The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-22
CULLEN DEFENDS The BENCH.
CHEF SPEAKER At DINNER IN
WILLARD BARTLETT'S HONOR.

Chief Judge OF the Court OF Appeals Says
That the Best Proof Is That New NOrlt-
crs 10 Not Fly ~ the rcu "a q OIiTts
", BOu.kc Cochran Also Speaks.
The Alumni Association of the New York
University Law School at it's annual dinner
at the Hotel Aston, last night, had AZ its
Quest of honor Justice Willard Bartlett,
Who has recently been designated by Gov.
Higgins to sit with the Court of Appeals.
Many of the Judges of the Court Of Appeals
and Justices Of tho Supreme Court Of this
state, as we'll as a number Of prominent
lawyers, were present.
chief Judge Cullen Of the Court Of APP
reals made the dinner the occasion for
replying in a general way to some OF the
criticisms that have been mad recently
On the courts in this State. He also adj
yanoed the belief that in the near future
there would nave to be a permanent ad-
dition to the Court Of Appeals in this State.
While the Governor, > said Judge Cullen,
ehas shown a remarkable appreciation OF
the requirements Of the situation, and a
= remarkable devotion to securing the best
ability that he could for the Court OF APP
. reals, it is fair to say that the time will
. come when there must be some permanent
addition to that court
1T las got now to such a condition that
: it is simply impossible for the Court OF APP
peals, With its permanent mum bers pro-
,ided ty the Constitution, to keep up the
work. 1t is not fair that 80 many able
Judges should be taken from the supreme
Court in this work. | sincerely hope that the
, Legislature will provide for q permanent
RCC ition to the court.
Il know that it is the fundamental idea
hat the court should not be shifting; yet
Under the circumstances the appointment
Of a permanent addition would be- the least
Objectionable system. l do not mean
that we should be deprived Of b advan-
tage Of having with us those like Judge
Bartlett, who have already been designated
They should hold office in the % OF APP
peals on an equality with every one else.
The people of the State should not look at
such a move as an extravaganza: lhey
must support a judiciary sufficient IN NUM-
Der and able enough to dispose OF all the
ltigation.' =,
In referring to the criticisms which had
been made on the courts of this State Judge
Cullen mentioned no names. .
i Know said ne, -tldt criticisms nave
been made on the judiciary, but the test
Of now well the judiciary OF this city and
this State discharges its duty Is this: mat
, cases which might be taken from the courts
of this State into the Federal courts for de-
oision are not 30 removed. Inc people
ClIS oUdJ0 "Ouiu Dc Pi.ooN
to know the number of suits which might
be removed to the Federal courts, but which
are allowed to remain in the courts OF this
State.
THE fact OF the matter is that the parties
. to the suits are satisfied with the admins
tration of.justice here and that is the pract-
cal test. Surely the Federal courts OF this
community are of the highest order. Yet
the people are willing to continue their
litigation in the State courts; That is tne
.a.t --L,ok - syyar N " ~ the Nri1niaml
on the courts of New York State
The Chief Judge sald that he congratuL-
lated Justice Bartlett on the honor which
had been accorded to him and that Re cen
which had fallen on the alumni association.
Finally, he congratulated the people OF the
State Of New York that they were going to
have u man Of the highest culture and
learning to aid the Judges in the Court OF
Ap1sa''.
Bourke Cochran said that the decline Of
legislation is a feature of modern civiliza-
ton. He did not agree with those who
say that as civilization advances the lawyer
Is bound to disap29esSr 4: ,' On the ME, G Sa noblsr
and broader. Mr.. kran said hat gov,
eminent by direct processes has reached
its limit of utilities. The decline OF htlga-
ton is but the manifestation OF the reign
of Justice sweeping around the world. Inc
problems of to-day are difficult because it is
difficult to say on which side justice lies.
4On tue decision of Mr.. Baer and Mr..
Mitchell lie more important consequences
than will result from all that Congress can
do in a generation. Yet all that the courts
can do has not discovered a means OF assert
ing the right of the community as against
the rights of these men,"
Sucn rroblems as this, which are arising
every day In all parts of the country, must
be met, not by the enactment of laws, but
by the courts. They must work them out
and triumrh through justice.
Justice Bartlett pleaded for a broader,
development of the ethical side of legal
training. Other speakers were the Rev;
Justice Martin J. Keogh. Others present
were Justices Blanchard, Giegerich, Rirsch-
Der e, jerks, Laughlin, Nathan l.; Miller,
Maddox, O'Dwyer, Rich, Scott and Wood
ward.