The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-03
new JUDGES TO Be ELECTED.
GOV. HIGGINS OPPOSES or THE
BILLS BEFORE HIM.

This District VIII Have Eight More supre me
Court Justices, the Second Ten More,
the Fifth One and the Eighth TwO-The
Third, Fourth and SiSth<iet M Increase
ALBANY, June 2.-Gov, Higgins to-day
disposed Of the bills providing for additional
Supreme Court Justices. He signed the
bills providing for an increased number OF
Justices in all Of the districts except in the
Third, or Albany and Hudson River dis
trict; in the Fourth, or Saratoga and north
ern New York district, and in the Sixth, or
Binghamton and southern tier district.
The bills vetoed provided for two adj
ditional Justices in the Third district, one
in the Fourth and one in the Sixth, Judge
G.. D. B.. Hasbrouck of Kingston was to
have had one of the judgeships in the Third,
and Frank Black was to have named a
Rensselaer, county mar as the second JUS
tioe. Former Assemblyman Wemple OF
SCHENECTADY was mentioned as the probable
new Judge in the Fourth, and Senator Har-
vey D.. Human had been highly spoken OF
as the probable new Judge in the Si1th
district.
The only judicial district for which there
was no bill providing for additional Justices
was the Seventh, or Rochester district.
The bills signed provide for the election
next fall of eight additional Supreme Court
Justices in New York county, First distrlct'
seven in Kings county, Second district;
three in the, new Ninth district, formerly a
part of the Brooklyn district; one in the
Fifth, or Onondaga- 0neida-Oswego dis
trict. and two in the Eighth, or Erie Chau-
tauoua-N Niagara district. In all twenty-o1e
new Justices will be elected next iall' I1
disposing Of the bills Gov. higgins nied
this memorandum:
Until the recent constitutional amendment
was adopted the Constitution liked the mum,
her Of Supreme Court Justices In each judiciai
district of the State, but this amendment
permits the Legislature to make an aodl'ioh
TO the present force of thirty-eight Justlces'
an increase of so per cent. Inc Lesisiatute
has exercised the discretion lodged IN ~ 70
create new judgeships from time TO time as
the needs OF the State require by passing
hills nrovidina at once for twenty-five ad-
ditIonal justices. or two-thirds OF the total
possible increase.
or the seventy-six Supreme Court Justices
of the State thirty. or over 80 per cent are
assigned to appellate courts as iohows:
Court Of Appeals. 3; Appellate DIVISION "a
Appellate Term, 8; total, 80.
The percentage Of Justices assigned 70
appellate work from the eight districts re-
speetively. as they existed prior TO the cfea,
ton OF the new Ninth district, 10 arbitrary ana
varies from so per cent. in the Third. FOURTH
sixth and Eighth districts to 20 per cent IN
the Seventh district,
The number OF trial Judges remaining In
each district is as follows: First, Is: Second
7; Third 8; Fourth. 8; Fifth. 4; SIXTH 81
Seventh, S; Eighth. s; Ninth. 1. =,
While q majority Of the Judges assigned
permanently TO the Appellate Division In each
department must be residents OF the depart
ment to which they are assigned the Constitu.
tion clearly contemplates the assignment OF
Justices to the Appellate Division outside OF
the departments In which they reside. 1t was
seriously urged In the constitutional conven-
tion that a majority OF such Justices should a.
I'll times be non-residents OF the department.
% which they were assigned
The State Bar Association at its session In
January adopted a report which up cid the
designation of justices to perform duties on
the Appellate Division from districts outside
OF the departments in which they are called
upon to serve as IAN important and valuable
feature of our Appellate system" The re-
port condemned the plan OF keeping the
Judges at home as provincial and narrow"
At present seven Of tine twenty-four Jus
tiees assigned to the Appellate Division are
non-residents Of the departments In which
they sit. II Is improbable that this number
Will W lcuuttN "a 'NS ~
designation terminates prior to December 81,
1907, and IL Is safe TO assume that the practice
of. assigning Justices 10 Appellate duty out
side OF the departments in which they reside
will not be discontinued.
am advised that as the number OF trial
justices in the respective departments Is
Increased, go the work OF the Appellate Divi-
sion will be increased. that additional assign
mcnts OF justices to the Appellate Division
in the first department may become neces-
eary to- enable it to keep UP with It's work,
and that the maximum increase allowed
in the First district will be absorbed in trial
business, so that no greater number of justices
from such district will be available for APP
pellate duty.
The increase in population in the First
district and the congested calendars now
found there indicate that the increase OF