New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-01
THE QUESTION OF APPEALS.
HOW To RELIEVE THE HIGHEST COURT IN THE
STATE OF IT'S BURDENS.


come before the approaching constitutional Con
vention than that which concerns the constitution
and Jurisdiction Of the court or last resort III tfs
State The delays incident to legal proceedings are
proverbial Theoretically, justice between man anu
man should be done speedily as dust can ran
from the foot as was the case In the old Engiish
court quantity termed "Curia pedis puivarzau
But as n matte. OF eact owing TO the system or new
trials rehearlngs and appeals the extraordinary de-
lays which follow the institution or ega proceedings
IN anv OF our courts amount In very many cases to
denial OF justice The litigant who Is not the pos
SCISSOR of means must ordinarily. although ne may
have most mertorous case, be at the mercy OF
tho adversary who has an abundance Of the
''snews of war" and who Is thus enabled to carry
his contest to the last ditch" 1t Is. perhaps no
exaggeration to say that at the very least % per
cent Of the appeals taken to courts or last resort
are solely for the purpose Of delay, or 10 eXtort
settlement or compromise OF the judgment which
has been Justly awarded by the court below mus
It has come to pass that the calendars OF our APP
pelate courts are burdened by appeals in which
there is no merit whatever. while. on the other
hand those cases IN which there is serious question
a. TO the righteousness of the Judgment be.ow' on
the law or the facts, are greatly ana wrongiuHy
delayed.
The jurisdiction OF the Court Of Appeals in this
state has been somewhat curtaled since the in
stitutIon of the court and at the present time 1t
cannot entertain appeal except where the tue 10
real property involved II the matter In controversy
excluding costs. is Jess than $500, unless the court
below allows the appeal. While this provision has
the effect 10 reduce and diminish the labors of this
court. IL is somewhat questionable whether the
limitation is based upon any correct principle. 1t
must be conceded that the claims of htgants. as
a matter OF legal right, rather than the sum or
money involved should be the test OF the right to
invoke the judgment OF courts either by original
action or on appeal TO a higher tribunal. The man
who has suffered wrong at the hands OF his
nelghbor to the extent OF $50 has as Gear claim
% the attention Of a court. and good a right
. protection and redress another who has a
demand for $500 Courts are concerned, or should
be- not with amounts in dollars and cents. but
with the dispensation Of justice in accordance with
established legal principles
Perhaps no subject has received more attention by
the bar Of this State or has been more widely
discussed. with more variant opinion. than the
means by which our court OF last resort may be
relieved Of the great burden which from time
- time accumulates upon It, and the business
OF the lessened facilitated The Legislature
gave us some years ago what was termed 'the Com
mission Of Appeals" which afforded temporary re-
lief Il must be SAIL however. that 1t at the
expense OF that character and dignity which were
accorded to the decisions OF the Court OF Appeals
proper. as all lawyers will concele who practised
at that time. The utterances OF this assistant
court never carried the weight which attached to
lesser degree OF the recently dlsbanded Second
that division were not the peers in all respects OF
their brethren in the First Division but they were
never quite regarded the court"
Notwithstanding the material aid rendered by this
adjunct court the calendar OF the Court Of APP
p'lls is already beginning to give signs OF running
behind In October last II started with printed
calendar OF 100 cases since which time hundreds Of
cases have been added. Although the court has
been un,i recently in almost continuous session,
only some 2oo cases have been disposed Of The old
'yr this court Various '' snggestons have been
made The scheme which appears the most feasible
Judges. with view - having continuous court,
containing always q fun complement Of judges, as
y.uai labors OF the judges would be greater. the
aggregate results accomplished would be increased.
while At the same time the autonomy Of the court
would be preserved
Their is sun another plan which would seem by
10 limit the number Of appeals Why not forbid
judgments involving life liberty and those affect
ng the title to real estate, unless prescribed num-
the propriety Of an appeal? II cannot be said that
a sutton in our courts has any natural or moral
right TO have an appeal entertained from udg-
mcnt against him. To have a rehearing OF the
matters involved. The practice of appeals springs
out OF the ancient writ of error which allowed
to correct any wrongful decision the part Of the
court upon matter OF law. The manifest justice and
proprieiy of allowing one appeal from tribunal
wh"r" I'm the hurry and confusion Of. Jury trial.
there may be excusabe inadyertence on the part of
IN" court III Iayng down the law TO a tribunal
where there may be more GOODNESS and elaboration.
question Of eXpedency. The office of an appeal is 10
correct errors Of law on the part of the court. and in
these modern days. 10 obvlate the injustice the
part Of juries acting not from conviction to the
facts. but from prejudice or passion But when
petent tribunal, there can be no reason or principle
in permitting Il succession Of appeals to different
There seems to be prevailing notion that the
Judges who sit from time to time In the Court OF
ting In the General Terms Of the Supreme Court.
but there Is no magic IN the term Court Of APP
lie nj ifS I'm tDal nd her
fore probably the result OF closer thought and more
careful consideration The judges in the courts be-
low are I'm all respects the equals, as LAWYERS OF
those who have gone up higher. Indeed. they may
be men OF rar Wider experience and broader at
termine which IL right? No person who is in the
courts can fail to be impressed with the fact that
In very large percentage OF cases. the judges OF
unanimous Judgment of the General Term upon
which they sit in review. will not suggest that
the assent Of majority OF the court In most cases
merely perfunctory without a personal and in
dependent examination. but It Is remarkable that
In 30 many cases seven judges In the Court OF APP
peas will be all one way, while the three judges
in the court below. presumably as good lawyers.
1t would seem that solution OF the difficulty will
be found in providing tribunal. composed OF judges
OF the supreme Court. having the same Jurisdic-
ton given TO the present General Terms with per-
haps an additional number OF judges. Then, pro
final unless at least two OF its members advise the
allowance Of an appeal TO the Court OF Appeals al
ltigant 1t IS simply one less chance given him; but
why should he nave more than one appeal, provided
1t be heard before a body Of competent and faith
full judges? There has perhaps been less credit
accorded 10 the delverances OF the courts at Gen
erai Term In this State. by of the fact that
there has been feeling that these courts not
unmindfuls that their conclusions not final. and
perhaps for that very reason their work II not so
thorough. But let It be understood that they are
practically courts OF last resort in their several de-
partments. and the consciousness OF this fact on
the part OF the court will accord to each case as
as is given by the Court OF Appeals to all cases
presented ut its bar. With the adoption or this
method, which will preserve every right of suitors
the latter court will be concerned with the much
smaller number of cases which have TO do with
doubtful legal principles and those involving life
and liberty. EDWARD j. MAXWELL.
Amsterdam. n. Y, Feb. 90 1894.
TRADE IN NORWALK
To the Editor OF The Tribune.
Sir Your telegram from Norwalk dated Feoru-
arv q as to the condition OF trade here Is very