New-York tribune., 1900-03-27
TO RETURN TO TRIAL COURT
JUSTICE BARRETT DECIDES TO LEAVE
APPELLATE DIVISION-REASONS
FOR THE STEP

Justice Barrett has decided 10 leave the APP
pellate Division of the Supreme Court for
time least. and to resume his former duties
as a trial Judge. He has informed Governor
Roosevelt OF his wishes and of the reasons for
the change. and the Governor has acceded TO his
request TO be relieved of duty in that appelat e
tribunal, TO take effect May l. Reasons as
signed for this unexpected action are the severe
strain upon the Judges physical strength by
the exactng duties Of his present Office, the con-
viction his part that such changes are con-
ducve to the strengthening of the work Of the
trial court and the appeal court. and also the
personal desire of the Judge himself again to
participate in the actual trial of jury and equity
cases.
Justice Barrett was reelected TO the Supreme
Court last November by the unanimous voice of
the Republican and Democratic parties in New
York County. II his third election to this
court. and the second time that he had been
elected to fourteen year term without opposi-
ton. Immediately upon the beginning of the
Judges term, in January, Governor Roose-
welt designated him to continue TO sit in the
Appellate Division for another term of five years.
1t is this designation which he has asked
the Governor to modify by terminating it on
May 1.
lawyer friend of Justice Barrett, with whom
the latter had discussed the step he was con-
templating. said yesterday:
It may cause some astonishment at first that
Judge Barrett should voluntarily exchange one of
the most attractive judicial positions in this coun-
try Tor another which ordnarlly is regarded as a
step lower in the scale of judicial preferment; But
those who are most familiar with his work and
tastes Will most readily understand II de mas been
on the bench almost thirty years or nearly
bar He R has served through al ~ stages Of ao such
and in the Supreme Court, jury term, in the
trial of equity cases and in the appellate branches
OF his courts. His crowning work has been the
part he has taken In bringing about the success
,nI co9s9adaton sou OF the courts unSer the S@onsnIn @
Division of the Supreme Court, in accordance with
nTsUs5 ; tHg bi iargg @ par par Ps1,ng tst,ce Van
snt and I b, sssocass Of that bench Many
Judges Of the State were consulted before the new
framed but the final result was a general acquies
cence IN the views OF Justice ice Barrett as d TO os sne
acter OF the intermediate courts of appeal The
dnese s changes m & in dhe constitution "hhch was
Every member of the New-York bar knows how
working in harmony and accord with Presiding
spent by Judge Barrett W in making the new system
success and establishing the Appellate DIVISION
Judge Barrett has felt' the strain of the great
quite III from overwork. The quality of his work
may be judged from the fact that in only one case
ion been overruled by the Court Of Appeals and
enSt ina ny dpdqep 1 c0uT. & O[ IouT 20 WITH neasant
antcipatons TO the less arduous, more diversified
and interesting duties of judge at trial term. of
which he has always been very fond?
The question Of the successor to Justice Bar
rett in the Appellate Division will at once come
up for discussion There seems every reason to
| believe that Governor Roosevelt will select
Judge from outside New-YOrk City. More
| judges are needed here, and If the selection is
made from Of the other districts the step
! taken by Justice Barrett will prove a double
| blessing TO the trial terms Of the Supreme
/ Court in this county. Governor Roosevelt is said
| TO be considering the names of Justice Williams,
! OF the Fourth Department, who formerly sat in
| the Appellate Division in New York and Justice
Frank H Hiscocl5. of Syracuse. Justice Barrett,