The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-08-17
Tho Judiciary Article OF the Revised
Constitution.

The completed report OF the Judiciary
Committee Of the Constitutional Convention
was submitted to that body on Wednesday.
1t proposes extensive and important changes
in the judicial system OF this State. Tit
main ideas upon which the new judiciary
article has been framed are excellent.
Some Of the details will probably be found
to require modification in the course Of the
full discussion which the proposed amend
ment is sure to receive in the Convention.
In the cities OF New York, Brooklyn, and
Buffalo there now exist four local tribunals,
which possess in the cities in which they are
respectively located practically the same
jurisdiction as the Supreme Court. These
are the Court of Common Pleas and the
Superior Court here in New York, consist
ing Of six Judges each; the City Court of
Brooklyn, consisting of three Judges, and
the Superior Court of Buffalo, also con-
sisting of three Judges. It is pro-
posed to consolidate these tribunals with
the Supreme Court in the districts in which
they are respectively situated. BY such
consolidation the separate offices Of four
clerks wi. be abolished, and it is believed
that the labors Of the Judges can be so ar
ranged and distributed as greatly to in
crease their efficiency. Each OF these
superior city courts, as they are called now,
has a General Term Of its own; that is TO
say, several Of the Judges spend a portion of
their time hearing appeals from the de-
cisions OF their associates. These appellate
branches will be abolished with the courts
to which they belong, and the Judges who
hold them can turn their attention to the
trial of cases exclusively.
This matter OF the consolidation OF the
superior city courts with the Supreme Court
is one which particularly affects the cities
In which the local courts are situated. The
preference of lawyers, ~litigants, and the
people who have business before the courts
in these cities should control in the dispo-
sition of this question. We are informed
that their preference, so far as the Judiciary
Committee Of the Convention has been able
to learn, in all three cities is strongly in
favor OF the proposed union.
When the Constitutional Convention
came together it was well understood that
one of the most important subjects which it
would be called Upon TO consider was the
contrivance of some method for relieving
the Court Of Appeals from the burden OF
litigation with which it has been overloaded
Of late years. Many suggestions were made
as TO the best means Of attaining this M
One was 10 enlarge the court Of Appeals, SO
that it could sit in two or three divisions.
A very serious objection TO this plan was,
however, generally recognized by lawyers. In
a court Of last resort thus constituted there
would hardly be that harmony of decisions
and judicial utterances which is necessary
in order TO enable such a tribunal 20 do the
best work and preserve the respect and
esteem of the community. Another sugges-
ton was TO limit appeals with reference to
the amount involved. The limit is now 1--WE
hundred dollars. The Judiciary Committee
OF the Convention has very wisely resolved
not only that they would not recommend
any increase, but hat the Legislature itself
ought TO prohibit such an increase. On this
point the committee say in their report:
I'VE could limit the Jurisdiction Of the Court OF
Appeals by nxlng a minimum amount aud permitting
no appeal In any case not Involving that amount We
deem this decidedly objectionable. Important ques-
lions Of Law ArlsS In small cases As well As IN large
OneA great majority Of the people have only small
cases 10 be determined; and thls should b. their court
II they ehOOss 70 avail themselves Of il, - we'll - the
court q thsLr wealthy fsnOS StaLsAA On 1s -