The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-05-07
Rcversals in the Law Courts.

A few days ago the Court of Appeals
at Albany reversed the decision of the
Appellate Division of the Supreme Court
in three important cases-the State
franchise tax case, the case involving
the Constitutionality of the Eight-Hour
Labor law, and the Glennon case The
appeals in these cases came up from
three different judicial departments
the Third, Second and First. The fact
that the three appeals were decided to-
gether, in view of the prominent charac-
ter of the cases, attracted more than
ordinary attention, and has led to some
adverse criticism upon the courts whose
judgments were reversed.
In reference to this matter, we find
in the Boston Herald the following
comments:
THE frequency with which the New York courts
reverse each other makes the casual locker on
fairly dizzy. The Consttutionaty Of the Fran
chlse Tax law has been both denied and afhmed.
and now Wardman GLENSoN who was sentenced
to jail for neglecting to close UP a disreputable
house in his police district. has got new trial. This
Is
his case, we believe"
Any attempt to discredit the Appel
late Division of the Supreme Court in
this way is based upon misunderstand-
ing of the facts. So long as we have the
double system of appeals in this State,
it is inevitable that some of the cases
taken to the Court Of Appeals from the
tribunal of intermediate appeal will be
reversed. The system Of double ap-
peals has been criticised in other States
as unnecessary; but, as matter Of fact,
the legal business of the State Of New
York could not be done in a satisfactory
manner without the Appellate Division.
The whole matter was carefully dis
cussed and considered in the Constitu-
tional Convention of 1894, and it was
the opinion of that convention, ire
spective of the party predictions of it's
members, that a continuance OF the sys-
TEN of double appeals was demanded
by the best interests OF suitors. 1t is to
be noted that similar system exists in
England and that there is no disposition
10 dispense Wltu IL III llldV CouHtIs
So far as the percentage Of reversals
is concerned, we believe that the courts
in this State compare favorably with
the record on this subject in any other
State of the Union or under the Federal
judicial system. If the Boston Herald
will look at Volume 1871 OF the Massachu-
sets Reports, it will find many cases
which end with the words Exceptions
sustained" or Decree reversed"
Turning from the Massachusetts Re-
ports to those which deal with the
decisions of the Supreme Court of the
United States, we find in the latest vol
ume many cases of reversals, and also
many in which the Judges Of the high
est tribunal in the land find themselves
unable to agree as to what is the law or
what is the proper construction of the
Constitution of the United States.
Notwithstanding the numerous re-
versals, however, which may be found
in the law reports throughout the coun-
try, the really surprising fact is the uni
formity of judicial decisions generally
in the forty-five States Of the American
Union. The courts Of first instance, in
vast majority Of cases, deal correctly
with the issues which they are called
upon to decide, and do justice between
man and man.