The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-07-30
Work OF tho Judiciary Commission.

There is danger that tho Judiciary Com
mission may attempt to do SO much that all
Its work will come TO naught
This Commission owes it's existence to
tho need OF some method OF enabling
the Court OF Appeals to dispose Of It's busl-
ness more rapidly. Tho Legislature appre-
ciated this need without being able to agree
upon tho best remedy. Accordingly it
authorized the Governor to appoint n Com
mission to propose amendments to the Judi
ciary article of the State Constitution. The
Commission organized some weeks ago and
appointed committees to consider tho sew
cral courts; but up to tho present time moro
attention appears to have been paid to tho
Superior City Courts and the Supreme Court
than to the Court Of Appeals.
There was no demand in any part OF the
State, 30 far as wo have ever heard. for any
decided change in the organization OF tho
Supreme Court and yet tho committee on
that tribunal is said to have agreed to
recommend that the General Term or Appel
late Judges OF the Supreme Court be elected
distinctively rs such, not by judicial dis
tricts as at present, but on State ticket;
and, furthermore, that such Judges be dis
qualified from presiding at trials, and be
limited to the exercise OF exclusively appel
late functions.
Both these changes would be unwise.
The district system Of choosing the Judges
OF tho Supreme Court has worked we'll for
nearly half a century and should not be
abandoned for slight cause. Instead of pro-
hibting tho General Term Justices from
trying cases at Circuit and Special Term, all
Appellate Judges should DO empowered and
required to preside over trial court occa-
sonally. In no other way can Judge be
so we'll qualified to review the work OF other
Judges in an appellate tribunal The JUS
tees Of tho Supreme Court Of the United
States are obliged by law to hold Cir
cult Courts in their respective cir
cults at least once in two years, and If
similar requirement were imposed upon
each Judge Of the Court OF Appeals in this
State 1t would be a good thing Even the
Lord Chief Justice of England does consid-
cradle work as q trial Judge.
Other serious objections to the scheme
formulated by the committee for the reor-
ganization Of the Supreme Court might
readily be pointed out.
In no way will the changes proposed In the
General Term system tend In the slightest
degree to relieve the Court OF Appeals.
Lawyers and litigants will appeal just as
quickly to the tribunal Of last resort from q
General Term composed Of Judges elected
on State ticket as they do now from a
General Term composed Of Judges elected by
districts; and they Will go from the Court OF
Appeals to the Supreme Court Of the United
States whenever they can, and would 60 to
astill higher court II there was one. In New |
York. as in England. experience has shown
that the right to take two appeals is most |
satisfactory to the people, in the larger class |
Of important cases; first to the General |
Term, which is the court of intermediate |
appeal. and, secondly, to the Court Of Ap- |
peals, which is the tribunal Of final judg- |
ment. Many appeals, OF course, are not |
prosecuted beyond the General Term; but |
there Ia no reason to suppose that the num-
Der OF such cases would be increased by |
adopting any OF the recommendations con-
tanned in the published report OF the Com
missions committee on the Supreme Court. |
The relief OF the Court Of Appeals must be |
effected In some other and better way.