New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-04
HAYES ANSWERS JUDGES.
ENGLISH METHOD BETTER
Marked Differences in the Capacities
of Local Justices.

j.
sion on Laws Delay. has written an answer TO
the communication addressed 10 the commission
by Justices Truax and Dugro in which the JUS
tees commented on the English judicial Stats
tics presented by Mr.. Hayes in g recent memo
randurn Mr. Hayes refuses TO comment at any
length on the suggestions for remedying ex-
isting conditions. which the justices present
hut points out several errors which he maintains
the writers OF the Joint pamphlet have mace
in their statements regarding the comparative
amount Of work accomplished by the Enghsh
and American justices.
Declaring that the principal object OF 'he
pamphlet seems 20 have been to challenge anu
discredit the statements made by him in this
comparison. Ny Hayes defends his statement
that twenty-three justices in the High Court
OF Justice in England try about twice as many
cases 5s are tried IN New York and Kings Coun-
" combined FIe quotes from statistics cent MN
by John AacDoneli. master OF the supreme
Court, st the request Of Mr.. Hayes through
Ambassador Choate. These figures show that
the total number Of cases tried by the various
divisions OF the English High Court in the year
1901 was 5541, as against 2,S42 tried In the
same time in the courts Of New-Hork and hlhss
County, or approximately twice as many.
Mr. Hayes then calls attention 20 the fact that
the regular judicial force OF the Supreme Court
twenty-five resident justices for New-York. and
twelve for Brooklyn, with average of nine
iusttces assigned from other parts Of the state
IN both departments making a judicial force OF
forty-three without counting three upstate
Judges regularly assigned to the Appellate d.
vision OF the Second Department. This numper
is compared with only twenty-three judges OF
the High Court Of Justice in England. He quotes
Newton Crane the well known English lawyer
1-au- lern q
Some IDEA Of what this means may he realized
in ADDITION to the work 81 rnlniseIg ne 1 i hem
New-York County, should have imposed upon uiSIil
the litigation 81 the entire State, ana ne COM
PEELED 10 hear 2T9sa s ann Franklin and St
Lawrence counties. ana aanal f che Whole vol
ume of chancery cases from the intermediate
areas
SAYS THERE IS A DISCREPANCY.
NJ HAYES also SAYS that according TO official
records only l 254 cases were tried in the eleven
parts OF the New York trial term in lSoZ instead
Of CAB as stated by the pamphlet. lie SHOWS
that the English masters merely assist IN get
ting cases in shape for trial and 90 nor except
IN rare instances try cases.
As for the statement that the Suprems Court
Trial Term has run behind the calendar only
1900 cases in seven years, he says it is hard
10 Justify such a statement and quotes figures 10
show that there are 10000 cases now the
calendar instead of $500. the justices claim.
He also denies the statement that the equity
business OF the American court is now reached
IN three months and declares that the court has
two years work ahead OF it in this direction,
while in England the chancery calendar is prac-
tically up to date and the Kings Bench within
three months. Continuing he says:
SVEN Of ING WoT OF hs Justices in NewYorK and
Kings counties the work OF the Second Department
N a L. ~ of
syn, amounting 10 about six hundred and thirty
OF the work Of the justices OF the Second Depart
nd should be adde # the t eIe Work Of tSe s
ond Department is TO be estimated. judges Truax
by comparing the work OF the King Bench Diyis.
R RI III sg u Sas Of the EeR f4n MqF1 T 9s
The Kings Bench Division as given by the justices
pamphlet, in which there was a Judgment, verdict
or engagement ZEN, Is given at 22es Master Mac.
cases heard and determined in the Kings Bench
10 compare The. entire work OF the Trial ana spe-
Gial Terms Of our Supreme Court with the
the Ch;ancery. Kings Bench. Probate, Divorce,
Court OF Justice ard in the RailWSy ii a6d
Canal commissions They also overlook the fact
cults and hold assizes periodically in all the i'm
Wales (see Annual Practice 1899 page sal
II IS also stated in the pamphlet that the COM
This is not quite correct. is pointed out in my
own memorandum. TO which so much objection has
commercial court is ~ no means necessarily a
Appeals in Baerheim agt charter Mercantile
Bank. said that cause otherwise suitable for
greater readiness if It threatens 10 be long and
tedious and il must be assumed that that judicial
uterance had some reference 10 the practical opeE
stion OF the court and its business.
Before pointing out in detail what he con-
siders the errors Of the pamphlet Mr. Hayes
says:
In Discussing so grave a matter and one Of such
justices viii bring TO bear upon the discussion OF
habits Of accuracy. which they are accustomed 10
employ IN the investigation and decision judicial
TO me that The same weight is apt to be given TO
their statements IN this regard attaches 10 their
judicial acts and utterances
BIG DIFFERENCE IN CAPACITY
Mr.. Hayes drives one Of his arguments home
by a personal illustration He says:
II is stated by the two justices in their Joint
justice try twice as many cases as another
who IS ordinarily intelligent and active and II
both perform their cu:v and that The 'bsr n 4
me public may Wen be incredalous when a5T Tec rec
ord indicating 10 the contrary IS presented their
attention" This must characterize the most
surprising statement contained N the Justices
pamphlet, "a HAD supposed that the contrary was
@orf Of The justices of botS depsTi9e5 10 an me
hand cid not think that IL would be necessary 10
mission for the purpose OF determining the
capacity OF judge, but the statement OF Justices
Dugro and Trusx VIII. perhaps. make 1t desirable
81 not necessary. TO present these figures in detail
10 the commission. A comparison between the
work OF the Supreme Court justices in New-YoIk
arc Kings counties whole shows a great dis
parity ia the capacity Of different courts 10 dis
pose Of the business In the TWO branches OF the
Justice IN Brooklyn, jury and equity cases
monthly term is twenty-three. as compared with
thirteen monthly term "a New-York County
The disparity between the work OF individual
justices is even greater one OF the learned jus
does who signs his name 10 the pamphlet las a