The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-21
DIVIDE SECOND DISTRICT
JUSTICE GAYNOR OPPOSES BILL
NOW IN THE LEGISLATURE.

."
Territory Is About Equally Divided Be
tween the W. Parties-NecessIty Of an
lnoreased Number 81 Justices JUS
tees Should Not he Worked to Death.
Justice William j. Gaynor of the Appel
late Division, Second judicial Department,
has written a letter to Judge Frederick Il,
Crane Of the County Court, Brooklyn, in
reference TO the proposition to divide the
Second judicial Department, incorporated
in a bill now in the Legislature. The bill
provides that one department shall COM
prise all Of Long Island and Staten Island,
while the Hudson River counties now in
the department shall be made a separate
department.
"The Second Judicial District (Which con-
stitutes the Second Judicial Department),"
writes Justice Gaynor, ais in a very healthy
condition as it is-in this, that neither politi-
cal party greatly dependencies in it, and
therefore the parties are obliged to noni-
nate good men for judges in ordinary years.
I have not heard a single reason ADVANCED
for the division of the Second judicial dis
trict. OF course, its division would make the
new district-viz, the five river counties
quite overwhelmingly of one political ten
denoy, while Long Island and Staten Island
(which could remain) are quite overwhelm-
tngly Of the other. Politicians of a certain
M would like that; but ] know of no reason
why the rest of the community should
want it,"
Justice Gaynor continues as follows:
On the other point we all know that the
number OF judges has not been increased In
the Second judicial district to keep up with
the growth OF population, as has been the case
IN the First judicial district (New York county
and throughout the State. We have only
oirhf trial tn1ppa which has lppu reduced
TO seven for several years past by a Judge
from this district being assigned To tho Court
OF Appeals. 1t Is true that for several years
more causes have been tried In the Second
judicial district than In the First iNew York
county,, with a much smaller force OF trial
judges (seven here to seventeen thercl, hut
our Judges should not be worked to death.
The population OF the two districts is nearly
equal. There should be five new judges
elected In the Second judicial district a. it
10 now, with its ten counties, next fall, or else
three next fall and two the following year.
II the district is to be divided, then four now
judges should be elected for Long Island and
Staten Island. II after that 1t be found that
We need more we can get them, but IL Is not
necessary to consider that now. I am Of opin-
lon hat the kind of lawsuits which now Ill
the courts In the city counties are to grow
much less instead of greater in number in
the future, thus giving the courts less instead
Of moro to do.
Last year there were about seventy days
Of trials all told In four OF the five Hudson
3iver counties which are to constitute the
new district. II 1t be created. The other one.
westchester county. needs a Judge TO sit
most of the time. II can be seen from this
gtatement how many judges these five counties
viii need II they are made a separate district.
Certainly three would be an ample provision.
You perceive that two would be quite enough
Az frial UorH Thav already bn va ryVp htt
one IL in the Appellate Division.
The bench may be very easily lowered by
the election Of too many judges. Those elected
should be men OF large experience as trial
lawyers and Of high ability. Let us try to get
quality and ability rather than numbers.
1t is too bad to put men on the bench to be
educated at the expense of the bar and their
clients. The notion that a lawyer with little
or no prGSt4cal experience may be N TO be
made a Judge is a pernicious one, and has
already done evil enough. A cobbler is not
called in to amputate your leg, but a skilful
and experienced surgeon. The able judges
here and In En- gland come from the active
I had almost said the actual-bar.