The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-20
THE NEW CONSTITUTION.
Mr.. Wickersham Replies TO Mr.. John
Godfrey Saxe's Criticisms.

Godfrey Saxe's Criticisms.
To THE EDITOR OF THE SUN-Sir: Mr..
John q. Sake in a letter in THE Sun Of
October Is expresses certain reasons
for his opposition to the judiciary ar
ticle OF the revised Constitution, and
adds that that instrument contains so
many features that he believes to be
thoroughly bad that he is constrained
to urge every citizen to vote against
1t. Mr.. Sake as a delegate to the
convention voted for twenty-three
out Of the thirty-three amendments
adopted by the convention, including
the provisions for a State budget, regu-
lation of State Indebtedness, respect
ing the Indebtedness Of cities, u
ties. &c. reorganization Of the State
executive departments, appropriations
for public works. abolition Of the
emergency message. increase Of the SAL
AIRY of the Goveror and Of members of
the Legislature, &c. He asked It to be
recorded that he would nav voted In
, favor Of the conservation article IL
he had been present. He voted
against only three measures: the taxa
ton and apportionment articles, which
are to be separately submitted to the
electors. and the article on county
government. He asked to have 1t
recorded that had he been present he
would have voted against the judiciary
article. He now urges voters to con-
denim the whole Constitution. includ-
ing the twenty-three amendments he
voted for. which embrace some OF the
most important and far reaching
measures adopted for the removal of
real evils in our State government.
upon the ground that I'VE can then
secure the enactment by separate
amendments Of the features that are
worth while"
Mr.. SAKE RETAINED from taking any
part IN the discussion over the judiciary
article In the Constitutional Conven-
ton until 1t came up for ina passage
on the order of third reading. when
he objected to n provision. namely.
that increasing the jurisdictional limit
OF actions at common law in the City
Court OF New York from $4,000 to
$4,000. an objection which was met
by the convention making that reduc-
ton. The grounds stated for his pres
ent opposition TO the judiciary article
are "A series OF very inaccurate state
ments concerning the provisions OF
the article. His first objection is that
IL makes wholesale provisions for
new Judges and Commissioners" 1T
provides" he says. "for three addi-
tional Supreme Court Justices, one
additional General Sessions Judge and
seven additional City Court Judges"
Tho nrnxtsinp for ~ aIl,t,,n.l TO-.
eral Sessions Judge is not n require
ment. but authority granted to the
Legislature. in its discretion. TO au-
thorize the election OF one additional
Judge to reside in and be chosen by
the electors of Bronx county.
The addition of five City Court
Judges. two in Kings and one in each
of the counties of Queens. Bronx and
Richmond. is required because OF the
consolidation Of the county courts. so
far as their criminal jurisdiction IL
concerned, with the Court Of General
Sessions, and the provision for the
addition of two additional City Court
Judges again il not a requirement. but
authority granted to the Legislature.
in its discretion, to authorize the cleo
1919 WV II ''bi I
Judges. one to reside in and be chosen
by the electors of the respective coun-
ties of Bronx and Kings. The flock
OF Supreme Court commissioners. the
number n salaries OF whom are in
now!se limited" according to Mr..
SAKE. are provided for in the authori-
cation to the Appellate Division of the
FIRST n Second departments from
time to time 10 appoint for each of
the counties in such departments
within the city Of New York such
commissioners AS they deem neces-
sarN, and, with the approval of the
Board Of Estimate and Apportionment.
or it, successors. fix their com
p%ensation, which shall be uniform
IN each county and a charge
against the city of New York" This
provision il a sufficient refutation of
Mr.. SaNe's statement that the mum
Der and salaries of these officials are
In owise limited" Mr.. SAKE a y
that the cost Of these new oficehold-
ers to the city OF New York has been
estimated at probably 81 200. 900. |
have no means OF knowing what he
estimates them to be. ! have seen nc
estimate which would place the totaI
figure, including the salaries of al
the Judges and OF twelve Supreme
Court commissioners which ! believe
would he the greatest number neces-
sary. above $3.50, 600.
Mr., SAKE objects to the changes pro-
posed in the Appellate system. He says
that by the new article the Court OF
Appeals lis stuffed by the addition OF
three elected Judges and from four to
six appointed Judges, and II is also
provided that ii shall sit in two parts. =
He does not mention that the three
elected Judges, now and for years past
have been sitting in the Court Of APP
peals under designation by the Gov
ernor upon the certificate OF the Court
Of Appeals that said court Is unable
by reason Of the accumulation q,
causes pending therein, to hear and
dispose Of the same with reasonable
speed; so that the new article merely
makes permanent in the new Consti
tuition "A condition which, arising az {
temporary condition. has become per.
manent. It is in conformity with tn,
opinion Of the court Itself.
Mr., SAKE does not mention that tn,
addition of the four to six appointed
> Judges and the provision for the cour'
sitting in two parts Is merely tempo,
rary. limited in the first instance I,
, the disposition of h present arrears
|, of upward of 600 cases in that court
and by its terms not to continue he.