New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-03
THE LAWS DELAYS.

The Commission on the Laws DELAYS and
its counsel whose work IS now before the
legislature. have given intelligent and conscien-
tous study TO the problem presented by what
is almost the breakdown OF the administration
Of justice ia this city, and are entitled 10 public
gratitude for the progress which they have
made toward its solution. For the most part.
their plans and the bills drafted 20 carry them
out merit cordial approval and should at once
be put in force.
We think there can he no question that the
proposed amendments 10 the constitution max
ing possible the carefully limited increase in the
number of justices OF the Supreme Court and
Judges q the Court OF Appeals without con
tinual amendment as The necessity arises are
good The payment 81 political contributions
10y judicial candidate either before or after
a nomination should he prohibited. and the
election OF Judges should be changed 10 occur
only in the odd numbered years 10 divorce
them as Ear as possible from general politics.
The usefulness Of carefully kept statistics IS
unquestonable. The plan proposed 20 force
petty cases 20 trial in the City Court and so
relieve The congestion OF the supreme Court. s.
excellent, and so Is the plan for tie further
classification % cases and FOR more direct an
2eals.
The reforms recommended in tie methods OF
procedure 20 assimilate our practice somewhat
TO the methods introduced in England a few
years ago. with the result Of totally removing
even worse delays than we have here, should
certainly be adopted The English Summons
for Direction. 20 dispose Of preliminary ques-
tons and put case ia shape Tor trial without
any waste ~ The courts time ard the device
Tor clearing away sham delcnccs I'm actions 10
recover sum OF money would bring the great
est relief an these recommendations should
immediately receive the favorable action Of the
legislature In fact. TO only one part Of the plan
CO we think there IS reasonable ground for OBJ
lection. and only 10 some features OF that.
The recommendation that a body OF t,yentr
Supreme Court Commissioners In this county
and ten n Kings County be created. with n ten
year term and $1,000 salary. needs some
MODIFICATION. II IS proposed 20 transfer 70 This
body all the work now sent 20 commissioners
IN condemnation proceedings. the hearing Of
the motions preliminary to trial and the con-
duct OF an the business performed by Masters
I'm England arising under the English method
Of procedure Of which we have spoken and all
the compulsory references now distributed by
the courts matter Of patronage. II is also
proposed 10 let these commissioners sit bv con.
sent Of the parties in jury trials with all tbe
powers OF a supreme Court justice The wis
dom OF thus Cclcgating even by consent the
powers OF the Supreme Court in what is ppr-
haps, fits most important and digullied yTorI, IS
open 10 question. We doubt n the number Of
consents 70 such jury trials would he great
enough 70 relieve the congestion perccptibly
and, y they were. we should have 4 bastard
| tribunal established, with most OF the poryers
and little Of the dignity OF the Supreme Court
| Moreover little immediate relief could he ex-
! pected, since there is no room now I'm the
Courthouse FOR the present force OF iudges
ready 10 try cases, ana IL is impracti cable at
! once 20 provide al the machinery Of a trial
court, clerks. criers. deputies. Jurors and Jury
/ rooms elsewhere. The conduct OF condemnation
proceedings hy corps Of permanent salarled
commissioners we think. is right, but the plan
| should Ice amended 20 exclude condefnrations
| not on municipal or other government account
! There is no reason why the county should nav
| the cost ~ proceedings 10y railroads and Other
private corpora Hons wishing 10 exercise the
| right 81 eminent domain
Both ~ these objections 20 tho scheme ,o-
commissioners arc however. OF minor impor-
lance The chief difficulty we foresee Is from