New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-08-27
a MEMORABLE REVISION.

The favorable consideration that the proposed
new judiciary Article has received In the Con-
stitutional Convention Is gratifying. Some
changes in the provisions as they came from the
Committee on Judiciary were inevitable. That
50 few radical notifications have been adopted
indicates how deeply the Convention has been
impressed by the wisdom Of the committees
work Few captious criticisms have been in
dulged in while number OF the amendments
presented have been we'll considered as 10 be
accepted by the members Of the committee
itself as manifest imI .ovements upon their plan
Of the new judicial system OF the State.
The significant fact Is that, from present in
dcations no marked alteration Is 10 be made
Ia the substantive part Of this plan as II left the
hands Of the committee. The Convention, 1t Is
true, has, in addition 10 some minor amend
mepts, considered IL unwise 10 alter the organi-
cation Of the Court Of Appeals as now con-
sttuied; and in this the members have the
sanction and approval Of the Judges themselves
Of that court, who may certainly be considered
competent to pass upon the question whether
their present number Of seven Is sufficiently
large to dispose Of the appeals coming before
them. 1t will be time enough 10 enlarge that
court when ats members are ready 10 certify
that they require more associates 10 share the
burden Of the work with them. Moreover. II Is
evident, If the main part Of the new judiciary
Article remains unaltered. that the greatest re-
lief to the Court OF Appeals will come. not from
an enlargement Of the number OF its judges, but
by the limitations put upon appeals 10 the
highest court by means OF the new appellate
tribunals that are 10 be substituted for the ex-
listing General Terms
Ii Is. In fact. the establishment Of these inter-
mediate courts OF appeal that constitutes the
distinguishing feature as well as the great merit
Of the proposed new judiciary Article The
consolidation of the superior city courts with
the Supreme Court In the chief cities Of the
State. is both an important element In the
change and necessary incident 10 H. This
does away with the anomaly Of conflicting de-
cisiOns between the General Terms OF these diff
ferent courts, each with the same general juris
dcton. 1t dimnshes the number Of useless
offices held by clerks and court officers and re-
duces the machinery Of the courts 10 a homo
geneous system quite different from the exist
ing condition Even the judges Of the courts 10
be abolished some Of whom have been earnest
and persuasive IN their pleas for the continu
ance Of their separate tribunals. should per-
sonally be satisfied with the proposed change
since they have added TO the dignity OF their
former positions the importance Of place upon
the Supreme Court bench. This increase in the
number OF the justices Of the latter court should
enable them to combine the calendars and dis
pose Of the entire mass Of litigation more ex-
pcdtlously. carefully and justly.
But all will turn with most hopefulness to the
proposed new Appellate Division Of the Supreme
Court as the source Of the chief reforms 10 be
made effective by the revision Of the judiciary
Article. The Court Of Appeals will look 10 this
tribunal 10 afford relief 10 their crowded calen-
dars by ending within its doors all controversy
over disputed questions Of fact Besides the
added dignity Of this appellate tribunal. the in
crease In the number OF judges 10 five and the
opportunity for deliberate and concerted judg-
ment on their part in the rendering Of decisions
will all operate 10 terminate AT the first appeal
many legal disputes that now are carried from
the various General Terms 10 The Court OF APP
peals.
The judiciary Article II stands. de-
| spite the considerable number Of minor amend
| ments made In Committee OF the Whole has
been shorn OF none Of lis essential features.
| II probably has suffered less mutlaiion than
! Mr.. Root and his associates upon the Committee
on Judiciary feared and has aroused less adverse
criticism than they expected This favorable
| reception by the Convention Is doubtless due
| 10 a considerable extent 10 the admirable and
convincing report with which Mr. Root pre-
sented the work Of bis committee; but much