The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-09

Itself might determine TO have brought
~.
The Court OF Appeals Judges should
receive at least as lmuch az the high
est paid Supreme Court Justices (who
get Si7.500 in New York city,. ! be-
iieve they are nov i~nsdequately paid
! do not believe that the Chief Judge
or the Court Of Appeals itself should
appoint any OF the Judges or Justices In
the state.
People should Elect.
There are now three branches Of
government. and the people should have
the right TO elect the Judges, keeping
this branch distinct from the other two
branches OF government A Judge
should not be bestowed with the power
OF appointing any one. In England the
Lord High Chancellor Is not only "a
Judge. but re IL a politician and he
comes and goes with his party. The
appointment Of a bad Judge by the Lord
High Chancellor can be rcacned by n
vote Of confidence In the House of
Commons.
Here the Chief Judge Of the Court
OF Appeals IL a judicial and not a po-
li,ical officer. and hts teuire OF offce
is fixed 80 that II ne makes n bad ap-
polntment he Is not readable by the
people as IN England
The Cour OF Appeals should not be
permitted 20 designate the Justices on
the Appellate Division Of the supreme
Court. as II would make the Appellate
Divisions subordinate ard creatures OF
the higher courts.
Much of the grievance as to laws de-
lays comes from the ual appeals now
allowed The judiciary articles should
he mora Sn,rlHT than nr. pfhG~ ~ skA
articles In the Constitution. ! should
favor establishing a separate court Of
criminal appeals. There Is "A feeling
that there nave been 700 many delays
In criminal appeals. and swift justice.
unless 1t be Judge Lynch. IS the best jus
tice.
~ think that the Appellate Division
In reviewing a criminal case should he
permitted TO change. reduce n modify
a criminal sentence.
Judge often Too severe.
"A man presiding at a criminal trial
is human, and often. because of the eN-
element OF some great case. he may
think that a drastic sentence rebounds
TO the efficiency of his particular admin
istration Of justice. | have seen in my
life-I don't say where or whcn-Cases
whore | thought the punishment was Sc
we're and cruel on u of It's undue
length. see no reason WHY the court
that has the power to review the judy
ment of evidence should not review the
sentence OF the Judge who presided so
far as the punishment Is concerned
81 have no objection to requiring the
Court Of Appeals 10 render opinions ON
constitutional and important questions
n the Governor and the Legislature, The
Presiding Justice Of the Appellate III
visions hould he permitted TO designate
another Justice to sit in case one mem
her OF the court Is unable TO serve en-
porarily for any reason.
81 would also permit a member OF the
Appellate Division on occasions TO GO
back 10 trial or equity term work. I
think that S~urrogates' courts should no
left as they are and not amalgamated
with the Supreme Court. l do not be-
lieve in the principle of the direct pr!-
mary for the selection of Judges.
IT thin that tho unanimous verdict OF
a Jury should be continued, and am not
In favor Of a three-fourths or fve-sixths
verdict, even In civil cases. think the
Appellate Division should have power 10
say when appeals shall end when a case
has been sent back three or our times
and a Jury persists In giving a verdict
to the plaintiff because Of sympathy,
seven Jsdges In Brooklyn.
The number OF Judges on the Brook
lyn Appellate Division should be In
-rea sed from five to seven. The work
of tina court has doubled since II was
esta biished with five Justices. There
are enough Supreme Court Justices In
the Brooklyn department. The calen-
dars are In good shape there. In
Brooklyn the equity calendar Is about
clear and the other calendars about a
year behind. This delay perhaps should
not he lessened. because II frequently
brings about agreement between the par
ties.
There should not he allowed so many
appeals to tho Appellate Division In
preliminary motions. SO many exemp-
tons from jury duty should not be- per
mitted. as the one weakness OF our Jury
system comes because competent men
shirk jury duty.
IL would favor a person accused OF
crime being permitted to waive trial by
jury except In capital cases and ! also
think more protection should he thrown
around the defendant in crimina cases
where the court d~esignates untried at
torneys TO defend him.