The sun., 1902-12-11
Condition of Business In Our Courts

On April 10, 1902, the Legislature of
this State enacted a statute which pro-
vided that within thirty days after the
act took effect the Governor should ap-
point commission of seven persons to
examine into the condition of the business
and the transaction thereof of the courts
in the counties Of New York and Kings,
in the First and Second Judicial dis
tricts in the State 81 New York and into
the cause for any delay that may exist
in the trial and disposition of cases
and proceedings in the courts exercis-
ing jurisdiction within such limits" The
Commissioners were further authorized
to suggest such measures of legislation
as might in their judgment tend to ex-
pedite the trial and disposition of legal
business before the courts. The COM
mission was directed to make final
report to the Governor for transmission
to the Legislature on or before Dec. 81,
1902, and to submit with it's report such
bill or bills as might be deemed necessary
TO carry its recommendations into effect.
The employment of counsel was pro-
vided for in the act and sum not ex-
ceeding $4,000 was appropriated for the
expenses Of the commission
In the exercise Of the power conferred
upon him by this statute. Governor
ODELL recently appointed the following
persons to be members of the commits.
sion: WHEELER H. PECKHAM, EDMUND
WETNGnpE IAw
LAUTERBACH, ROBERT F.. DEyo, HoRATIo
c. KING and A. BARTON HEPBURN in
place Of WILLIAM F. KING who declined
appointment.
Since these appointments were an
nounced it has been suggested that the
failure to appoint the Commissioners
within thirty days may defeat the ap-
preparation for the expenses Of the in
quiry, and, furthermore, that the time
within which the commission must make
its report is too short for a complete
and satisfactory consideration of the
subject.
Neither of these objections il we'll
founded. The provision for the appoint
ment of the commission within thirty
days after the enactment of the statute
is what lawyers call merely a directory
provision; that is to say, failure to COM
ply with II does not invalidate appoint
ments made after the expiration of the
prescribed period. There can be no
serious doubt that the appointments bv
Governor ODELL are legal, or that tho
commission can obtain the appropriation
OF $4,000 or so much thereof as il NAV
need for the prosecution of its labors
All the necessary data can be obtained
and all witnesses who can throw any
light on the matters under investigation
can readily be examined between the
present time and the end of the wear
As we understand il, the proposition
for the appointment of the commission
arose out of some complaint in mercan-
tile circles as to undue delay in bringing
cases to trial in the courts in this county.
While We are inclined To think that in
vestigation will show that such DELAY is
not attributable to any fault on the part
Of the Judges. there can be no reason
able objection to the contemplated in
quiry, which may well result in the for
mutation OF system for the better de-
spatch of judicial business
In view of the experience and uialitica-
tions Of the lawyers upon this commits
sion, it is evident that they can easily do
the work assigned to them within the