New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-10
REPLY TO THE JUSTICES.
1T IS SENT TO ODELL.
wheeler II. Peckham Cites Their
/ Preuious altitude on LG7c'S DELAY.

Preuious attitude on La50'S Delay.
Wheeler II Peckha-n, chairman OF the Commits
Eon on the Laws Delay, has sent TO Governor
Odel long letter in reply TO the letter which was
snt 10 the Governor recently by the Trial Justices
OF the Supreme Court Of the First Department in
Imposition 10 the Supreme Court Commissioners
NIL. i is believed that the Governor Will sign tho
bill which provides for the appointment of about
twenty commissioners in Manhattan and ten in
brooklyn.
II the bill becomes law It Is expected that there
will be an application TO the Board OF Estimate
md Apporuonment for appropriation 10 start
rhe new system IN operation before the Appellate
Division recommends the appointment OF any 81
tho commissioners. The salaries Of the commits
ssoners for the entire city viii amount TO about
$4,000 year. and there Will have TO he provision
Cor courtooms and assistants, which Will swell the
post OF the system 10 nearly $4,000 year. II is
believed that there viii be a refusal vote the
needed appropriation, and that application will
be made 10 the courts for mandamus TO compel
she city's financial authorities 10 make such an
appropriation 10 carry The law into effect.
in test case thus provided. il is said. there Will
De raised the constituuonalty Of the act, and the
case will be carried to the Court of Appeals. Law
gers who have expressed interest in the subject say
that the case probably can be decided in a few
months.
in his letter 70 the Governor Mr.. Peckham first
replies TO the charse made by the trial justices
that the Commission on the Laws Delay
toward the sustoes Of the First Department
I'D !nEue them 10 conferences
-'until Il had decided ri least tentatively upon
what il would recommend" Ar Peckham
Ba,s that Ire justices were asNed 20 confer with
Tho commission ay its counsel, J. Noble Hayes on
several occasions. IIg gives thc copy Of letter ad
dressed t. Justice B-u,t the subject June
e, 1852 wairi bee says. resulted ln long confer
enc. and tho iaH justices InEraham, IIirsch-
bers aa4 fayuur appeared before Tho commission
al public hearing in the Chamber Of Commerce
ard expressed thei- views AT considerable length
On December .. 1853, . letter was addressed TO all
she justices OF tha rst ana Second departments
asking them 20 attend q meeting Cf the commits
SION at the Ba- AssoCia0G and express tEeir views
THIS meeting was attended ~ Justices Goodrich
5zatch. Scott, Davis. amend, Freedman, Bartlett
Sieger:ca and ClGeIs.eeEe. most Of the other
suoGes sending excuses COR their absence.
a second meeting. 11r the benedt Of The justices
who unable attend The first meeting.
heid On the evening oil December s. and was at
tnnded by Justices Barrett, O'Go:man. Dirkey and
Smith. who expressed taeir views at length
Nj Peckham states IA his Ielter 10 Jle Cover
nor that the justices seem 10 have overlooked the
tact that they and their court were under in
vest.gatiou." and he cites authorities 10 shcw
rhat tho proposed legislation "a the Supreme
Court Commissioners lH Is no, unprecedented
lis let,er continues
Alaay Of ,Iose Justices testified hsfore the Ma
Re- Corliut,ee "A 80 as 10 Tie referee system
gated respecting Il. the justices Of the First
eoTG IN c5nGeiani, ttiogs he con,rnis-
sion. Mr. gusugs Barrett in answer 10 The
tom aboliSl.ins compulsory referencesg'' gong
S s3 iT as a 10 s i ne oa G' Of aPo s
know a.! about "a the ola men, the
younS men, sld he poor men, ara Ike 10 help
them; but Jhlnk The system is vicious, and do
not think We ought 10 - Htt1ecte1 10 i Another
sudee said before the commission - do not de
Zero the referee system. Jhl.lk II IS oarbarous
5ustioes. who condemned IL unsparingl- ir 1893
and why oid they vat until afier nc aaj9GTnneIt
oant an opP1Ttlsl!ty ~ appear ana Present their
objections
viii add that II point Of the rs: i'm
pOrtaace 20 the commission 40 DO away with All
patronage Of the court. TO make Judge ab~outels
:eot devoutly 70 re sought n free him from the
control of and 70 take from him all hope from %
make linn model spds,. Without t.st ne is FOR
subject 10 the temptation 20 hls patronage
for the beneft % others tEan TIE Ntgants. The
say. Il shows that many nave fallen. 10 greater
need OF praise bo accorded 10 any man than
he sfrove fFo counts H. ,,gtfrcs -
deliver them from temptation" The further Oh
section the bill urged by the judges IS That the
viii be found 10 be grossly iuaceouate for he
duties intended 10 be performed by them for the
but also commissioners 10 condemn lands for
public uses, and the number in this county not
exceed twenty-five.
There is every reason. however 10 believe that
the present number VIII be entirely adequate the
commissioners work with thing Ike the celebrity
OF ordinary judges sitting in court The problem
L. how many capable referees. sitting continuously
dispose Of about four hundred contested references
year and do the ether perfunctory work. Meas
Pleas, he Superior Court and The old Supreme
Court g Is quite evitcn; that i've six active
ought u So tie greater part % ms work II is 10
D presumed That "A cc0ce:;latlcn court. consisting
Of 1tr caa3esnuatlsr business 81 the CITY Thts
would cave troIn four 10 six commissioners TO pre-