New-York tribune., 1903-01-24
THE GOVERNOR AND THE SUPREME COURT.

THE GOVERNOR AND THE SUPREME COOh1.
Those critics of the present judicial system
of the State who blame the Governor ior tle
scarcity of Judges in the western district OF
the state and urge constitutional amendment
taking from him the power to designate JUS
tices to the Appellate Divisions, would 90 wen
TO consider some Of the facts of the case. Inc
desicration little time ago of Justice Hooher,
of the Eighth District, for temporary duty III
the Appellate Division in Brooklyn mas cfea'eu
something of storm in Buffalo, where his ser
vices were desired and considered due, anu
proyoked denunciation Of the present system
from one of its chief benefciaries, who OBJ
iected TO being asked to forego his privileges
because too many others from his district mad
been equally fortunate. To the BuHalo pro-
testants however, ii was answered that tue
Appellate justices in the Second department
had certified the need Of an additional 1udge.
The Governor chose the particular judge, but
the stripping" of Il country district was due
to the judiciary, and no remedy would be Sc
cured by giving 10 somebody else the Gov
ernor's present power of designation Now
comes Mr.. Fleischman, of Buffalo, who tells this
story TO the recent meeting of the State Bar
Association:
wear or two ago Supreme Court justice
from the interior of the State. who also held trial
courts in New-York and Brooklyn besides draw
ing his full salary for that year from the state,
drew additional pay in New-1ork and Kings
counties in year for 3ll days at so day,
thus almost doubling his salary, upon some
paradoxicai theory of the duplication OF his SER
vices. This is species of ingenious 5udiclal
construction which the shrewdest practitioners
of the bar have not yet equalled, as far as the
records show.
We do not know who that judge was, but
we agree that his conduct was scandalous. He
hor thpr1
were days in the year any honest system
of construction. At the same time he must
have been here most of the year. Yet it was
not the Governor but the Appellate Division
which brought him here. The real denudlnS
of the country districts is not caused by the
Governors designations to the Appellate Di-
visions but by the assiduity of country Judges in
seeking invitations from the Appellate DIVISIONS
of the First and Second departments to come
here and sit in special and trial terms TO the
neglect Of their proper duties. There are sew
enty-six justices of the Supreme Court in the
State. Two are sitting in the Court of Ap-
peas on the designation of Governor Roose-
velt at the request Of the Court Of Appeals.
One comes from Rochester and the other from
Brooklyn and their appointment was universal
ly regarded as necessary. Only four justices
of the Supreme Court are serving regularly in
Appellate DIVISIONS OUTSIDE InelT own UepdIe
ments one in Brooklyn and three in NewYork.
Three of these were brought here by Gov
ernor Black or Governor Roosevelt and two of
them were recently redesignated by Governor
Odell in accordance with the general request of
the bar. If he had failed to do this many of
the persons who talking about executive
interference with the judiciary" and politics
in the courts" would be denouncing him on the
same ground.
1t is unfortunate for Buffalo that three of
these Appellate judges serving here happen to
be from the Eighth District. That district at
present i'll spare them, it is said. Yet, as
that district has more judges than any other
outside the metropolis, it is natural that they
should be taken from there to supply the i'm
perative needs here, particularly as the neigh
boring districts of the Fourth Department have
been drawn OH heavily, the Fifth District send
ing three men TO the Buffalo-Rochester-Sy
cuse Appellate Division, and the Seventh one
and part Of the time two TO it, and one to the
Court of Appeals. Nevertheless according to
a recently published letter of Presiding Justice
Adams. Of that department, the trial justices of
the Eighth District have of their own motion
consented TO sit here in considerable number
during the coming year. For this the Governor
is not responsible. He does not send the trial
justices on junketing trips The Justices ar
range that among themselves; and as for the
Appellate Divisions he does only what the con-
stitution requires. He is bound TO find justices
to keep them going, and get his men where he
can. The Buffalo district regularly has five
even with Justice Hooker temporarily serving
in the Appellate Division in Brooklyn, four
trial justices with whose movements the Gov
ernor has nothing to do, except that he may
designate them for some special service in an
emergency. The Third, Fourth, Fifth and
Sixth districts have regularly only four, and
the Seventh District five. So all sections of the
State seem to have had reasonably equal treat
ment, so far as drafts upon them by the Gov
ernor go. Just what relief would be obtained
by making somebody else constitute the Ap-
pellate Divisions is not clear Perhaps the
trouble is that the right persons are not get
ting the plums.