New-York tribune., 1902-02-02
MORE JUDGES NEEDED.
WHY SUPREME COURT CALENDARS ARE
CROWDED-PRESENT INCUMBENTS
OVERWORKED.

To the Editor Of The Tribune
Sir: A great cry has gone up owing to the olocSed
condition of the trial calendars of the supreme
Court and it is said that the delay Is oIten prac
tical denial justice. There is no doubt tha theIe
is truth in such assertion, but the Iaut uoeS HoO W
with the judges the lawyers
We hear nothing said about the delay Of the trial
of cases in the country districts. In many OF the
country counties there are only two terms year.
as for example in the counties of Franklin, Essex
Clinton. Schenectady and Warren. The terms III
the country counties from two to six terms
year. In the city of New-York We have nine terms
in which the judges actually hold court tor nine
months continually in the year. Inc caiehoaI III
the country counties consists of from two hundreu
to five hundred cases The judge assigned holds
court one two or more weeks. and during that
space time does not dispose of all the cases
the calendar. 1t would be impossible FOR MIN 10
do So A case noticed for trial at trial term. In
country district is. general rule, not tried at
the same term for which IL is noticed, and II gen
orally takes year or more for 1t TO be tried Inc
delay is not the fault of the judges They must
take time to consider and decide cases they have
tried.
The Governor states that litigation in the Coun-
try districts has decreased. but that statement Is
Irrelevant to the question. The country counties
have not Increased in population and business. as
this city has and in some instances they have de-
creased in both
1t is now suggested that the hours for holding
court by judges Of this city should be ex-
tended. At present the judges hold court four and
a half hours a day. During that time they must
give their entire and closest attention TO every
word that is uttered in the trial of cause fors
sometimes the decision of an important case depends
upon a few words They have in the course or
their rulings reflect and consider the decisions
that have been made from time to time on the
questions involved 4 mistake in a ruling made
hastily or by tired mind after a day Of hard
work may result I'm expensive appeal and re-
versal and the necessary delay Of new trial
recall case tried in 1886 before Mr. Justice POTTER
from Whitehall. who. i'm his ambition TO expedite
business held court from 1870 O'Clock until > and
8 o'clock in the evening. He was determined TO
hurry along and finish long case. and held court
the second day until near s O'Clock. although
counsel on both sides protested. Near that hour
the redirect examination. a physician was re-
called and asked question which was objected
to incompetent and the learned judge In his
hurry. and without consideration at once overTuled
the objection. TO which an exception was taken
AS a result an appeal taken and new trial
ordered because Of this exception the question
asked was the very one which the jury was to de-
Teachers Of the schools labor five hours day
Ii might said that the children could be further
5sd 1' f sbI II eUar Ut boTre Tav n anv one
% mouEeo II, sJn0i [ seer ] H4ul IT opC he denounced
for Ave hours is All that should be required Of
good teacher. and even such work cannot be kept
up continuously throughout the year, and that the
teachers deserve long vacations. Experience mas
shown that five hours day, and even less IS al
that be expected from pupils because or the
mental strain. and that they need otner hours lot
recreation well as for studies at home
mental strain upon them and greater responst-
bility than teachers II Is not true that they labor
only four and a nalf hours a day. During the trial
Of Judge will often sit UP until after mid
night examining authorities and studying the case
before him on trial. When not engaged he must
read all the decisions they are being rendered
duties. examine evidence briefs authorities and
do not INA our Judges at social functions or amuse
meuts except on rare occasions. Our Judges as a
their homes, and at either place they will always
be found engaged in Htigated work. To pTolong
vent their doing their absolutely necessary work
too great During the last year and a half three OF
ness, Two of the most DISTINGUISHED judges OF this
city are now confined by illness caused by over
care on the faces Of Judges For them il is moth
ing hut continuous hard work and the cry that is
Docs anv one cry out arSnst the tne the Supreme
Court Of the United states takes for considerinC its
cases and during which it does not hold court. al
In the country. when term Of court is held.
day. Witnesses are subpUnaed, al interested gen
orally lodge In one OF two hotels and await the
m"nrs are made To- be absent Tor one or two weeks
While court is b.Id Rusjnrss men in mis- Citv are
under the present system can attend to necessary
business of the day before and after court hours
To prolong the hours would mean great pccunarv
to become either. You cannot run court in this
city "a machine SnOp. Laws nave bteT
passed that ordinary aborers shall not be Obliged
70 work more than eight hours day, In order that
they may have eight hours for recreation and eight
hours for sleep. Yet the physical work Of the
Ia HbOrer cannot he compared to the mental work Of
the Judge. There ia not judge on the bench who
does not work many more than eight hours day.
The difficulty of the situation seems to TO hv
that the city Of New-Nork. Increasing il has
enormously in population and in business having
become the commercial and financial centre of the
wOrld-has not kept pace with this growth by
incrcaS" OF Judges 20 try the litigation Of this i'm
meuSe population and business and commercial in
The solution 20 20 he that
should have four additional judges 10 is that
there is a amount Of litigation arising through
negligence but this has been caused by the changes
Of traffic. and viii claim that this class Of
litigation will become less II S constantly
ing Many more commercial would be tried
i'm the courts II "A speedy trial could be had. hut
merchants feel that il i better accept ttls
that Is often offered in compromise for a lust claim
rather than take the chances II two three wears
delay OF the death OF witnesses and Of possible
failures. Increase tho number Of judges I'm
proportion 70 the increase of population and Of
commercial and financial interests thar the
cases can he tried within three months. II this l.
done there will be larger increase the trial Of
commercial cases. which often uuSatiSfac-
tOrily decided by arbitration in which unjust
compromises are made "A just claim abandoned a
New-York. Jan. a. 1902 HENRY SCHMTTT.
DIR RAINSFORD ON CONVERSION
r., I-rtt