New-York tribune., 1902-01-22
BAR ASSOCIATION MEETS
VI. JULES CAMBON TELLS OF
DIPLOMATIC DIFFICULTIES.
PRESIDENT HORNBLOWER SPEAKS OF
AMENDMENTS TO THE JUDICIAL
ARTICLE OF THE con
STITCTION.

'o-uaS- Inc feature Of the session the address
OF William B. Hornblower. of New-York City pres
loent OF the association. The State Constitu-
uon OF 1894 as Affecting Appellate Tribunals He
reviewed the history of appellate courts of the
state, and told OF the congested condition of the
calendar OF the Court of Appeals which led to the
amendments to the judicial article Of the constitu-
ton made by the Constitutional Convention of 1894
speaking OF the amended article he said:
The legislature a has in Of this authqgity
cedure restricting the right Of appeal in particular
classes of cases The provisions restricting the
jurisdiction of the Court of Appeals have had one
very Iunfortunate !3 and think unexpected result
nr5nS - "a .dAtIs away IU @ ti re- Iar
un0er tne Strlct construction placed upon the IAN
guage OF the constitution by the court itself, all
cish css9. of revie" in the vast majority Of equity
This result is especially to be deplored in the in
ana prncipes of equity. although orlstnaly DOT DOT
law. and for a period somewhat stubbornly opposed
by the common law jurists Of England, and rejected
for considerable time by one or two OF the States
OF this country have. under the wise and able eX-
pounding and development OF those rules ana prln,
c1ples by long succession of chancellors and
judges In England and in this country, come to be
ursprudeno an and indeed p the q highest and most
important portion of that jurisprudence and its
As time goes on, the profession will become more
and more impressed with the unfortunate results OF
this anomalous condition Of Appellate jurisdic
uon- have already pointed out some OF the
reasons why the impairment Of the right Of review
in equity by the Court of Appeals is TO be de-
plored. There additional reasons growing out
OF the practical operation OF our so-caed reformed
me reported decisions or the court OF ApptdtS
VIII snow that many OF the most lmport%aht % G 6ano-
marks in the equity Jurisprudence OF this state
unanimously reversed the unanimous decision OF
the court below
Not only is the result of the constitutional pro-
visions of 1894 injurious by OF limiting the turls
questions Of law but II is also injurious at the
other end of the line since these provisions enhance
the importance of exceptions 10 rulings upon evi-
dence as furnishing a possible basis for appeal 70
court of the merits of the case so far as they can
be reached in that indirect way. II has thus come
preserving the rights of his client must take OBJ
jecrions and exceptions in the course Of trial
which he would not otherwise deem II necessary TO
take.
The remedy which I would propose is a very
simple one ! proposed II in the constltutional com
tion. but without success II is this: Amend the
peal the provision as to the effect Of unanimous
efirmance OF finding Of fact or Of verdict not
from any indgnentt of unanimous afirmance by the
Appellate Division unless the case be certified up by
the Appellate Division or by the Court OF Appeals
but. upon reflection it will be seen TO be far from
Of law Of importance or doubt would be certified
up freely by the Appellate Division; or could be
other hand cases Involving no questions OF moment
a,ier " cnrs fba I'm Ind oept below, is i1ran9
mously affirmed Th, Court OF Appeals would thus
going up as matter Of right invoyins exceptions
tIA con-t or " aycs1tjons 10 a non-suit where the
questions involved are not Of sufficient importance
In the mean time and until such constitutions, 1sl
smendmenL coHid be ADOPTED I9nk we so2ne yhpnIg
or ar least authorizing the making OF findings of
short form o deesion With is now authorized and
men the court OF Appeals mas neIo 20 % a.
favor OF the successful party on every question OF
notA6 by an, IN a,5e1cs voi1jd reoonre1d the
amendment or Section 1Qo2 OF the Code Of CiviI
referee may make short and concise decision; in
which, however he shall state such facts as he has
found, which he deems material and necessary 10
his conclusions Of law and he shall not be con-
also amend Section l9l OF the code so as to provide
IN Snat b only VT enose rsCS W M @ - ba m P.ip 5
affirmed by the Appellate Division.
The association adopted the following resolution:
Resolved That the New-Yorl State Bar Associa-
constitution authorizing the Governor to appoint
In the Ist and I'D Judicial districts.
There was gathering in the Assembly chamber
this evening Of a distinguished audience, that filled
every inch Of available space, greet the French
Ambassador NJ Jules Cambon, and James NJ Beck.
Assistant Attorney General Of the United states
Prior to the meeting the visitors were the guests
Of Chief Judge Alton 3. Parker, Of the Court of
Appeals at dinner in his home. other guests pres
ent were W H Townsend, OF the United States
Circuit Court; President White of the Montreal
Bar and President Raymond Of Union College
At the meeting in the Assembly chamber Presi-
dent Hornblower oficiated and introduced NJ.
Cambon
NJ Cambon. the French Ambassador. had chosen
most interesting subject The Relations OF Dtplo-
macy to the Development Of international Law.
Public and Private" He opened his address by
saying that few callings are more misunderstood
by the public than that of diplomat II is readily
function Of a diplomat Is simply to serve on all
occasions OF lnterna tlohai Whe N otners @
which the diplomat travels are deep and dark. and
intrigue, pure and simple II would be difficult 10
conceive a grosser error said the ambassador
respect for the provisions of International law and
rendering essential service to the advancement OF
Sy5a9R 6 ana fe nato1s Of the World p
He pointed out that France was the hrst nation
GUIDED with Sardinia treaty which allowed the
execution in France of judgments properly rem
nnexpected obstscies 10 carrying out international
agreements and in this connection he called
tention the fact that the individual rights Of
complicate the task Of the government at Wash
ngon In In It's ad t5sf snce w the States can nave no
Individual intercourse with foreign powers the
dfrqd I al 6sE6af on theT behalf should be e
TO bc f 10 it 'Ps has ma OF the
Eve must aim said NJ. Cambon. in concluding
Civilized nations which maintain between them a
certain ndennable spirit of latent hostility-a lin
war private property should receive the same pro-
he gave it as his opinion tnat the maintenance OF
prize laws roos the GomPatants h 81 that attribute
rifce in their countrys cause
while much still remains TO be done, said the
ambassador. each day the nations grow
considerate of another in their mutual inter
course ut is a notable fact" he added that
after the recent happenings in China, France sent
70 the Chinese Government the works of which
had been shipped to her while President Roosevelt
has lust restored China a sum OF $S75OO0 which
had been seized in Tien-Tsin Such generous pro-
ceedings would have greatly astoniShed our
cestors.
He was followed by Mr. Beck. who spoke on the
Suppression of Anarchy"
he vie cd