The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-11-29
Justice Writes to Governor
Elect Miller Asking
Change in Law.
PLUMS FOR FAVORITES
Certain Judges Get Receiv-
ership and Referee Cases,
He Points Out.
SEES SLUR TO OTHERS
Asserts That Appellate Divis-
ion Uses Power to Decide
Fitness of Colleagues.
PLUMS FOR FAVORITES
SEES SLUR TO OTHERS

FITNESS or COllea9ueS.
Justice John Ford of the Su.
rene Court sent a letter IT, Gov. .-elect
Nathan L. Miller yesterday charging
hat the Justices of the Appellate Di.
'ision of this department are abusing
+ ir powers in the selection of Jus.
ICES to sit In the Special Terms
yhere complicated legal problems arc
hreshed out and where appointments
T receivers and referees are made
ustice Ford, who has been on the
ench fourteen years and who recent
y. was reelected in spite of the fact
at his candidacy was not indorsed
4 the Bar Association, urged Mr.
ller to ask the Legislature to pass
amendment to the judiciary laws
Itch would curtail the powers of the
'pellate Division.
sles showing how, as he alleges
,tain Justices are assigned to the
, ecial Term four and five times as
I EN- as others, and that in fourteen
hrs he has served but thirty-two
eks in those parts of the Supreme
urt. On the other hand, he de-
, res, Justice Giegerich has served
weeks In Special Terms in New
TX county I'm fourteen years, and
,tices Newhurger and Greenbaum
and fI3 weeks, respectively.
Justice Ford makes II appear that
&c designations are greatly to be
eted for various reasons. and says :
,e power 10 reward and punish trial
nices, which tho Appellate Division
tices arrogate 20 themselves. is in
,patible either with integrity or in
endence and sayors rather, of
ental despotism than American
kocracy."
objects to "Carpet
lis letter also calls attention to the
that three of the Justices who
ke these designations were not elected
office by the voters of this Judicial
rict. but We're designated to serve
f, B from courts up State. These JUS
are Frank c. Laughlin, Walter
/, I'd Smith and Edgar $. x. Merrell,
!. rpetbaggers, they woulds be called
, hey held any other office" Justice
wrote.
, rhe designation of the three up
te Justices" he adds, carries an in
.se In yearly compensation of $1,000
each, besides other valuable per-
iites, all at the expense of the tax
: srs of. Manhattan and The Bronx.
I. iith one accord the Supreme Court
n s,es of this county who could be
II I'd refused to comment for quo
q y upon Justice Fords letter. al
Agh several expressed surprise that
Syyhould make such an attack. John
,tor Clarke. presiding Justice of the
I ellate Division for the First judicial
Artment, said to a representative of
\ I NEW YORK HERALD: "It would be
roper for me TO discuss a matter of
kind for publication. Justice Miller.
3 virtue of his own experience on the
il, is very we'll qualified to decide
questions involved. In making the
|. vnments OF Justices to sit in the
: ial Terms the Justices of the APP
: ite Division have been acting under
authority vested in them by the
!. titution of the State of New York"
isttfe Samuel Greenbaum. who re-
iy succeeded the late Justice Phil
! on the Appellate Division bench,
The suggestion that the Appellate
sion has played favorites in as
Ing Justices is uDthinkable. 1t is
Unpleasant subject to discuss. and
.er to make no comment"