New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-21
From THE MAIL.
EINAT COI-RTS OF APPEAL.


DIFFICULTIES IN GIVING SUCH OFFICE TO TIE
GENERAL TERMS.
To the Editor Of The Tribune.
Sir: In your issue Of March you puDlsheu I"
letter from a correspondent on the subject OF ap-
peas in our courts Ia which. among other things
he proposed to relieve the increasing NUMBER u
appeals to appellate court or the highest Juiis-
diction by limiting the right OF appeal 10 MS
court to cases involving life liberty and titles 10
real estate and such other cases as the Geherai
Terms OF the respective departments may ceruiy
as presenting proper questions to be reviewed by
the Court of Appeals And he advocates that ap-
peals IN all Other cases should be finaiiy pasSeu
upon by the General Terms OF the respective de-
porments of the Supreme Court in ms STATE IN
view OF the approaching Constitutional CohVe"-
ton these questions to be Of immediate ana 50
70 sneak vital consequence and should very prop
erly receive attention from the members OF the bar
OF this State. and therefore, In that belief, peg
to call your attention to what seems to me 10 pe
the objections 10 the remedies proposed by your
correspondent.
ANY judicial system which does not provide for
final appeals to a court absolutely separate ana
distinct from the trial court IS bound to BE- but n
sorry exDedient Judges are but human. ana some
OF them very much 50. and in consequence are
always more or less Influenced by their ENVIRON
ment In my judgment you may elect supreme
Court justices who. under the law, are 70 nom
General Terms ana nothing but General Terms. anu
they would still be subject, in my opinion TO this
they would still be associates Of all the justices
of the Supreme Court in ;he various delirtmtit1,,
and ali subject alike to that subtle inhlehcs WHICH
daily Intercourse and high appreciation o. talent
in some Of their associates W2,,i Dc mnry y. ~
produce. Is /, not clear that Justices sitting AT
General Trims on appe.ls from ne
sarily b. very much biased IN favor OF tmri u' W.
ngsy But. whether this objection be 81 great or
away w,h 10y keeping tho appellate court OF lst
resort ~ 1t - Instead 81 re,.rcunS t"f Le
changed at ali rather enlarge It thlu cur;aIl IT, and
Increase the numerical strength OF The court II
| 20 not agree ;ha; there Is no magic in the
term Court Of Appeals as we mnu' dai ~
argued by your correspondent II has the magic
Of great name an honoTape n't ,;l or an
ton. Il has tn magic or having 81 ,aD.!s"ci anu
t.n, and oriaI preceicns is magic also con
sists Of beng lar removed from the heat ard press
t,demcnf r. a thing very greatly 10 be- desired.
MA again with several General Terms Of the
S Sii s dn courts If APPEAL and q co-orinrie
Jurisdiction. what - 70 prevent conflict OF author.-
sibic - mainisin the dignity mean IN its broad-
ct scnse-of such system by preserving uni
Tn~ idea eNpre,.cI By your correspondent tina,
appeals TO M court OF ARA" SnTa AMI pc THE
real estate. Except when The General Terms EEr
factory and IN. Nm"rican an arrlnSen'nt as coH.u
ba suggested i'riV1.ily, the theory wrong, De
regulated sorN o. statute and In no instance
snoulI IL rest n ih. discretion u any man or set
81 men. IN practice. II has heretofore been tre J
on a limited scale. and think mos members OF
'h. lar viii agre. that they have found Il j. Very
dl,ncnlt. no. Impossible - INA judges VINO
vii admit by granting 4 certificate ihAt hclr
decisions are zen TO any question whatever or SUB
l-ct ~ any doubt
ANY one ~ al familiar with The practical work
ing II the Court OF Appeals In The daily consuita-
lions held los the Court after adjournment IN
reference ~ tn. cases just ar;n"l b"for" H. would
nat .r.n him mat ln the majority of eases whore
a ,uianiruol- decision is rendered by that court
such unanimous decision is reached 10y perfume
tony assent % the same hy The members OF the
court II is No; very unusua. - h1d IN dficut
ami Intricate cas,g a most pllnsiaking and abor!-
"l,slv prr;ar,d dissenting opinion by the members
81 ihis CONT. '. f-l'l'lpi MlNVtN.
Nv Nurk Mlrch ). 1874.