New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-14
SELECTIONS FROM THE MAIL.
THE CONSTELLATION OF COURTS.

7
SHOULD MAINTAIN THEIR AUTONOMY.
To The Editor of The Tribune.
| Sir: | have received copy Of the monograph by
! chief Judge Joseph f. DAILY, of the Court OF Com
/ mon Pleas in respect of the question whether the
Superior City Court should be amalgamated with
the Supreme Court.
The same tcrse and concise argumen. which char
actorizes all the legal decisions written by Judge
! DAILY Is apparent In this statement, and the apt
and choice use Of the pure Anglo Saxon dction is
marked feature.
Rcga riding the position occupied by the court over
| which he presides with such courteous dignity
| Judge DAILY with a mo1csty becoming in one VINO
has taken such n prominent part in the move
! ments of 1870 and ISL, which tender 50 much to
purify tht judiciary in this county. simply states
plain facts In plain words. leaving MS readers 10
draw their own conclusions therefrom.
| The reference 10 the act passed by the Legisla-
ture OF last year IS so unique that must quote
! When It is remembered that the Legislature Of lS@
as well as the Executive Of the State took their
| orders from Fourteenth-st, admitted by the
Speaker Of the House of that year, the keennesS OF
| the comment will be appreciated:
while upon this subject 1t may not be out or
MAC, to notice a measur, which was secretly pro-
| PEELED through the Legislature OF last year. ana
which was intended attack upon the indie
pendcuce Of the Common Pleas and Superior courts
Ii not only aimed 20 abolish them but did not even
! attempt to consolidate them with the Supreme
Court; but gave a monopoly Of judicial power to the
| latter tribunal, and degraded the judges OF the
Common Pleas and Superior courts to the cond-
! ton Of puppets 10 be moved at its VIII THIS
| ylndctive measure dn the shape Of a pro-
posed constitutional amendment - create cir
cult Judges to hold circuits and special terms OF
the Supreme Court easily passed through the secret
! channels OF that Legislature. which did not even
! give a hearing to lawyers. lugants or judges upon
its rather revolutionary provisions; but as the
! he o
and an ultimate submission to popular vote, there
is not much fear that its ignorance and feebleness
will not be thoroughly exposed lts aim was not
only secretly TO rob the people OF two OF their
courts but deprive them OF the effective judicial
aid Of a dozen OF their highest judges at one blow
have called 1t an ignorant measure. for the reason
that the judges OF the Common Pleas and Superior
courts now ex-oiic.o circuit and special term
Judges Of the Supreme Court. AMI the Governor
may rs sign them to SIT in the Supreme Court when
ever the public interest requires No constltu-
tona amendment needed. therefore. TO accom-
plish what the Governor was vested with discretion
to do when nrcessary by mere l!ne Of writing.
The story OF the threat which resulted in the In
PRODUCTION OF that bill and It's passage Through the
secret channels OF that Legislature has not been
told yet and II is needless here TO refer thereto.
II the cid story OF ins)lent Ignorance and
arrogant power. and It is 10 the everlasting credit
Of the judges OF the courts Of Common Pleas that
they refused be- dictated 10 by him VINO owned the
legislature The predecessor of Judge DAILY. In
1872 refused also to be dictated TO by the then pc
Ideal rulers In Fourteenth-st and when scandals
rife and impelchmcats demanded by the peo-
pie and no; 10y politicians. the Court OF Common
Pleas was the court whose iane was uElarhlsned
court could nor be used then, and 1t cannot De-
In al iltioa 10 the logical argument Of Judge Daily.
there H. IL seems - ~. au1,ner which should APP
peal to t. people with "a peculGT force-t Is tnat
feeling OF ahccLonate regard with which We cling
10 material objects wnicH are ass,cateh WIN -
yer memories OF ihc pa lntI ule Iclilocas, "a,
Is abroad In the land - evidenced every now and
the1. but 10 j. chiefly when some pecuniary bene-
OK Will the image brelker-in other words
the QUESTION now Is: HON much Is there ID II Tor
Il II a sentiment TO b.. admired In these busy days
Of strife f2r wealth ana place that prr"c;s me
trees nt Hamilton Grange and desires % ma!a-
There are men,rie. c.ingng around each thai link
Tho past IN The prcs"st. The Court Of Common
Hamilton ON Wechawken's aclds. or Barr was tre1
the first President ~ these United States Jefer
Ore vas hanged a. Tappan Of Arnold was wounded
while calamity nghtng az quebec. fore that shot
was hrel ~ Breeds lIill. or the Continental Con
boston HarbDr. or the Earl Of Chatham had the
Stamp Act repealed before Washington born
vas cstahisheI in New York or Yale College was
FOUNDED, D-tors Captain ktld buri"d his treasures
on GARDENERS Island. or Le.scr was hanged, before
william and Mary College received It's grant.
Nitchcraft was punished In New England. before
the House Of Hanover cane 10 the throne or Eng
land. or there United Parliament OF Great
Britain. the Bank u England wa Incorporated.
or william. Prince of Orange relgncd with Mary.
or James III. welded the sceptrc. Yea. evan be-
fore CHRISTOPHER Wren commenced 10 build St
Paurs In London More than two centuries have
passed sncc those records were CONNER need nd
day they may be- found carefully prsS"rved in that
court. This may he but sentiment. but the senti-
mont IL ore mat appeals TO AL.
Their" ~ stili Mother feature which strikes me as
being very important. taking q very practical v.ev,
OF human nature. and that Is the question Of
patronage"
/ have 20 doubt but that Judge Daily with his
Spartan idea Or judicial purity. would scout the
idea OF favortsin on tho part II the Bench but he
cannot forget the days or 1873 and 1870. be- cannot
have forgotten thr III" discraccs nor tho Blninger
scandal. the rise Of tho ''Cratz frauds. nor the
trayestlcs on justice which were enacted by iu-
dlcAl authority these matters II history. and
Judg' DAY was as active then as h Is now In hts
end"Avor 10 maintain thu parity % tNe bench Tho
iay0ritism Of the bench In respect of referees and
e. would be hereafter the control Of all patron
placed Ia tribunal
II IS an unpleasant admission to make. bu.
rent events wargdpt the statement. and We can
only judge Of ne future in such matt r. by the
past and present.
Tine cogcnt reasoning OF Judge Doly in respect Of
tn called practical cause existing. which demand
cpna'lid lJn. n. II seems to me- uuaEswe able 50
That there remains Hide {, say except that l. Is
10 be hoped taat the members 81 the convention
may be aciuatcl by tha' 9am" sentiment which
caused ne people to disregard ppii.cal lctation at
tn last election I'm respect OF the judiciary
Keep that above fusD!c!On for 'yc.ro wrote.
"Iioc fun3arle ,rtaieg HE ferris aequ.t.f~a
NewYorH. My 10. 1924 X
COXEYS ARMY.
TIE POLITICAL. ECONOMY OF THE rRAnP BEING