New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-04-30
CONSOLIDATION OF COURTS.
Ex.JuDGE VAN HorsEN's OPINION.
HE pisAGREEs WITH THOSE WHO THINK THE
SUPREME. SUPERIOR AND COMMON PLEAS
COURTS SHOULD BE TNlTLp'


and-twenty-nfth-st. ey-Judge George NJ Van Hoo
sen delivered an address on proposed Consuiu-
tional Changes in the Superior city Courts i--
Harlem Law Ilbrarv was organized To March,
1sg. FOR the convenience OF lawyers lVinS ID Ii''
lem and its vicinity. There are l36 members The il
br,rv has over 100 volumes comprising al TIE
Nrv.-York state and Federal reports ana NeH-
selected collection Of textbooks. is officers are:
Ezra n futile. president; Daniel !. h"y5 treas
urer; Wayland b. benjamin librarian ana george
c. Lay secretary. feature OF us ''iluai ''''''.7
has been an address by judge or jlrst OF rei"-
-ation upon some topic Of interest q lawyers
Among the speakers in former years nave Dee"
Austin Abbott and Rastus s. Ransom
Judge Van Hoesen said In part:
saw in The New-York Trihune p;o ,acgi.'a
character. the interviewer and conssi.d az -".,
civ upon the subject Of changes that ought 10 Pc
made In the organization Oh our courts n,,Ii.
as ! nave picked up 9TH, Albany Law Journal
/ have read In that periodical. SUGGESTIONS OF az
sorts from all sorts 81 Ieop;r' upvi 'v .I c,,~i
the changes that ought 10 b" made III we ~
1t seems TO me that there are aIih'.. a. its
TONS there are lawyers ana JudScsi "Ii . r,..7
concilablc and hOpeossly discOrtant expression oi
opinion in - many quarters 0i me Slat' i!''rc
rived Wnoh Il - sac H. . ' nm .h o1s:l,u.ion OF
1uhuSmeN'". nv \ V' 49,, ~ univ chen ,her. is a
public demand for it. and when 10y wide discus
Sion and profound reflection and a close comp1r.-
son of views taore seems 90 be az least some con
sensus Of opinion aga 20 what thc change ought
With respect TO the judges Of tho Court Of Ap,,
peals. as 10 whether the number OF JNt., ..l'"!i
be increased. as 10 wheth,r u Is prvi.I 10 ne
Ccur; of Appeals among various cotefies 81 WdS's'
there seems To be very wide Gi'Ier,n(, O." @pi,'o;
and SO WIN le9Pa[' 20 York tse Know theIr are
a great many lawyers in the city who cnol tain the
opinion that the time has come when me oGtt pl
merg"d or consoldatcj win ;he supreme Court
and they speak rather oIacu't,y "h,n ,n,E r, ~
do
original Jurisdiction it ought not To lee. NOW ~ Is
VERY bc e ,5cr 70 NAV he widc dcrencs Of opinion
don't concede the se-oyideni lrclo5'uon tiht ,le
do concede that if one court oil GIslnal JurisC,Tn
could dispatch business better man EeogfIl W m
Of coordinate jurisdiction thon tiiIfc 0usIt ~ ~
ono court But let us inquire whether II IS certain
,han one ,Iur o g Of roorinate inrisdiction
Now, the courts of the State Of Ncw-lork ar"
carly origin of the Cour, Of common Pleas. and IFS
great Antiquity; hut pesnnlHE WIZ ~ 1' ~ Xov
York had their origin in 1902 From l'2 M to lN''
these duties Of Circuit Judge Of coprfe Wero per-
formed by the Circuit Judges. eight IN numnrr
In the city of New-York. the Circuit Jutgtrr NGIc
1 11aee Of -Chanccor- the office Of Vice
Chancellor created and the oihc, oi l,iS'al,
VceC hancciors; and tha- was our condition at The
time the Constitution Of 1876 was ag"pt'I. Hu j., n
that the Circuit Judges c9ua not P'r.2Gn , ,''r
,be Govt Of Gh9rccry was abolished The S'preme
Court was established The snlGeme t.9HT} |l lts
in all.
THE SUPERIOR COURT FovN0Eo
But in the city Of Ncw-Yo,k. shortly after tA,
Constitution Of 1921 went into operation il Wa disc
covered that the Circuit judge alone. even WIN
tho aid OF the Vice-ChaUoeior and ;hr ASST slant
vice-Chancelors. could not perform 'I the ''''',S
expected TO be performed IN ms c.H en- '-o ,
ingly. it was determined 10 create another ,oiI'.
In 1873 they crea:G9 what vas raH0 ,r, iI'Iaos
Court of Common Pleas. consis iMf "' my. \ r VIZ
There never has been in re So %, "I.,,3,l
St n court u ablcr judges Cham The Superior
Cour; 1T the time Of its ORGANIZATION Il NJ oncr
2 S4k All t2e 81 i@T c5mmerca ce
brought 70 the Superior Court The anle,I p'n
Now VOWS When he Constitution Of 1916 wont into
ssaias A8@ ,so.. Four "g 3%sn, 'n ne"
the bench Of the supTeme Court You'll i(n ,5o ~
-Four gentlemen TO the supreme Court utterly
failed Of its purpose, so far as lhl' va n'efnri
which was still the great commercial couri OF ms
city and county, and The eo agnaeS np'n lnd
three were added TO its number II Wa o5tuaSte
s aga hoI IN the be a6cipa bart Of the court III
the chief members of the New YORK Der was -p NJ
the case until unfortunately, the political methods
that prevailed in the city of Ncw-lork changed
other arena for their Titanic contests.
ORIGIN or THE COMMON rl.EAt
So in regard to the Court Of Common Pleas. The
Court Of Common Pleas grew up. 49, We aA know
from the Mayors Court as il Wa called original "
after which the Mayors Court was held. some
times by the Mayor. sometimes ly the Recon GER
sometimes with AMI sometimes without the pres
ence Of the Aldermen. ana then iiNhIF ''' "4iN d,
IIopPru Vus' GU '.-1 ~ ,,.,,ar until
first one judge vas adiel anu in'li a'' 49,. -,
they had three Judges Of 'Ae Court ~ 'o'a'"'"
Now. want TO ask. If there is any gentenl.t
here who IS OH enough u know MgI!H .e' =
nsH,or 't Conrt wa the CHEZ coiamerc.tl court o'
this city and e9H e an ba hc oart
held functions and possessed powers that weie co
ordinate with and concurrent with tnoae oi ,nt
Supreme Court? 1 appeal 10 YOU gentlemen mere
,to-night T. YOU ever saw any emparrassinenIl "l
ANY cashing between the Court Of Common Pl"d-
and the Superior Court. or felt that there vas any
difficulty In both courts sGosis'ins, y INF g> iS
they have today SoInclrody SAYS well, there is
SecasSshy ferg msSy Wh@5 i there
How often does il occur mat tnefr D., 4 OK, zen -
cs 81 ,bc isnHr;or CONT END the supreme court
or Inc Co,rinon Pleas ana the Supreme Court.
There are little questions OF practice unaouo;el!y
but unimportant. OF what account are these qde7
tons Of practice? Are they serious as to require
that the Constitution Of the stat" shol4: p'
sh nsf be AZ" WIPED edo out Of existence? Issy
Vow If the Torkins forcg Is Po' I no o. Of bee
quality what reason can there be for making any
chang? As say ,h're are DO t nsga c b.
tween them; they 60 on side by side, and hay gon
on harmonious ~ i'i 9ftiS' an. f''.'
lie a change now. unless 81 may be- 10 indulge Il ioy
OF novelty which seems 10 commend itsrI - IN
minds Of many men:
Now. practically, IL seems 20 me, there u Sirt
deal OF difficulty H. combining al the courts M
one. j. cc,ul . Ine there would be- difficulty al
1hA tine abcS. calling ;he caenla lars # We had iei
or ;we.ye pass all n o.: Court. There would b
difficulty IN Chamber business ir We Were all oDige
% It.l-'-eli ip', O1c roart or on" or w
branches o. 80 sane oct. :Dr me dispatch o
chamber business. Ther, are difficulties in al
CONES T. gs ran sc$ a:ar n rnore IS alHa way;
a mi; 20 Tie size &C pubic c.iic"s and public en-
picymenis
But there is ano:-cr cCGstie .aton. believe /. e
be - great importance - t. members OF tho ia
ina. they should hare different tribunals IN Whic
70 b-ins ,hs!r CAGES {; hes haTgened in thc ei
or New-Tcrk when men of standing were afraid l.
ical. N DO S-lnl- Cnmrt I! has haL