New-York tribune., 1920-11-29
Appellate Court
Is Said TO Curb
Judges Powers
Ford Charges Discrinina-
ton in Making Assign
ments TO Divisions Where
Patronage Is Dispensed
Wants the Law Repealed
Covernor-Elecs Miller Told
Supreme Justices Are Re-
duced TO Mere Trial Clerks

Miller in which he charged that JUS
tices of the Appellate Division of the
ist Department practiced discrimina-
tion in making assignments of justices
to terms of court where patronage was
dispensed.
Justice Ford. who was reelected to a
second term Of fourteen years at the
iast election, urges Governorelecr
Miller to incorporate in his annual
MESSAGE to the Legislature a recon-
mendation ti*at the second paragraph
of Section 81 Of the judiciary law,
which gives the se9en members of the
Appellate Division power to make the
ass gnmen's be rcpea ed.
Justice Ford holds that this section
of the law is unconstitutional and that
the repeal of 1t would permit the Su-
preme Court justices OF the lst De-
partmcnt, which includes Manhattan
and the Bronx, to divide the work up
among themselves, az is done IN the
other judicial departments Of the state.
Where PATRONAGE Is Dispensed
Justice Ford has appended table
showing the assignments Of the last
fourteen years, in which time he
charges he, along with q number of
other Justices has been Disseminated
against. Some justices. his table
shows. have been assigned to the spe-
cial terms an average o. ten and eleven
woo'e n voar while his average, If
evenly divided, would be slightly in
-. , oi Ilse weeks year Justice
Ford has sat but thirty-two weeks in
the special terms, or an average OF
little more than two weeks year.
+Daco Of tha NAT
ronage at the disposal of the Supreme
Court is dispensed, referees, recciV-
ers, trustees, guardians and commits
sioners are appointed Here litigants
apply for injunctions attachments, or
ders of arrest. new trials, dismissal Of
indictments. wri's Of habeas corpus and
numerous other forms of rcief.
The exclusion Of some justices from
these important parts, Justice Ford
declared, had reduced Che justices in
question to mere trial masters and
clerks.
Wants Procedure Changed
"Your power and influence" wrote Jus
[ ce Ford to GoVernor-elect Miller, "can
cure the abuses to which have called
attention and to do so would be to
serve the commonwealth signally ard
fundamentally by restoring in large
treasure he Supreme Court and its
justices in the First Department to that
status of independence and untram-
r:eled freedom OF action which the con-
stitution cuntemplates."
In his letter, Justice Ford declares
that while there rs no established pro-
cedure fo~ testing She constitutionality
Of the ror-ior of the law under which
the assign ents are placed in the hands
# tAc appellate Division. he is conf
dent that { way viii be found ITO test
heir righ. t. brand justices az unfit
Tor their Office"
Justice Fords Letter
Justice Ford's letter to Governor
elect Miller in part follows:
During the fourteen years of my
service upon the bench the seven JUS
tees of the Appellate Division OF this
department have prevented justices Of
The Supreme Court from fully excrcis-
ing the functions of their office, as
shown by tho annexed tabulation and
analysis.
"This they have done in contravcn-
tion OF the Constitution, In my opinion.
In this view | am confirmed by the
practical construction placed upon the
Constitution Of the three other Appel
late divisions, who have never pre-
sumed to pass upon the qualifications
Court or to exclude them from any
work of the court as is the practice of
the. Appellate Division justices of the
First Department.
Fartisanship Is Charged
"From the ta5ulation it is evident
either that these seven justices are
actuated by personal motives or that
they assume the right to determine the
iitness OF other justices to discharge
the duties of the office to which the
peoDle have elected them.
"ln the broadest and most unquali-
fed terms tie jurisdc >ion of the
Supreme Court has been declared and
confirmed by successive constitutions
from the beginning OF the state govern
mcnt.
"Authority TO curtail the powers sc
given, to be effective, must be con
ferred by the constitution IN LANGUAGE
clear and explicit
"Fhe power conferred by the con
stitution upon the justices of the ap-
peliate division to fix the times arc
places for holding special terms and t,
assign the justices to hold such terms
surely is not sufficient to warrant TIE
exclusion Of any justice from perform
ing any of the work of the Suprem
Court.
Excluded From Big Work
"You will observe from the tabula
tlon in what large measure the JUS
tlces Of the appellate division have ex
Guided some justices from the mos
important and desirable equity part.
of the court They have indeed re
Of them almost to tn,
status Of mere nisi prius justices. II
ti.N.~ Ntle warrant IN the constitution
Tor thus stripping justices Of the mos
important functions of their office il
Is but short step further for them
to refuse to assign a justice to any OF
the work OF the court and thus dives,
him of all his prerogatives as q Justice
OF the Supreme Court
'Be 1t remembered that these sever
men who presume to thus degrade ius-
ticss were themselves elected mereh
as justices Of the same rank. And
three of them were not even so electec
by the people OF this judicial district -
carpet baggers' they would be calleC
if they held any other Office.
Personal Issues Involved
"The power to reward and punish
trial justices which the Appellate Di
vision justices arrogate to themselves
is Incompatible either with integrity
or independence and savors rather OF
Oriental despotism than American
democracy.
"But there arc also vital personal
considerations involved These seven
men know that the bench and bar and
others who are az ell conversant with