ludgcsP rbic
vote WAS finally taken upon this question: WHO
resulted in a defeat Of the proposition to increase I"
pumber Of Court of Appeals judges, by the iono""
vote: Rms,
In favor Of an nu7'
parler Coudert. Carr. FlerO, Greene, PedrsaI nv,
mods, q. L. smith, Townsend Tenant ""s"' "'
Wad-l3. ..,o,. poarouan. Bi,sel
cboste CARER, Close. Frost. Griffin, Gilbert Lar
Marshall, Russell. shepard, James C. stRit1' "oou
W"1.da md the chairman. Judge DaniOflh-l 10 :,
"aTpSNp nrint having been decided, the question naturan
followed upon the limitation OF me appeaI ete 10 ' ~ strttr
ot ali of schedule a which includes al tc con nv
lions under which a case con-, ohfect q TO- Ts and The CON
miesioners proceeded 10 consider the scheo1le Sec' ~
~ scrtion To get the subject clearly Deioe u
GComnission. Commissioner Gilbert offered TINS reSo'
ton: ,.u.,ton ~ WIGHT IN anpcal
e shall there be any limitation ~ u" ~ 'PPON
III rbi. va amended by Commissioner Townsend, vi
eucceeded after a roll call had been taken upon d III
stnr ~ mat effect. i'm having the word CONSTITUTIONS
Inserted before the word limitation lTaNHis II
nmel,ion Of appoal a constitutional one. Inns rs"
tton With the amendment was adopted ,pN a NoW
~ TO II. In the argument which t3'k pr W.,
al Question. Commissioner Townsend LOST MS temp
and charged Jane, G.. Carter. by inference WI
making gross nbels upon The legal prorY,,hn' ~,
&c ne had never before heard. ms niue I,pl
having passed OF. the Commissi toners continued d I
dtscnSsfdn Of the business before them. tA Juu
Tnscell moved TO strike out entirely section NO
nhich provides that an appeal can be had under &c
t.Wu conditions, ard To add 10 ochcdue \ d ~
uoc,ioD After much argument and after a numl
OF substitutes and amendment, haa pee" oo "
,oted down. this addition WAS mid":
va mt an appeal NAV be allowed frGm any dctermlt
,iop Of a General Term IN any civil action or ,p
W I-..un Inrrn nr II nAsn ID II = rain.