New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-12
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members is the IDEAL form of court OF last st, re- sr
divided am in favor OF reducing the hu',,o ~
Ss deliIijons Of the General Term in most cases
Gnal see no propriety in having dU In3nr tbe
neal in every involving over $Jp as ~ ono
rr@sent law hearing In the trial court anu anu V 9
hearing appeal ought to be @ bn,ld exist
ttniv for he purposes Of reviewing espcclay III" III,
porant cases involving important a, Ia roo
law. or for the benefit Of the community at '''h
As TO GENERAL TERMS.
As to reorganization Of the General Terms he
said:
am in favor Of the system adopted by TIE eo rTn
Term OF five judges IN each OF IOuI nrnois AZ,
TnDsr cxcept in very limited class of cases
involving questions Of general public ntcrffsTT r ~
unless the case certified up by the Gehflas er
itself or by the Court OF Appeals by ms sc'e' I
the General Terms Will have suinceht uS" 10 bar
and ~. public ana their decisions Will be ma, IT,, IN
most cases. thereby ending mrch ee's rf ,ast
CATION and relieving the Court Oh APPii,' ychcne IL
number now taken there. Ih.s Srncn r'r,s
similar 70 ne present system IS n rG sat- circuit
Courts Of Appeal are made final IN fiosi onI
,lrsdjctonal questions constitutional questions ana
u few other matters unless cases are cer''"e' up
Appeals from the Common Pleas, Superior a mo
SUPREME ecrr of h b,s cy ig" the judges Of
Superior and Common Pleas courts NHtudii' r,
work The effect OF this would be 70 give speelier
trials. and also 10 have fewer conflicting decisions
General Term
As f. the abolition Of the Court Of Common
Pleas or the Superior Court. or both, MI Horh-
blower gave this as his opinion:
am in favor u retaining the Court OF common
Pleas with a reduced number OF judge. say ihTe-.
and making other judge. i9gether ".th thf
present judges Of the Superior Court JH5 i GI
the Supreme Court of this district mink 1niI
would simplify The administration St Jo ar,s Az
Common Pleas has certain branches or lnris iic1,oh
such as assignments AMI insolvency proce'7ings;
b. continued as separate cour; The superior Curt
however has jurisdiction other IMAM lhit "hicii
see no reason why the superior Court Judges should
not be made in name what they are IN idct'
/ see no speca! reason why the city Court OF
New-York should be made a Constitutional Court.
s:ituted and | reason for Il change
Mr. Hornblower did not think the system Of
referees could very well be changed. lie went
on: The abuses in the referee system are either
such "a are inevitable in the administration Of
justice in our great cities or they can be rene
died by the courts themselves by provisions made
in the orders appointing the referees directing
them to the mode In which they shall per-
form their duties"
In regard to reform Of the tax laws. he said:
II seems I, me very evident that the tax laws
should be reformed The present system Of personal
taxation is grossly inequtable especlaAy as II
throws the burden OF taxation very largely upon
trust Estates in the hands OF for the bene
OF widows and orphans. which can Least afford 10
pay the tax owing to the fact tina; the trustees
are obliged to account from time to time. the tax
officers get accurate information with regard 10
the income and value OF the personally ana hence
are enabled TO tax such estates their fun value.
while the personal property Of living mllionalres
ent form should think. be abolished
The subject OF tie mode Of reforming the TAX
laws and the details thereof il too complicated
subject to admi: Of discussion in this manner.
am not in favor Of imposing real estate taxes
contrary / regard such a scheme most unjust.
w s. LOGANs SUGGESTIONS.
Walter s. Logan proposed before the state
Bar Association last month. programme for
the Constitutional Convention with reference to
the judiciary system. which has some novel IDEAS.
He would begin by having only one court OF orig
inal jurisdiction In this State that Is. not count
ing the Court for the Trial of Impeachment ana
the district courts. He would abolish the Court
Of Common Pleas, the Superior Court, the city
Court. the Court Of General Sessions OF New
York City the city Court of Brooklyn. the Su-
perior Court of Buffalo and all the surfosates
courts. There should be about seventy -nVc judges
OF this Supreme Court in the State. General
Terms would be abolished. Mr. Logan said fur
Their:
would give the Supreme Court no appellate IN
risdicion whatever except on appeals nom lus''scs
the peace inferior courts; and as To these me
APPEAL. All original cascs arising in the supreme
Court would have reviewed by single toaft OF
Judges empowered sit in three separate parts. or
all together. they may by rule or order provide
court OF five judges but on questions Of special I'M
porance. where there was difference or opinion
~ W. W.. or finally before the whole fifteen This
or s ons s 81 or Rochd s S as well Al
bany ana possibly in some Of the other cues or ne
STATE Court aGS Of ARPeas pS s ny II the esf &
business which would come before H.
WHAT IS TO BID GAINED
The result OF this judicial organization would be:
J. \ great saving OF expense to the people Of the
State Seventy-nve judges sitting In one court OF
original jurisdiction, with fifteen more in single
oil mill all
ID the work Of double their number sitting in any
ferent courts. hearing double appeals. and over
worked at some times and idle at others.
bgbrr Glass Of Judges The best iegal talent Is
almost always ready to accept position on the SUI
preme Court bench or In the Court Of Appeals with
high honor which attach to these positions; while
it is generally quite difficult to get cbe men 10 ST.
on the benches Of the inferior courts
sci A by no means inconsderabe portion Of a law
yers time Is now spent In considering IN what court
ne must bring suit. and In what court he had beat
bring It. If than Is open 10 him. and 1t IS
made in this regard Another considerable portion
OF lawyers time Is spent in going from one court
into another. and there IL frequent conflict ana
much work done twice
4 IL would save a great expense to suors. for
It is they who have to PAY for The labor ana mis- mis-
the administration Of Justice considerable share
Of the uncertainties which now apperl9in to II.
much more orderly. logical consistent and effective.
THERE SHOULD BE 40 CHOICE OF COURTS.
These principles which Mr.. Logan laid down
bear especially on the question Of what TO do
with the Court Of Common Pleas and the Su-
perOr Court
J. The sultor should not have a choice OF courts
or OF jurisdiction. II such choice is an advantage
10 the pla!ntin II IL disadvantage 10 the de-
fendant If II does either party any good It is un,
fair t. the other There should be only tribunal
and one jurisdiction In which the Judicial machinery
in any given case may be set in motion
.. The organization should be as simple "a posi-
tE crnp MT he dc Ia do he
il Is a mistake 10 have more than one. Divide the
jurisdiction between different courts the best you
will there is pretty sure to be n conflict somewhere
which will impair the usefulness Of both courts;
besides there Is way In which YOU can make the
division which will be at all times fair and even.
You will be likely 10 give court too much to DO
and another too little; 10 have one judge dissatis-
fed because he Is idle and another complaining be-
cause he Is too much worked. II you succeeded In
making a division which ideal ut time. II
would be faulty at another, one kind OF business
should grow and another dwindle. Organize a law
yers Office rs best YOU will and II takes longer and