The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-19
JUDICIAL REFORM.
4 Plan for Coordinating All the Courts
OF the state.

To II EDITOR OF THE SuS-Sir. The
three problems to be considered in re-
forming the judiciary are: To obtain
the advantages to be derived on the one
hand from the appointment OF Judges
BIS the executive power and on the other
from their election by the people rapid
and economical disposition of business,
and provision for a trained judiciary.
! do not think either the bar or the
public ~ convinced of any great SUI
periority Of our appointed District Fed
"ral Judges over our elected State Jus
tlccs.
The advantages to he derived by hav-
ing one supreme court of j~udicature to
include all the higher and lower courts
OF the State need not be discussed again.
They have been established not only in
theory hut by experience in England.
As n possible solution OF the prob
lens | suEgcst the following scheme,
which would have the advantage OF dis
turhirg only in a slight degree the pres
ont systems:
Tho present court of Appeals to he
me supreme court OF Appeals and Re-
view. This to remain as now constl-
tutod and tho Judges tn be elected. SAL
aries to he advanced, so ms to he equal
to those paid the other Justices.
Nv 'Il'l'Illf 'hufl OF Justice, JUS
'lces with fun jurisdiction in all legal
matters except as conferred on the Court
Of Appeals and also except so far as
delegated to a lower court. "a below.
The four Appellate Divisions to he
re''ircl as az present. but the Appel-
ate Justices to he elected by the Jus
tic's OF each department respectively (;
such court tn make assignments OF terms
for tho Judges below ms we'll ms their own
courts; also. the rules Of practice for
that department and to attend to all
alminis'ra'jve and disciplinary matters
Thu Justices Of this division of the
court To he appointed 10y the Governor
for 'h" terms and AT the salaries as At
present. by and with the advice and
consent OF the Court Of Appeals. hu. to
be appo ntei from among the number
OF the lower Judges mex referred to for
each department as and when vacan-
c.es t. such department occur.
\ third division Of Judges of the Sill
prone Court 10 hn constituted. in the
i's' place, of all tho present lower Court
Judges, county judges. Surrogates. non
judicial powors, Special and General
Sessions and Municipal Court Judges
and Police Justices, &c, to have the
powers AZ present vested in those courts
together with powers, to he delegated.
To act as masters and official referees
and in the place of commissioners in
condemnation proceedings and In lu-
macy, sc. These Judges to he elected
but the present officers 70 Ne continued
until Their terms shall respectively ex-
plrc.
\ necessary provision would he as 10
this third class. tho power of the An
rcllat" Division subject 70 review nv
the 'uur' of Appeals division, to remove
a'y such Judge for u~nntness: hut on
the other hand by a long term and A
handsom" salary to insure n large BODY
OF good LAWYERS who would expcct and
train for a permanent position as Jus
ttcos with full powers.
understand he French have n soma
what similar scheme out Of a large
number Of magistrates the rev Judge
- selected for merit by q commission OF
~" ch.ef law officers. Rut the macls-
trates ~" not elected and tho head OF
the sovereignty has little or nothing To
say, 80 that the result 10 stated Ia he
open to criticism, My above suggested
pan, az course only an outline, seeks
10 ohv,ate these difficulties.
NEW NoEH, May 10. RAeRrsrrr