The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-07
Ln.llrr 20 Snr.ne.lhen, Indar,

Justice ~ Nor-g csldrn' Iudars.
Tho Legislature which hnt jusf ad-
loufncl haa provided fpr % o~onaidsrablc
Incrcuo in tho number ~ supreme
Court J,rticca m llIs siItn Nv thrre ~
tho nine Judicial dIstrota into which
tho state h now divided tho contem-
plated addition Nv tho number ~ Judges
iaundueationuhlv and Acknowledgements
We ROTOR 10 tho fir7t district, which com
priaca the county NJ Vow York; IN"
Second district, which comprises Long
island and Staten Island, and tho now
Ninth district recently detached from
tho Second. which comprises the counties
Of Wcstchestcr, Putnam and Duchess
on the east side NJ the Hudson and tho
counties Of Rockland and Orange on tho
west. In these three districts IN" senti-
ment ~ the bar and ofthc public il almost
unanimously In favor Of tho proposed
increase.
In the other judicial districts OF tho
State tho need for additional judges
was not 40 evident. Decided objection
was manifested at Albany TO the meas
ures providing for their election this
autumn, particularly in the Eighth or
Buffalo district. Nevertheless, a bill
providing for additional judges in that
district was passed in the closing hours
Of the session, and this action of the
Legislature has provoked considerable
newspaper denunciation, especially on
the part of the Albany Argus, which
declares that nearly half the Supreme
Court Justices from the Eighth district
have sought and obtained what 1t calls
Stat assignments" to the metropolitan
bench AT a largely increased compensa-
ton, and goes on to say:
t. II these justices we're returned TO western New
York, where hey belong, and II the metropolis were
permitted to elect q number OF justices equal TO its
needs las every locality OF the State ought to do,
no, a sInglc additional Justice would be needed.
nor could an excuse for any be found in any district
outside OF the First and Second DEP
Now, of course it is true that If mono
OF the Supreme Court Justices who are
elected in the upstate districts were
ever permitted to hold court in New
York or Brooklyn, there would be no
occasion for the election of additional
Judges in these districts. II is very UNI
fair, however, to attack the judges from
those districts who have been designated
TO hold court here On account of their
assignments to that duty. The Constitu-
ton Of 1894 distinctly contemplated that
the Appellate Divisions of the Supreme
Court-which are held at Rochester,
Albany, New York and Brooklyn
should be composed in part of non-resi-
dent judges. Indeed, when the judi
ciary article, which was prepared by a
committee of which Mr.. ELHU Root was
the chairman, was first reported to
the convention it contained q provision
requiring that n majority of the Justices
in each Appellate Division should be
non-residents. After full consideration
and discussion of the subject this pro-
vision was changed so as to require that
q majority should be residents; but the
clear implication still remains in the
judiciary article as adopted that each
Appellate Division should consist in
part of nonresident members. This
was based on the idea that the Supreme
Court was a tribunal whose jurisdiction
extended throughout the whole State;
and il was thought TO be wise to pro-
vide that in its appellate branch the
membership should not be exclusively
local.
We are inclined to think that this was
q sensible view but even If il be a mis-
taken one, no blame can possibly be
attached either TO the Governor for des-
ignating nonresident judges to sit in
the Appellate Divisions or to the Judges
themselves for accepting such dcsigna-
tions, The real objection to the system
is not personal to these judges generally,
but grows ont Of the fact that while
sitting here in the metropolitan district
they receive a very much larger COM
pensGtion than they would receive at
home. This fact, perhaps, has led some
men to seek appointments here who
might otherwise not have sought a post
involving increased labor. We believe,
however, that the judges who have So
licited and ohtaincd appointments to the
Appellate Division, on account of this
incentive, constitute the exception and
not ,hA rule,
Mr.. Gompcrs Warns Congress Again.
IL rulflp,npt Of bis ,nyl. &c ,h, ha,l 30