New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-02-01
THE Judiciary ARTICLE AMENDMENTS


The final revision of the judiciary article OF
the State Constitution, rs formulated last week
by the Committee on Revision of the Constr
tutiona Commission. has been printed ana as
tributcd. II disc!oscs, of course, very few mat
tcrs that have not already been made puDhc
but il affords for the first time an opportunity
to consider together all the proposed amend
mcntS 10 the judiciary article, in the form III
which they will 60 to the Legislature Such
consideration appears to afford occasion for
giving different opinion than has previously
been expressed in these columns.
The printed form as distributed cOntempates
five scparate amendments. The first affects
the Court of Appeals; the second, the supreme
Court, and particularly IFS General Term; the
third. the Superior City Courts the fourth, the
County and SurrOgate's Courts, and the ili'h
provides for tho repeal of unnecessary or con-
fcting provisions. 1t is fortunate that TINS
division has been made. because it brings the
chief Objectionable features of the proposed
amendments all under the fourth head. so thai
it would be possible for that to be rejected, and
the rest. the real essential part of the proposed
reform. at the same time to he adopted and
carried into effect II would be pity to have
a general Sentiment dSdlIiNi tilc Pi'p''i'''' -"
create Z new SurogateShip with equal powers
in this city, or against the provisions affecting
county courts operate to defeat the excellent
reforms that relate to the Court of Appeals ana
the Supreme Court
Final revision has eliminated some objections
that existed even to these essential amend
ments. In the appointment of the four new
General Terms of five Justices each. IN" toy
ernor NAV select three local Judges for the
General Term that sits in this city ana also
for that in the Second District. instead OF two,
as this amendment was first drawn. Inc I'M
itations uron appeals to the Court of Appeals
have received the strongest commentator from
the members of tie bar III all parts OF the state
and promise to furnish the necessary relief 10
its overburdencd calendars. II is noteworthy
in this connection that these provisions, by
necessary implication, repeal the recent amend
mcnt authorizing the organization Of the Sec
ond Division, and restore the court to ITS
normal status of a single and undivided tri-
bunal. If these are adopted in conjunction with
the amendments respecting the supreme ana
Superior City Courts. the State will have gone
far to remove the Ieproach that rests upon tho
administration Of justice in all civilized COM
munities-the laws delay.
These amendments represent, Of course, III
many respects an adjustment OF conflicting
opinions and perhaps do net entirely SATISFY
the wishes and sentiments even Of any mem
hers of the Commission But the most OF the
differences of view are upon minor points, ana
the proposed amendments without question iui-
nish the hes possible combination Of conflict
ing opinions They have bean formulated with
great care after long discussions and careful
investigation. The members Of the Commits
sion command the respect and confidence Of the
people. Their work ought to be submitted
promptly to the people for their determination.
We believe the result Will be thn adoption OF
the proposed remodciling Of Our highest courts,
and that the consequences Will justify the con
Gdencc Of the trainers OF the amendments III
the permanent and substantial character Of the
reforms that will be effected