New-York tribune., 1894-03-12
NE CON<TJrT TJON.II CONTFNTJON.


TIE CON>TIrTTTONIL CONTENTION.
The time is near AT hand for the assembling
Of the new Constitutional Convention. In Il
few weeks il will be engaged actively upon its
labors It will be found impossible to give 10
many important subjects the time requisite for
their proper treatment. unless prior preparation
is made both by special study on the part of
members and also by discussion among The
people The Tribune presents this morning 4
variety of views from thoughtful ana wcll-in-
formed men on TWO of the most important sub
cctS-the judiciary and taxation. No other
matters with which the Convention will deal
so closely concern the everyday interests of all
citizens pOn no other subjects will there be
so great diversity of opinion. No other prob
lens will be difficult Of solution. Special in
tcrcStS will exert their most powerful endcav-
orS to prevent reforms in these directions But
scarcely less Formidable as IN obstacle Will be
the pcrSStcncy of honest and diSn,crcS'eNl nd
vocatcS of radically differing plans.
Fortunately the labOrS of The Convention Of
1880 will make the present undertaking much
easier. That Convention WAS called together
solely TO amend the Judiciary Article. Some Of
the best legal minds of The State were t1cr"
assembled. The members entered into the dis
cuSsiOnS with great carncSincSS, ana for weeks
devoted themselves 10 their task. Although
their work as whole was not approved by the
legislature. the good results have by no means
been lost. The adviSablity. and even necessity.
for some of the reforms proposed by that Con
vcn,ion are now 50 generally admitted that
little discussion and less opposition will lie in
the way Of their present adoption.
But if the Convention Of 1890 served no other
good purpose the extent To which il aided in
the proposed reform Of the judiciary csab
lishmcnt Of this city would alone have justified
its existence. As now constituted. the local
judicial system is an anomaly. and renders i'm
practicable the prompt and efficient admins
tration of justice in New York. The Superior
Court never had any excuse for existence sep
aratc from the Supreme Court the Common
Pleas has fairly Outvcd the good purposes IL
once served. And yet these two courts 20 on
year after year with AL the expensive para
phcrnalia of separate court establishments. with
comparatively little work 10 do while the $u
prcmc Court is 50 Ovcrcrowdcd with SuitorS
that, with the most persistent l2hors, II is two
years behind in Ms work. The Judges Of the
Common Pleas and Superior courts are many
Of them lawyers Of unusual abilities and quail
fcations. Under a icmodcllcd and consistent
system they could he doing much more ell
cient work. Such system WAS evolved ont "f
the discussions Of The Convention Of 1890: it
had received the approval Of many of he most
influential of the Judges and lawyers Of The
town. was adopted in The form of Il constiiu
tional amendment by the LcglSa urc in 1892
and only awaits similar action by the present
Legislature to insure It's submission 10 the
I people This amendment abOShc> The clerks
Offices and General Terms Of The Superior and
Common Pleas courts and ia fact the courts
themselves, making their twelve Judges "Cfr
cult Court Judges They would sit in the trial
of jury cases in the Supreme Court. except when
they were especially assigned To- the equity
branch. ana fh"n they would have all the
equity powers Of Il Supreme Court Justice. in
and out Of court. All appeals would Of course
20 to the General Term Of the Supreme Court
The advantages Of such reform are too
manifest 10 be rccOuntcd. one General Term
instead of three, would obvia,c the conflicting
rulings of three appeal courts in the same
building. Instead of court having inlpos-
sble laborS to accomplish and others too little.
the entire amount of important litigation Of
this city would be in the grasp Of one court so
we'll manned and organized as to handle il with
prompincSs and thoroughncss, and the abuses
of delay in litigation would rapidly disappear
If the present Legislature also should pass IA
voraby upon the amendment. and the new
Convention should treat il as Il settled matter
it would greatly simplify the Conventions la
b0rS. 1t could then devote its energies 10 the
establishment of judiciary reforms operating
throughout The State. Most important of these.
plans would bo those rclatin. to the Court of
Appeals and the intermediate appeal courts
The general sentiment Of the bench and bar
seems 10 be in favor Of Il sins" Court of Ap-
pcals, although the details of lis constitution
The number Cf lis members the manner in
which they should st. and The limitations 10 be
put upon appeals 10 that body. are matters as
10 which views sill greatly vary There Is II
strong sentiment among lawyers and Judges in
favor Of Il small number of General Term being
established 10 act rs intermediate courts OF
appeal, in the manner of the newly organized
system in the United States courts. Bv giving
each General Term five judges. that court
could be in almost continuous session could
dispose Of great volume Of business and
under proper limitations Of constitutional pro-
visions could finally dispose Of many cases that
now are an unnecessary burden upon the Court
OF Appeals.
How pcrplexing are the problems and how
mulifar0uS the remedies 10 arise In the Con
vcntion under the head Of taxation, the inter
views that appear elsewhere In this issue serve
10 Illustrate. From the pcssimist, who dcspairs
Of any amendment to our present crude and
unsatisfactory system, 10 the single-tax en-
thusiast. who sees in any form OF taxation ex
cept upon land values exclusive OF improve
ments a form OF legalized robbery there Is
wide latitude for thousand theories, with