New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-04
THE STATE JUDICIARY.
FEATURES OF THE MEASURE SUBMITTED
BY THE SENATE JUDICIARY COMMITTEE.

BY THE SENATE JUDICIARY COMMITTEE.
A PROPOSED CONSTITUTIONAL AMENDMENT
PROVIDING FOR COURT OF APPEALS OF
FIFTEEN MEMBERS. WITH MINORITY
REPRESENTATION THE WHOLE
PLAN OF THE JUDICIARY
COMMISSION PROB ~
~ ABLY REJECTED.
frRox THE REGULAR CORRESPONDENT OF THE rRIBUNEl
Albany. April 3.-The rejection by the Legislature
of the work done by the Judiciary Commission last
summer and fall In framing amendments to the Con-
sdtution touching the courts VIII not fail to excite
great deal OF talk among the lawyers OF the st'e'
I.ut IL must be said that from the start the sug-
sescd amendments to the Judiciary Article have been
much criticised. The members Of the COMMISSION
themselves after providing for the election OF supreme
Court judges upon general State ticket struck OUT
this provision unwise. Then doubt was expressed
as to the wisdom of limiting appeals to the Court OF
Appeals Finally the Bar Association Of New-fork
expressed its opinion against that portion OF the report
of the Judiciary Commission which provided Cours
of Appeals of only seven members and limited sp'
pealsble cases This last act killed the report
To-day Senator Robertson, chairman Of the Senate
Judiciary Committee, submitted the amendment TO the
constitution approved by that committee, providing
for a Court of Appeals Of fourteen members, with
Chief Judge, making court of fifteen members; anc
the amendment made special order Tor next
Tuesday along with Senator Langhln's amendments
to the Constitution, frightening the term Of the Gov
ernor Senators and State officers to four years ana
separating state from city elections
"The people generally and the members Of the barr
sa Senator Robertson to The Tribune correspondents
"were opposed to limiting the number Of cases which
could be appealed to the Court Of Appeals and, I'M
less the number of cases was limited the present cou
of seven members could not do the work. AS IL is
divisions of Judges eacn, Inc court
is hardly able to do its work.
"What did the Judiciary Committee decide to do
with the recommendations of the Judiciary Commits
sion respecting the Supreme, the Superior ana othef
lesser State courts3"
1--WE zld them aside,D answered Senator Robertson,
smiling.
And win you ever take them ups"
al hardly think So The parts OF the scheme were
60 closely related that it would be difficult 10 accepe
one portion of it and reject another"
And so the entire plan of the judiciary Coniins'
sion for courts for the State is rejected :"
alt looks So" replied Senator Robertson uheSs
the Assembly Judiciary Committee diners WIFI US
and doubt If it wills
The amendment to the Constitution IN reia'ion '"
the courts suggested by the senate JUDICIARY 0V,
mittee provides for minority representation III Vn0
Court of Appeals {" think that feature VI oui ~
port said Senator Linson to-day, "wll De popai"t
one with voters and with lawyers. NO one oesiie'
the members of the highest court in the STATE 70 W
eomposed wholly of the members Of one political party
The present Court of Appeals has hve Demoof"uo
tudces Ruger Peckham, Gray, Earl ana o'brieh' anu
two Republicans, Finch and Andrews
The judiciary amendment In relation 10 to 80 ~.
NJ Appeals. which was introduced by senator Liheon
and aDproved by the Senate Judiciary Commi'tee' Is
given below: Ill, oonor-, that
section l. Resolved If the Assembly concur, ,a
Section Of Article Of the Constitution De anien"''
SO as TO read follows: go -. .rnaals eom-
see . There shall be Court OF fPpeaio; dSos
posed of chief judge and fourteen aSs9" Stoye and
Who shall be chosen by the electors ol to Gus
shall hold their Office for the term OF fourteen Jea
from, and Including the first day OF January .h
ttar their election: except that the term OF ulVse
ecfad hereunder To complete the requisite number
shall begin on the showing telr ele0ttU, th
contnue for fourteen years from ana h1Suns es
Srst dav of January next Thereafter Inc RLoseis,
chief indre and Judges shall compose poIHon. VI
I'D courf until the expiration OF their feSpecvNe
ferms OF Office Every elector may Vo,e d1l .inDs for
sssSclae Judges where than one Is 10 oe
AZ an even number is TO be chosen no eeovoi Shd 81
vote for more than one-haH OF the numper W DC
eSosen If an uneven number is 10 be CHOSEN, no
eactor shall vote for than the SMALLEST hupcE
snfflcient TO constitute a majority OF the hummer
chosen. A., 1,o4 ,hou forr, ounrnm
and The concurrence of four shall be necessary 70
Sacsion In any case the chief Judge or majority
al fhe associate Judges order tnat liie cdso
he heard before not less than ten Judges, wien 'ie
ccpcnrrence of a majority of those before WHOM ~
is heard shall be necessary 10 decision. ~ Vi Tho
nnrnn,s If said court may sit at the same Time me
Ncrt shall have the appointment with the power o.
removal of its reporter and clerk, ana OF SUCH aehu
ma