New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-27
MORE SPEED IN THE LAW.
JUDGES DECIDE ON Plan.
DirisiOn of Calendar That WiH
GiUe Mercantile Cases a Chance.

The Justices Of the Appellate Division Oh the
| Supreme Court in the First Department nave
! taken 4 step TO meet the criticism Whlch mas
! been made recently concerning the laws ueiay
in New-YoIk County which probably WIZ re-
! move much OF The cause for complaint. FROM
the simplicity of the remedy which has oeeh ep-
Piled it probably will be wondered why 1t has
| not been tried before.
The remedy now proposed IS contained in new
! rules which were promulgated relating to the
| calendar practice for the jury trial terms III
| New-York County The result Of the new ar
| ranEement will be, undoubtedly that ordinary
| commercial ntigations. which for many years
have been practically crowded out of the courts
thus compelling merchants to make unsausiac-
| tory settlements rather than go 10 law, VIII now
| receive more consideration and can be brought
to trial within reasonable time
This result devoutly to be wished has been
brought about by dividing the general calendar
of Jury cases into three parts. one of which VIII
he devoted 10 actions to recover for personal IN
juries or death against railroad companies On
the second will be placed actions for libel SLAM
der. false Imprisonment. malicious prosecution
and all other actions sounding in tort, except
actions for personal injuries against railroad
companies and actions TO recover damages for
conversion OF personal property.
>>On the third subdivision of the calendar VIII
sion Of personal property. actions for breach of
contract and all other cases which do not go 10
subdivisions one and two of the calendar.
OF the thirteen parts of the Supreme Court
where jury trials are held, Part I will be set
aside for criminal actions and Part ii for the
trial Of preferred and special cases OF the other
parts four Will be employed to dispose of calen-
dar No. ] three 10 dispose of calendar No.
and four 10 dispose of cases on calendar NO o.
The result of this arrangement will be that
commercial litigatiOnS now Smothered under 4
mass Of personal damage actions against rail-
road companies ought to be reached for trial
within three or -four months from the time they
are placed on the calendar. Practically the only
kind Of suits which viii now be delayed for any
considerable time will be the actions for dam
ages against railroads, Many Of these are
merely speculative and it Will cause less hard
ship 10 have them delayed than il would TO delay
any other kind Of litigation that ordinarily gets
in the courts and requires jury trials.
The far-rcaching effect of this simple change
Is hard 10 appreciate Merchants in New-Tork
and others who have found it necessary 10 go TO
the courts 20 protect their contractual rights
nave for long time found ii money in their
pockets 10 settle controversies for much less
IMAM was due even II they had clear legal rights
rather than wait from two to three years to
nave their rights determined I'm court Ere
quently, before that time elapsed witnesses dis
appeared or died, or their memories became de-
fecuye, and the conditions Of the parties were
50 changed that judgments. when they were
secured, were OF little avail.
Hereafter the delay In each class of Utiga ton
VIII depend entirely on the volume OF litigation
IN that particular class, and special arrange
Hent can be made 10 expedite and try cases
rms new arrangement will take effect whom
the courts Qpen in October