New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-12
CONSTITUTIONAL CHANGES.
WORK FOR THE CONTENTION.
PROBLEMS WHICH 1T WILL BE CALLED
UPON TO SOLVE.

OF THE sTATE-sHALL THE COMMON PLEAS
AND SUPERIOR COURTS BE ABOLISHED,
QUESTIONS RELATING TO TAXDS
on PERSONAL PROPERTY AND
REAL ESTATE
The Constitutional Convention. which is to meet
In Albany In May. will have many momentous
questions to consider. Since the last gathering
Of this kind the Commonwealth has grown SO
much in wealth and population that old prob
lens have assumed different phases and new
ones have arisen. Changes due to the advancing
civilization to the evolution Of ideas of law and
government, have called into being perplexities
which did not exist in former days. The action
taken by this convention will not only be OF I'M
portance to the citizens Of this state but VIII Dc
studied with interes. by the citizens and law
| makers Of other States of the Union. Some Oh
the ablest lawyers in the land are among the
delegates and their conclusions are certain to
have weight with the legislators Of other states
The subjects to come before the convention are
| numerous and many of them are exceedingly
complex Two which have attracted the speclai
attention OF lawyers and business men OF INC
metropolis are the judiciary and taxation. Each
lawyers are. at first appearance most deeply con-
corned IN the changes In the system of courts,
vet their interest In them Is only In behalf OF
! their clients. who form a large part Of the COM
runitv And Of course taxation affects not only
! those who own property which IS assessed, out
also those who pay rent and buy food, clothing
! and other commodities.
STATE AND CITY PROBLEMS.
Some Of the problems Of the judicial system
concern the entire state. while there are others
which relate only TO this city The metropolis
bv reason Of the vast wealth Of its citizens ana
the consequent multiplication Of the complexiy
| and amount of litigation. IS in some respects SET
apart from the rest Of the Commonwealth Inc
! Court of Appeals. TO begin with, Is Oh coulse
an institution which deals with the affairs OF all
the inhabitants Of the State. and Il presents some
grave questions There IS divergence OF opinion
es to how It should be constituted. the crush
Of business made necessary the present system OF
/ First and Second Division. which was estao-
| usbed some wears ago. Fault is found by some
men Of fine legal training with this arrangements
| Tbev do not believe In two branches OF court
of last resort which either hand down con-
Aicting opinions or differenuate principles Win
the ninuteness Of the logician VINO "couid ais
+inguish and divide a hair 'twiXt south anu
southwest side" AS a remedy for this' which
would also provide for the dsDosing or business
promptly as IT comes up it has been suggested
that the two divisions hear different classes o1
cases
To come to this city. subject OF serious I'M
nortance IS the work Of the Supreme and su-
.,.or Courts and the Court OF Common Pleas.
The Judges Of the frst-named are oyercrowdea
,i+t, duties and are slowly but steadily railing
bebin1 with their work. Justice delayed Is
Justice denied. and the Constitutional Conven-
ton is expected 70 take some step. II remeoy
this state OF affairs one plan proposed IS 70
abolish either the Court of Common Pleas or the
SUPERIOR Court, or both Of them
THE SEVERAL GENERAL TERMS.
The General Terms Of these three courts may
also receive the attention of the Convention one
suggested reorganization being to have all ap-
, reals from these courts go TO the same Generai
Term Again. there is division of opinion as
10 whether the City Court should be made con-
sttutional court.
on most of these questions the Constitutional
Convention will have the benefit OF the discus
sions Of the judiciary Commission Of 1890 There
| has not been enough change in the situation
since that time to deprive those proceedings OF
their value. This commission was appointed
by Governor HILL in accordance with an act
Of the Legislature, to report on the advisability
| O
, Constitution Some of the members Of that
body were Joseph II. Choate. William B. Horn
, blower James c. Carter, w. Bourke Cochran.
Daniel G.. Rollins George IToadly, Frederic r.
Coudert all of New-York; Calvin Frost, OF
Peeksldl: Martin I. Townsend. of Troy; ]. New
ton Fiero. Of Kingston; Leslie w. Russell, OF
Canton; Warner Miller. OF Herkimer: Thomas
Raines of Rochester: Wilson 5. Blssel. OF Buff
1 falo. and William c. Greene, of Lockport
1 1t is true that thu recommendations OF this
commission were rejected by the Legislature, and
were much criticised by lawyers but the labors
4 OF the members were not absolutely in vain.
They cleared the way for the Constitutional Con-
vention. at the same time indicating that the So
luton of the various problems far from easy.
This commission provided for Court OF Appeals
I with seven members and limited the cases 10 be
{ appealed The Bar Association Of this city ex-
. pressed itself as opposed this plan and it fell
through. .i..
THE SYSTEM OF REFEREES.
e There has also been some dissatisfaction win
. the present system OF referees. 1t is denounced
e as costly and cumbersome, ard as delaying liti-
4 CATION A bill is now before the Legislature es-
tablishing a board of nine official referees at a
fixed salary of 1900 each. to whom shall be sent
& all references except those to compute and 10
y sell In foreclosure cases. However. among
e those who favor such measure there is feel
q ing that this subject should be left to the Con-
> stitutional Convention for its determination.
e Taxation Is also becoming more and more COM
4 plicated as business methods change The diff
:, Guilty OF assessing and collecting personal taxes
: and a desire to simplify the system have led to
e a sentiment, which seems 10 be growing, In
n favor Of abolishing them. This year, however
e the city Tax Department has largely increased
the amount Of personal property assessed for tax
g ation and thus has blunted the criticism that
much wealth of this kind escapes paying its share
of the municipal expenses.
There is also the principle. propounded by sane