New-York tribune., 1895-12-29
TILE WV LEDLCIAL SYSTEM.

THE NEW JUDICIAL SlNIEM.
The beginning of the new year VIII w!'heSS
some extraordinary changes in the courts Oh 'ii'S
state as the result of the adoption OF 'he 'on-
stitution of 1891 The abolition OF 'Hc",
Courts and Courts of oyer ana Iermin'r III"
their merger in the Supreme Court are Oh niue
significance except as they rid ludiciai hoiii'ii-
clature of terms that have long been aiiiioS'
meaningless But the opening or the new III
termediate appeal courts, called in each depart
mont the Appellate Division Of the supreme
Court will be IN occurrence of no ordinary mo-
want Seven Justices are to compose the Appel
loto Division in the New-York City department
and five Justices in each of the three other tie
nartments of the State; but no more 'han hVe
I,s,;oos can sit i'm any case The institution
Of these courts in the place Of the General Icrms
90 tho Sunremc Court. with the broad grant of
nowers and jurisdiction conferred by the Con-
stitution and the statutes That have since peeh
enacted. must necessarily WORK reVoiutioh III
the judicial system Of the State.
The relief 10 the Court of Appeals by the new
provisions of law. rendering the decisions OF the
Appeate Division final in large classes OF
eases will Of itself work reform or no lncoh-
siderable proportions. The whole mass OF ap-
meals from orleis that now demands much AT
tenton from the highest court, and when mas
hoen tbe cause of great delays in many i'll
.tances will now terminate with the Appellate
Division. except in cases where the Iat'er uI
bunal ccrlifes that questions or law are III
yolved that should be passed upon by the Court
of Appeals Such certificates Will doubtless DC
given where the Appellate Divisions IN dlnereht
departments have reached contrary CONCLUSIONS
upon the same question of law; also i'll all eases
involving new and important legal propositions
or matters that public or general commerclal
interests require should be determined by the
court of last resort But substantially all APP
meals from orders will stop with the Appellate
Division. The statutes further provide that the
jurisdiction OF the Court Of Appeals shall be nm
tied absolutely to the review of questions of law
and that it shall not review any unanimous
decision of the Appellate Division that there *
evidence supporting or tending 10 sustain hnd-
ing OF fact or a verdict not directed by ia" court
Under the new system the Court of Appeals
will be relieved and the Appellate Division viii
come into being strong court. rhuii"u 10
the confidence Of the people The Governor So
lects the members Of the new appeal court from
the Justices of the Supreme Court. Inc term ol
such appointment is five years, during which me
members are precuded from sitting III the rlai
Of causes or in any other branch of the supreme
Court They are, therefore, for the term OF ap-
pointment as much separated from their former
associates Of the Supreme Court as II they
formed an entirely distinct tribunal Moreover,
TO the Appellate Division In each department mas
been given by the Constitution and by statute
authority TO make the local rules OF practice for
the Supreme Court and to assign the other
Judges TO the various terms. 1t appears 10 be
the unanimous sentiment of the influential pOr-
ton of the Bar that the new system will work
Il great reform in the administration of justice.
rendering it more expeditions, more certain ana
in line with the most advanced judicial methods
that have been adopted in England and in some
parts Of this country.
But whatever the benefits OF these radical
changes, 1t is impossible 10 disguise the fact that
they will be accompanied temporarily al all
events-by some disadvantages. 1t Is scarcely
cause for complaint that Governor Morton should
have chosen the flower Of the Supreme Court
bench to constitute an Appellate Division; but
the effect Is necessarily felt in the remaining
divisions Of the court. Without any dlsparage-
ment of the learning or ability OF many OF those
not selected. It Is clear that to take away such
Judges as Barrett Ingraham, Patterson and
OBrien in this city and Brown Cullen and
Rartlett in the second department from the trial
of causes before juries and the determination
Of questions first arising in equity cases, Will
seriously cripple, for time at least, the efli-
cheney Of the trial branches Of the Supreme
Court.
The general feeling OF the members OF the
Bar upon this subject was well Illustrated by
the occurrences in Justice Bartlctts court III
BROOKLYN last week, when he sat for the last
time at trial term. The sentiments of the law
yers present apparently found spontaneous ex-
nression in the address Of one Of their number,
who coupled the personal feeling of qualification
for the deserved advancement OF Justice Bart
lett with q declaration Of profound regret that
this made necessary his removal from the scenes
of the trial courts, where he had made judi
cial reputation that demonstrated his peculiar
fitness for the work Similar sentiments are to
be heard from eminent lawyers regarding other
Judges whose experience, learning and judicial
abilities will be missed in their former court
rooms none the less because they are apprecl-
ated in the higher branch OF the court. The
especial lesson 70 be drawn from these facts is
the necessity for all future selections OF Judges
for the Supreme Court being the best obtain
able SO that the standard of that court may be
kept at the highest level in all its departments
IN ABYSSINIA.
The Italians have serious work hand in
Africa. or that there IS no doubt. Neither can
Il, |,