New-York tribune., 1906-06-03
NEW JUSTICES ASSURED
THIRTY DAYS" ENDED
Governor LeaoeS No Important
Measure for Omnibus Veto.
TBy Telegraph to Tho Tribune.l

nreme Court justices in the fst ID new 9th
5th and sth districts. There viii be no in
crsases in the Sd. 4th and 9Th districts. because
The Governor took no action on the necessary
bills. Fifteen new Justices are to be elected in
The LIST and ID districts.
when the Governor finally disnosad of tho
Supreme Court bills there remained for his con-
sideration no important measures and hardly
a1y except the purely routine bills Some two
hundred bills failed to become laws either
Trough the veto of the mayors of the cities n
which they applied. or because the Governor did
uE act on them A large proportion was made
Up Of claim bills or unimportant city or county,
measures.
The Governor passed on every important bill
Of the session. signing il or giving explicit rea
Ens Tor his veto Included in his omnibus
veto was not one big New York City BILL and
only one general bill of much moment-senator
Tallys amending the stock transfer tax act m
authorize the Controller to examine brokers,
books.
Governor Higgins expects to take a vacation
after his recent hard work He left here for
oean tonight. where he will spend a few days
offending 70 business affairs. Then he will go
West for about two weeks
Accompanying the signature Of the Supreme
Court bills the Governor made public the fol-
lowing memorandum:
he he
came o. I3Ics on January l. 1906:
The -scEis4ature may from time TO time increase
cep mai the humber Of juces ia t6 6istf Ia and eS
= atSulels or IN any Of the districts into winch
creased 10 exceed one justice each eighty thou
sand, or fraction over forty thousand, of the popu
lsol thereof shown by the last state or federal
census oT enumeration, and except that the number
creased 10 exceed one justice for each sixty thou
SAND or FRACTION over thirty-1ve thousand. of the
population thereof as shown by the last state or
federal census or enumeration"
tion zed he number OF supreme Court t- Justices in
eac judicial district of the state. but this anund
u.eIt permits The Legislature TO make an addition
70 The present force OF thirtyeght justices an
crease y % Per cent The Legislature eXer-
Judseships from time TO time the needs OF the
iwenyve ad6itfonai Justices. or tWothiTds Of the
t0tal possible increase.
or t-e seventy-six Supreme Court justices of the
AIqel5te courts. as follows: Court Of Appeals. 3;
APPELLATE Division ~ Appellate Term. 3.
Te.h rom The tight districts respectively as they
]. a-hltrarv and varies from ~ in The al
81. erl. and sth districts. 10 % in the 7th
eeh district is as follows ls 10 ID = Sd, 81 4th 3;
While q majority Of the judges assigned pernla-
1enlE 70 the Appellate Division in each depart
t1sy are assigned. the constitution clearly contem-
plates the assignment Of justices TO the Appellate
-a1 oo--,-e-ti,- 80 - 81 - ~ ~ tne M e4lsou 3t
rleuf - yh.ch they were assigned The state Bar
4ssoc.ation- at rs session in January. adopted
report which upheld she designation Of justices
perform duties on the Appellate Division from dis
trcls oots0e u the departments in which they are
called upon 20 serve. AN important and valuable
feature ~ our Appellate system" The report
aemnea 5ne plan " keeping the judges al home as
PROVINCIAL and narrow Al present. seven OF the
Division are non-residents Of the departments in
T4ca the5l sit Il is improbable that this number
desisnatioa terrnina prior December g. 1901
signing justices TO appellate duty outside Of the
ofIeTtInf52ts in which they reside will not be dis
am advised that. as the number Of trial justices
u Ire respective departments is increased. the
NelA q NE Appellate Division will be increased,
ma addiuoTal assignments Of justices 10 the Ap
ar6 fgt the 1naxirIn 9cTe ali 1Iod %e IN S ,b %oIS
lls-Tict VIII be absorbed in trial business that
- Ereater number Of justices from such district
The increase in population in The list District and
the eongested calendars now found there indicate
VIII when the present calendars are cleared up, be
LaE delays. which now result in great hardship.
The same conditions prevail in the old 2d District
cas-- in Kings County has nearly doubled in the
last three years and about ten thousand at pres
II when available. but new cases accumulate more
& fewer than seven trial and special term JUS
uces demanded in the Sth District Five only
nov aTailable; ana, IN order that seven may be at
e. times available. the proposed increase of two in
Where cases cannot be tried promptly in court
reierences become necessary. Referees and stenog-
whea II is difficult and almost impossible for them
10 6ST 9s5cs {0 Tfeeno en State officers whose
Salaries are paid from the State Treasury, esoept
as they receive additional compensation from the
q H% SG 6af Tafn h26g should elected h
eIe district merely 10 supply the needs OF another
aon2 5oase in the ist District imposes upon the
tudre the sth District imposes upon that district
srd thar. as there is direct state tax. the in
re and personal property tax.
Taking all these matters into consideration am
Frsr-To condemn the constitutional amendment
which leaves the legislature and the Governor sub
.et r. opportunities 10 make at once an increase
EAlcr should be made gradually.
Of he number Of judges as tending 10 multiply
pelse and reduce the standard OF merit and fitness
T,aird-ro condemn the practice of compensating
hgher rate than they receive az home. And.
FINALLY. 10 consider what disposition 10 make OF
j. spProve the bill providing for eight additional
ess y he lst District THIS is me sauI9 sa s1a M
8opllaton that applied outside the Isl ana "a
The ten addi1ionsl judges provided for the %
3str1cr Including the new 9Th. are DEMANDED with
.seocsI unanimity The possible increase Is siS-
1 @ 5n9 on The basis basis PTeTSnfE pr up the state the
Tae addition Of one justice in the 5th District.
Ehfre ~ present the constitution permits an In
and 9 Bsenes sctTy % %of = the f~ dStrcf st s n the
@ @srt he bar locks upon % an nereaee Ss '~o
tonserva tive and proper and such increase seems
hsesssry IN order that trial and special term work
nay be disposed OF satisfactorily and with reason
t6e dispatch
an n the opinion that with these increases the
sefaHlug districts will suffer serious inconven
tace and ] have not approved the bills for addi-
sohal justices IL the 90. zth and 9Th districts.
The Governor vetoed the bill relating TO com
pensation of counsel assigned by the courts
'teapse he believed IL 20 be retroactive and un-
institutional and two measures regarding the
Examinations OF dentists and their registry be-