New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-22
JUDICIARY AMENDMENTS.
THE CONVENTION RECEIVES ADVICE
FROM MEMBERS OF THE BENCH.
SEVERAL SUGGESTIONS FOR AN INCREASE IN
THE NUMBER OF JUDGES OF THE
COURT OF APPEALS.

THE NUMBER OF JUDGES OF THE
COURT OF APPEALS.
,vxon THE nrGrLu CORRESPONDENT OF INF rRrBuSV'
Albany June 21.-There are nearly sixty proposed
.mepdmcnts to the Judiciary Article of the Consti-
,tor in the possession Of the Judiciary Committee
- the constitutional Convention. Recently Elihu
pot the chairman Of the committee, sent CIR
o,lar letter TO the Justices Of the Supreme Court
.,otng that the committee would be pleased to
- to-day any views which they might desire 10
express upon the propositions to amend the Ju-
,,a,,r, Article Only one OF the Supreme Court
Justices j. Cady Herrick. Of Albany responded
10 ,orson TO this invitation. but Justices Landon.
Williams stover. Davy Adams. Wright Foneit
and Kellogg sent letters representing their views
in an interesting manner.
1usiice Herrick made the suggestion that the
,d,es # the Court Of Appeals and Justices OF the
spnrcm. Court retired at the age OF seventy years
,hould be made members of special court 10 ad-
Indicate upon election cases contested seats III the
legislature and like legal business
are YOU in favor of shortening the term OF the
C,,-.,ra Court Judges to six. eight or ten years
- 4. uroposed I'm various amendments?" asked MI
Root Il am not because of the fact that IL you
~. the terms snort you will not be able 10 get
az able men for judges as you get now Wouiu
ods one additional judge TO the supreme court
pench IN every Judicial District That would give
q General Term of three members HpoE sVeiy
case" ., = 1900
Justice Kellogg believes in ne .boltion OF pen
,,ns q. the judiciary and o. rOses the shortening
Of terms He thinks the Court of Appeals should De
ra.ained In its present FORM and favorS the PROPOSE
ton 20 call upon the General Term to hghteh It's
burdens.
Justice Williams favors an increase In the number
~ Court Of Appeals Judges to thirteen. and Justice
navy suggests a change to fifteen, with two or more
a,,sious The latter would also have the General
Term Of each department composed of five judges.
Justice W. H. Adams of Canandaigua, wrote in
part
think the Judges Of the Court of Appeals should
be increased In number. say to eleven IN ordci Una.
seven members of that court may be in continuous
day o. july: and during the sessions oi the coui |
~ fou~ members who not hearing arguments
system Of alternate service ii might easily be ar
rangei that member of the court would neces-
, sSar' four Consecutive weeks An arrangement
might a 50 be made by which the entire court could
an m cases which, in the opinion of the Chief Judge,
might require some extraordinary consideration
Justice Stoyer. of Amsterdam, is opposed 10 any
change
Justice Judson S Landon. of Schenectady, wrote
in part
The Court of Appeals can be relieved and delays
IN tn administration Of justice materially lessened
by legislation without any constitutional change
Err5r5 in Jaw shall not be cause for reversal
unless the Court deem it probable that justice has
- When a Judgment is reversed by the General
Term and upon a retral second judgment results
which Judgment the General Term now afirms. but
which the Court Of Appeals reverses, instead OF
ordering a trial, as now, Lex the Court of APP
peas renstate the original judgment plus suisse
% In cases where the error upon which reversal
IS granted does affect all the issues let the re-
trial be had only as 10 issues affected by the error
and then let judgment be pronounced upon all the
issues.
casting vote.