The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-03

eight justices in such district will. when the
present calendars are cleared up, be needed
in order TO prevent a recurrence of the law
delays which now result in great hardship.
The same conditions prevail In the old
Second district. including the new Ninth.
The NUN Der Of untried jury cases In Kings
county has nearly doubled in the past three
wears and is about ten thousand at present.
In the Fifth district outside u dges are called
in when available. but new cases
more rapidly than the old ones are disposed
OF.
No less than seven trial and special term
~iustices are demanded in the Eighth district.
Five only are now available, and in order that
seven may be at all times available the pro-
posed increase of two in that district must be
approved.
Where cases cannot be tried promptly In
court references become necessary. Referees
and stenographers' fees are large. and the
expense must be borne by the parties. Liti-
giants are denied justice when 1t is difficult
and almost impossible for them to get equity
cases to trial in court. and they are forced TO
consent to u reference.
Supreme Court judges are State officers.
whose salaries are paid from the State treas
ury, except as they receive additional COM
pensation from the city of New York when
holding court there, While l do not contend
that Justices should be elected in one district
merely to supply the needs OF another dis
trict, 1t should not be overlooked that an
additional judge in the First district imposes
upon the Eighth district the same expense
that an additional judge in the Eighth dis
trict imposes upon that district, and that as
there Is no direct State tax, the increase OF
the Judiciary nowhere adds to the general
real and personal property tax.
Taking all these matters into confederation
I am led first to condemn the constitutional
amendment which leaves the Legislature and
the Governor subject to1mportunities to make
at once an increase which should be made
gradually; second, to condemn any UNI
necessary increase of the number of judges
as tending to multiply expense and reduce
the standard Of merit and fitness of judicial
candidates; third, to condemn the practice
of compensating judges for services outside
their departments at a higher rate than they
receive at home and. finally. to consider
what disposition to make Of the pending
bills.
| approve the bill providing for eight adj
ditional Justices In the First district. This
is the maximum increase for this district,
but on the same basis OF population as that
applied outside the First and Second districts
the possible increase would be seventeen.
The ten additional Judges provided for
the Second district, including the new Ninth,
are demanded with practical unanimity.
The possible increase Is sixteen, and on the
basis prevailing up the State the possible
Increase would be twenty-six.
The addition OF one Justice in the Fifth
district. where at present the Constitution
permits an increase OF two, seems proper in
view Of the population and business activity
OF the district. In the Eighth district the
bar looks upon an increase Of two, which
is but one-half Of the possible increase. as
conservative and proper, and such increase
seems necessary in order that trial and special
term work way be disposed Of s~atisfact orily
and with reasonable despatch.
am of the opinion that with these increases
the remaining districts will suffer no serious
Inconvenience and l have not approved the
bills for additional Justices In the Third,
Fourth and Sixth districts.
FRANK W. HIGGINS.