New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-11
TO STOP LAW'S DELAY.
More Judges and Jury Trials Are
Proposed.

To the Editor of The Tribune.
Sir: 1t is conceded by all that the calendars of
courts cOngested with thousands upon
thousands OF live causes. all painting for immediate
trial is also conceded by all that the judges OF
our courts are being overworked. Overwork GER
tanIy killed Beekman. Beach. Smyth, McAdarn.
Andrews Allen. Russell. Rumsey and the rest of
the recently deceased judges readily recalled to
memory Our judges make no complaint They
seldom answer any criticism. They ask no help.
They go right eating up enormous daily calen-
Oars: but their abnormal appetite for work is not
able to consume both the heaped up old causes and
the new causes daily piled upon the old ones They
are physically unable to do more than they are
doing
Our few judges must be helpless against this
raging ocean Of work and against these raging
5000 lawyers idly waiting and ready to work the
endless chain of their annual 5000 causes why
judges not entitled to relief? But the
whole State has this same trouble. Its seventy-siX
Supreme Court judges cannot keep the 5000
registered and practising lawyers COR rather wait
ing to practise) engaged daily weekly or month
~. Why are these thousands Of lawyers not en-
titled relief? Litigants cannot have their causes
brought to trial within two years. Before the eX-
piration of that time. witnesses may be dead, the
parties bankrupt and the subject Of action lost.
Why these thousands OF Htgants not entitled
to relief
The cause Of the laws delays is self-evident- 1t
is lack OF judges. The judges Of the Supreme
Court in this first department now number twenty
judges from the other departments. How they
be expected to preside 5000 trials in year?
Increase the number OF judges Press 10 vote,
concurrent resolution of the legislature amend
ing the constitution. to give one judge for
each 10000 Of the population in the city and one
for each $1,000 OF the population in the country
This department has population OF about 100000
OF the $751; 402 OF greater city. This would
make the Supreme Court Of this department con-
sst Of ffty-ive judges
But even this number and the few judges
might be able to borrow from the other depart
ments would never be able to clear away this con-
stantly increasing congestion Of the calendars To
rush trials. ieOpardiZing life or liberty or fortune.
IS a heinous sin In a few years largo portion
OF Manhattan Borough will be exclusively occupied
by business buildings only. While its daily business
population will increase by millions, still its resi-
dent population may diminish. Therefore. the
ratio should be create for the city than for the
country. Five additional judgeships should be
created also for each Of the busy inferior courts.
civil and criminal Temporary treatments of this
trouble expedients less than heroic both use
less and absurd. Thus it is plain that this con-
stitutional measure IS the only remedy
These thousands upon thousands Of Nugants.
whether their causes just unjust. en-
titled the first consideration both OF taxpayers
and legislators. They should get it. according TO
the organic law which specifically declares:
Neither justice right shall be sold do
layed" Trial by jury shall remain inviolate for
ever" Justice. the humblest seeking her. should
be free air and fast light.
These thousands upon thousands OF lawyers
ought 10 be protected against unnecessary additions
TO their ranks and they ought 10 be given greater
facilities and opportunities. First. tho scat
tered courthouses ought TO be brought together
The judges and the territory OF the remaining three
boroughs-Iuchmond. Brooklyn and Queens-in our
greater city should be included within this first de-
Observation-Disclosures and Tho Bronx-and all the
judges. except local ones. would then DO housed
under the magnificent dome of our projected NAM
moth courthouse. This also should be included In
the concurrent resolution. The city never be
union while its judicial departments remain d.
yorced.
Next tho classes OF action and special proceed
ings triable by jury should DO enlarged. In NIL
civilized communities the jury not the judge. is the
judicial tribunal The concurrent resolution should
also require that every issue OF fact either IN an
a no OF sp "T, proeeeGHs Sa be 70
determine issues OF fact well issues OF law.
Many lawyers, Of course think that a judge VINO
the subjects that make up the circle OF human
knowledge should be both judge and jury But
experience says that the plain people, because OF
their abiding faith in the infinite wisdom OF the
referees or judges without juries Besides jury
trials are cheaper and shorter Further the county.
all the taxable fees Of the official stenographers.
Should not be the exe si uxury OF the rch
The absence OF enough courts and the presence OF
ang at once e tRe bench the bar and the public
The peoples ta*es should be applied nTst foF
then for the other proper purposes OF government.
vice positions the exempt petty political places.
TO expect our overworked twenty-four Judges
who and not machineS-to preside
all those thousands OF trials in single year
and give each OF those thousands OF lawyers
some chance Of engagement is simply expecting
the impossible While those twenty four judges
have before them actually engaged fortyeight law
yers the other lawyers Ito be precise. 1850 make
quite congested audience. TOO few judgeSI Too
many lawyersl Too few facilties! Indeed. every
good citizen should advocate this constitutional
measure alike for the relief OF the tgants tho
lawyers and the judges. But he must expect op-
position from those persons whose base interest in
Justice and retard her I'm her brilliant prog
ress. WILLIAM HENRY KNON.
New-York City, Jan. g. 1904.