New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-04-09

/ earnestly advocated at the last meeting OF tne
NewYork State Bar Association an Increase oil TINS
limit for the purpose OF diminishing the business
| found il met with almost universal opposition
from the members OF the Ear outside the city o'
New-Yorl< The other suggestion was also discussed
Of Limitation subject matter. ana hat was dee'i''
10 be utterly imprdctcahle
We come then to consider the other methoi o'
relieving the court by the increase of It's members
Two suggestions have been made in regard 70 'ha''
one to divide the court parts. AZ has hereto
fore been done in the Commission OF Appeals anu i.
the Second Division 81 the court: bu; That mas pf0Nu
In practice exceedingly unsatisfactory. Ih're W.
a question discussed In the Court OF Appeals ana
the commission ~ the SANE t.me-in the court uhl"f
the title OF Thurber vs. Blank. and in the coHnis-
sion. the Mechanics and Traders Bank va Ddkih'
both Of which were arghed AZ the same uhe Nv
two branches came 10 exactly opposite coh'iuS"nS
In regard to the same question \ MOTION WIS "lH"e
I'm the commission for reargument upon IN"
ground that the court had decided the question t'e
other way The motion was denied new tria'
was granted in the Mechanics and Traders i'ahN
W. Dakn. which came back 10 be- tried before 'unbe
Donohue and he made the remark that prooapF i
the first time In the history OF Jrrspru''"'e
that a Special Term Judge had been called upon I"
decide which Caesar and which was caesar
wife Aut" he added. the decision OF the court
Of Appeals in Thurber vs.. Blank has been wha'
have always considered the law 10 be. ana snail
follow the court. Notwithstanding the decision OF
he
General Term. where the judgment was aWrinei
but Noah Davis then presiding justice. wrote very
able dissenting opinion upon the ground mat al
though the law OF the land was established IN the
case Of Thurber Blank. the law OF the case III
question was established by the commission anu
| that they had no right TO look beyond that Ina'
would have raised Il very serious question had IN"
case been taken to the Court Of Appeals. but hap
ply no further appeal was prosecuted
~ r,>,r ,pGFD Court
An enlarged court TO sit in the hearing OF the
cases would rather tend 10 retard than 10
facilitate the business OF the court. but
have advocated that there should be rotary
court: that we should have court Of say thirteen
members. Of whom seven should be competent
quorum, and that the court should SIT cohu"n-
ously: that the chief Justice should be excused
from writing opinions and that one after the other
should leave the bench and Others come on 10 take
their places that virtually half the court "ouId
be engaged in deciding cases and writing opinions
and the other half in hearing arguments. AMI In
that way the court would be preserved homogeneous
and the business be dispatched. have been IN
formed that Judge Finch has made an elaborate
study Of this and demonstrates its feasibility
"Do YOU believe in aboishing the Superior
Court and the Court OF Common Pleas! WAS
asked Judge Arnoux replied:
Most emphatlcally no The Tribune has taken
| noble stand against the destruction OF our 'iV
Hail. and under the ScHptura Injunction p"S'roy
not the ancient landmarks" II there were no hshe9
reason should oppose the abolition OF the courts
mentioned matter OF sentiment. Inc common
Pleas has had an existence Of over two centuries
The Superior Court in Its early history was IN"
most celebrated in all mercantile cases Inc DE-
csions Of Jones Duer. Woodruff and Its other great
turtsts established the principles OF commercial law
I'm this city But is higher reason thah mere
sentiment for the opposition. Those who remefhber
the terrible days Of the Tweed Ring and who had
occasion practise in the courts knew tha' uhu''
the Infamous Cardozo the Supreme Court was
Tammany annex. Even In those cases where 'h'te
were no politics. lawyers degraded themselves IN
many Instances by employing Tammany c"nnse I"
argue their cases Corruption In iis worst form
nn,,ured pr,vate decisions My Gratz became
bvword Mt in matters Of public interest the SUI
perior Court and the Court Of Common Pleas proved
70 be the cltizens' bulwark Tammany never was
able to control all the courts. Redress denied IN
the Supreme Court was afforded 10y the SUPERIOR
Court and Common Pleas.
Another rSi1son why one should hesitate 70 ap-
prove Of such a measure Ia It's origin. The whole "i
this proposal 20 abolish the courts originates with
Tammany II cannot b. unknown 70 yon that the
leaders OF Tammany attempted To dictate to the
,udges OF me Court OF Common Pleas who should
he made It's clerk and when the court refused 70 D."
10 their behest they Then denantly announced 10
those Judge, that they would abolish tn" court w"
are coming I-crousiy near the condition OF things
though nor probable. IT is possible that W. may
again have 10 r.y upon those courts To protect ~
/ from this s-ini-c mnal olgarchy.
PERSONAL TAXEs
As to aboshing taxation on personal property
! the ex-Judge said:
II is a most desirable measure Beccaria IN his
| great work crimes. and other authors following
| th, same thought have divided Grim" into Nv"
| hat ,11tic ~
* 'malum prohibfum': tina; is To say, those which
are wrong in themselves and those which are mad"
! wrong by municipal law. And he lays II down NAT
a man Is not guilty 81 moral turpud" who Is guily
~ snuggllnP for II may be crime in one coun-
| try and not in another and man. therefore. ~
| FAR as conscience is concerned. when he smuggl'S
e,nnlv takes the risk that II he is caught he VIII
be punishei either by loss OF goods or 10y mprson-
ment or by both.
The same principle applies to taxation for revenue
| Of any sort Many men who would lay down the'r
lives for their country do not hesitate 10 resort l"
any device or scheme that will enable them 10 de
fraud the state Of tax. The law OF taxation on per
sona property has been In existence In this state
| for more than MY years II IL most significant
| and conspicuous failure.
| Some eight or ten years ago had occasion 10
study this question in presenting bill for exeinp-
ton 10 the Legislature. found that In one county
| in this State there only two persons taxed ~
| owners Of personal property; one was WHO" ana
| the other an executor. ] found mat IN another
| county OF this state. according To the census OF
| 1890 the hens in the county We're worth more than
| I,s entire assessed personal property. law which
| after 80 many years attempted enforcement, proves
| 10 te SO absurd ought 10 be expungci from the
statutes Besides this II tends TO debauch the pun
! lie conscience and makes men guilty OF all KINDS
| Of deceit and chcanery 10 escape that law
| I'm tine other hand such tend TO drive away
| capItal If the State OF New-York would abolish
! all personal property taxes. capital from "ther
States would flow here. and ts increase would cause
n diminuon Of interest 10 an extent that womb re-
| ueve the owners Of realty from the increased tax
an re,l estate: tina, IL 10 say far the same Is
| n,ortcap-l with the increased wealth OF the com