New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-07
IT'S NO JUDGES LAND
Annered Section Left Out By
Judicial Bill, SAYS Sikman.

Surrogate Theodore H. Silkmsn of Yonkers has
se"' s'i open letter to Senator Edgar T Bracket
AZ "Hich ne says the bill reported by Senator
BRACKETS committee to divide the I'd Judicial Dis
u1et makes no provision for the town of West
chester and portion of the towns OF East Chester
ana Pelham. which annexed TO New-York
CITY under the laws Of 1895. This territory is now
hho"r as no mans land. says Judge SiIkman
put II Senator Carpenters bill becomes law ii
VIII be mo judges land. Surrogate Silkman says.
in part:
, The Pill as printed provides that the present I'd
J;5d District shall be- and the same hereby is.
:: the said "a judicial District hereby created
o, consist or the counties Of Richmond, Kings.
dlciai District to consist of the counties of West
chester PUTNAM Duchess. Orange and Rockland.''
he cites two cases in which the constitutionalty
or the act of 1895 has been passed on by the Court
OF Appeals. Continuing. he says:
| assume that when the Legislature refers to the
To1untE OF Nestchester it means the county of
is shown by the action Of the Legislators in ap.
ps9rHnonng the Congressman allotted to the State
Mes:ches ter County was made Congress district
annexed TO New-York County in 1856.
Surrogate Silkman says that in the formation Of
judicial districts the constitution requires that
county lines must be observed. and thus this por-
ton of the % Judicial District which is
part OF New-York County, cannot remain part
of either of the proposed districts. The recent
constitutional amendment authorized the Legis-
lature TO divide the % Judicial District into two
districts, but this the Surrogate Senator Car
penter's bill does do. He says simply divides
portion of the I'd Judicial District as 1t
fists. Surrogate Silkman recommends the following
remedy to avert unfortunate situation:
The only way would be 20 enact general bill
providing for the boundaries OF the several judicial
districts of the State, you authorized to do
by the constitution after an enumeration of the
inhabitants and in such bill provide that the LIST
Judicial District shall consist of the present county
OF New York and then YOU may erect out of the
% Judicial District another district to be known
the 9th.
He says he is somewhat in doubt the merit
OF the to divide the I'd Judicial District
Continuing. he says:
You know that I the author and sponsor for
the recent constitutional amendment authorizing
the division of the 2d Judicial District and at the
time drew IL I believed il the best means to
promote the expedition OF litigated business Since
its adoption ] have learned that many of the jul
dietary, including members OF the Court of Appeals.
for whose opinion have the greatest respect think
the I'd judicial District divide IT. that pol
itics will enter more largely into the selection of
nominees for positions upon the Supreme Court
bench.
TO tend to the election of selected by political
machines without regard to the desire OF the people
and will put political collar upon the members
Of the judiciary, IL would be most unfortunate
In concluding Surrogate Silkman says he is not
this would be the effect the present time, but in
any event, he says II seems wise TO proceed slowly
| in this important