New-York tribune., 1902-01-22
COURT H0C RS TOO SHORT
ODELL LNTT.HA TE.S CROWDED
CALENDARS UNNECESSARY.
FoUR AND HALF HOURS A DAY on THE
BENCH. HE SAYS. NOT LONG ENOUGH.
[BT TELEGRAPH TO TIE TRIBUNE. !

IRE to-day, in regard TO the large accumulation
of law suits in the courts OF the Ist and I'D
Judicial districts After the document had been
read 10 the Senate and the Assembly il was the
chief subject of talk for the rest of the day
among the Senators and Assemblymen
In his annual message to the legislature the
Governor called attention TO the overcrowded
condition Of the calendars in the districts men
toned. and suggested, without recommending
he plan. that perhaps the solution Of the prob
lern Cf reducing the number of accumulated law
.ases might be the passage of an amendment
to the constitution authorizing the temporary
designation OF county judges to trial terms until
The calendars should be cleared In his message
today the Governor says that the cause of his
suggesting a temporary rather than a per
nanenr addition 10 the working force of the
Supreme Court was that he had been informed
hat aside from actions for personal injuries.
he trial work in most Of the counties Of the
State was diminishing. Actions for personal
injury. il was said, were responsible for the
.hoked condition of the calendars in the great
sites, but recently railroad interests had adopt
ID q policy Of compromising claims against
hem, and thus there was promise Of a re-
suction OF this class of cases II is understood
that The Governor alluded TO the policy of the
lawyers OF the Brooklyn Rapid Transit Com
oany in paying or compromising claims against
hat road DerOTe IheN came 10 IT1dl- a year ago
he Brooklyn Rapid Transit Company paid more
han 81 100000 in the settlement of damage
suits The new policy Of compromising such
.laiuqs and keeping them out OF the courts prom
ses 10 save money both TO those who submit
hem since they save lawyers fees. and TO the
.oupany The Metropolitan Traction Company,
7 was stated here to-day, is about TO adopt the
same system
THE GOVERNORS MESSAGE.
The Governors message follows:
Executive Chamber. Albany, \. Y,
January p, 1902
70 the Legislatare:
In nv Tast message I made a. suggestion for your
consideration in relation 10 the exceeclngly I'M
sgs rial calendar in the city Of New-York. which
.ow operates as denial Of justice in many cases
"Yo1r - attention IS called 10 the overcrowded
.ondtion Of the calendars IN the hrst anu secoIo
-Idicia departments and action by the legislature
n -er7edv ne same should be taken. Perhaps the
g1n Of Inc RT39s pFogdn ga e for the tempo
4ary designation Of county judges TO trial terms
nent until such calendars have been cleared
Ny reasons for suggesting temporary rather
= he S;,prerne Court were founded upon informa
fo1 Iea5i5r ne "a believe II likely that the volume
= litigation is 10 decrease rather than increase
7 the near future. That. aside from actions for
,erscnai injuries, that resulted TO eRgross more
ral work in most Of the counties OF the state has
a4actaT are s0iey rssponsbie Il FOR the choked con-
o2 Of 95 t5e fsenaars IN the The gEeef' great cities
disPositton 70 agree upon the eonpensa@tion @ to De
70 July 70 assess me oeHlaSes- Alresoy, some
Important railroad interests have adopted the pol
cy Of settling At once whenever their legal ad-
Users are able 10 give assurance that the claimant
rould probably succeed upon q trial 1t is said
policy inures the benefit Of railroad or other
1fporSon oef0re ore Jury n the disgracefulIy ire
PREDICTION has been made by careful and expert
need men that the results promised by expert
nentS now llGer Will lead all CORPORA
ions 20 adopt this policy. Z that prophecy be
bic 70 DO ali the work there viii be 20 do with
sse. And any permanent additions 10 the number
or il is the nard working judge that becomes the
'est and most useful judge.
RECRUIT THE TRIAL FORCE.
The recent and successful experiment Of adding
me W Worklng force Of the Court Of Apgeals by
curt justices 10 SIT in that court until the cal
near IS reduced 10 two thousand cases "a condi-
ecruiting terpoT5r.lv the trial force of the sl
rene Court IN the same way. viz: BY designa-
Jon by the Governor Of judges from the next lower
ound OF rhe judicial LADDER just as the designation
spreals was from the next lower round Of the
ounty. judges were qualifed for that work any
more than II ever seemed 70 any one else that all
slpeme .-ouri Judges are ntted for work in the
curt OF Appeals. but there are county judges
srience TO sit in the Supreme Court just as there
alton ard trainrg IN t5e knneste 6ivsion 10
SENS n M that any men whom the people of
hs State should honor with an election to the Of
Zee Of Governor would select from the best-not
@ rom the lesst-eticient II the county judges. The
-s m ease of y.osncy in The Court Of Appeals the
ItPre,- goGTt or etoer courts, the Executive a p
olh1s untll the people can elect a successor When
Tnor designated which Of the supreme Court
uoEes should serve in these courts and. whenever
vacancy occurs, upon him devolves the duty Of
ro So sr6ended TIE constif,-iton a. "a sm,borize
a Of hA
,,olrt of Appeals, and the Executive upon whom
Members, four u whom belonged 70 the party op-
oseo r. him snd three to his own party and quite
he Appellate Division who belonged TO the oppo-
lsd his sense Of duty permitted it@whicb Would
i iaEs made majority Of the court Of like political
MISTAKES MUST BE MADE
Mistakes have been made IN the past and viii be
The future in the designation OF Judges. but
hhsy have been comparatively so few as TO justify
rnor in respect 10 the judiciary And as the
IND the power to designate them under certain
,s ealIions 70 sit IN courts other than their own
Tnor. il would seem 20 be in accord with the will
hs, power in the event that some members of the
s2lnty Court bench should be temporarily
ssned n duty in the trial branch of the Supreme
These reasons prompted that feature Of my mes
ne 70 suggest the only avenue for temporary
sief (Which is quite likely 70 turn be all
But still better method has been pointed out
y the press, viz, That the remedy is in the
5snas OF the jury. trial judges Of New-York City.
lat they have only 10 increase their working
.ours 70 cause the calendar 70 rapidly melt away
ss1tl they shall be abreast Of their work Atten-
n Is called the fact that the jury trial Judges
me Borough % Manhattan only hold court four
.ho one-haf hours day for five days IN a week
shlch certainly suggests that il would not be a
slg severe strain upon them either mentally or
enfsicay 10 increase their hours . per cent
~ the calendar shall have been greatly reduced.
- Invite your attention this recently
loposed remedy. in the hope that some way may
found put il into effective operation, either
@alouEh the voluntary action them