The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-12-01
The New General Term Judges.

The New General Term Judges.
A number OF important changes in the
membership OF the appellate courts In this
State were announced In Albany on Sat-
urday.
At the close OF the present year Judge 10
sEpH POTTER of Whitehall. who is Justice
Of the Supreme Court in the Fourth Judi
cial district. with retire from the bench on
account Of having reached the age Of sew.
enty years. the constitutional limit OF SER
vice. He IL now sitting by appointment
| OF the Governor as Judge Of the Sec
ond Division Of the Court Of Appeals.
At his own request HE appointment
in that temporary tribunal has been
revoked. and for the rest OF tho year
he will resume the exercise Of his powers
| and duties 40 Supreme Court Justice in his
own district. The Governor has selected o.
his succeSsor 10 the Second Division Of tho
Court Of Appeals Judge JuDsoN B. LANDoS
Of Schenectady. who 10 now an Associate
Justice Of the General Term In the Third
Department. Judge LANDoN IL one Of the
best known lawyers In the State. and is
also prominent In educational circles. on &C.
count of being ct the head OF the corpora
ton OF Union College. We think his ap-
pointnlent to the Court Of Appeals will be
generally approved by the legal profession.
Under the system Of legal procedure
which prevails In this State two appeals are
allowed in almost all important cases. civil
or criminal. First. an appeal from the
decision OF single Judge or jury to q
tribunal Of three Judges known as General
Term: and secondly. an appeal from the
General Term to the Court OF Appeals. con-
sisting OF seven Judges at Albany. The
General Term under this system IL an In
termediate court Of appeal except In cases
involving less than $780, which as q
rule cannot be carried to the Court
OF Appeals. For convenience Of nd
mnistration. the State Is divided into five
judicial departments. in each OF which
there is General Term OF the Supreme
Court. This city by itself constitutes the
First Department. The Second Department
consists Of the nine southeastern counties
OF the State. exclusive Of New York county,
and the General Term meets in Brooklyn
three times year and in Poughkeepsis
once. The municipal centre Of the Third
Department ia at Albany. and the General
Term meets in that city and at Saratoga.
In the Fourth Department the sessions Of
the General Term are held at Binghamton.
Syracuse. aud Utica: and in the Fifth De.
partment. which embraces the western por-
ton Of tho State. Buffalo and Rochester
are the meeting places Of the General Term.
In this city the only change made in the
General Term OF the Supreme Court 10 due
to the retirement Of Judge CHARLES DAN
1E1s of Buffalo. Governor HILL has desig-
mated Judge MORGAN J. OBRrKN to be an
80 xho IL
his place. This is good appointment. Al
though both in age and term Of service
Judge O'BRIEN L. among the Junior mem.
bers Of the Supreme Court in this city. he
has qualities which peculiarly fit him
for good service in the appellate
branch Of that tribunal. He is stu
dlous. careful. painstakipg. and con-
soientious: he writes with facility and
clearness; and he enjoys in a marked de.
gree the esteem and respect OF the legal
profession. We can express no kinder wish
in his behalf than that he may attain the
respect and distinction which were enjoyed
by the admirable Judge whom he succeeds.
It is notable fact that with the retirement
OF Judge DANIELS the General Term Of the
Supreme Court In this city Is left for the
first time since Its organization under Gov
ernor DIX without o member from some
county other than New York.
In the Second Department Judge CALVIN
E. PRATT Of Brooklyn. who has Just been
unanimously reelected to serve until he
reaches the age Of seventy years. is reap
pointed to his old place az an Associate
Justice Of the General Term.
In the Third Department at Albany the
Hon. WILLIAM L. LEARNRD retires from
the General Term on account Of age. and
il succeeded in the Office Of Presiding JUS
tice by Judge STEPHEN NJ. MAyHAM OF
Schoharie county. This promotion OF
Judge MAYHAM makes o vacancy on the
General Term which the Governor has
filed by appointing thereto Mr.. d. CApY
HERRICK. the newly elected Supreme Court
Judge in Albany. Governor HILL has been
regarded as the political enemy Of Mr..
HERRIoK. Whatever his sentiments may be
in regard to Mr.. HzRRIcK's course In the
Democratic party. 1t 10 evident that he has
the highest confidence In his judicial ability
and integrity: and this choice is one which
certainly shows that tho Governor can and
does rice above small considerations In the
administration Of his high office.
The only other appointment which 10 not
simply renewal Of o former designation 10
that Of Judge JOIN 3. PUTNAM Of Saratoga
Springs to be an Associate Justice Of the
General Term in the Third Department In
place Of Judge LANDoN, who goes by pro.
motion into the Second Division of the
Court Of Appeals. Judge PUTNAM Is Re.
publican; 30 Is Judge LANDoN and SO is
Judge Porter, whom Judge LAHDoN sue
ceeds In the Court Of Appeals. The politi-
cal complexion. therefore. Of the Second
Division Of the Court OF Appeals and OF the
General Term In the Third Department re-
mains unchanged.
The Cherokees--Important Act OF the
Tahlequah Legislature.
1t Is exceedingly important news from
Tahlequah. the capital of the Cherokee
Nation. that the Legislature Of the Nation.
which is now In session there. has at last
concluded to sell to the Government the
great tract of fertile land known as the
AL ntn. - At..d Al.