The New York herald., 1921-06-22

ment IL all the Justices were given their
proper share of work in this branch OF
the judicial field. In these Special Term
parts. as he points out. "the PATRONAGE
of the courts is ispensed-referees, re-
ceivers. trustees, guardians and con-
missioners appointed" Injunction suits,
motions on appeal. writs of habeas, at
tachments and all the other varieties OF
law and equity litigation are heard by
the Justices sitting in Special Term.
Justie Ford's work. confined arbi-
trarily and almost exclusively, as he
maintains, TO Trial Term, has been de-
voted necessarily to the trial of tort
and contract cases. where there is no
patronage and little opportunity for the
demonstration of the Justices study
OF the law and knowledge of its tradt-
tons precedents and subtleties.
BY the showing in his tables Justice
Ford has had by far the largest num-
ber of Trial Term and the least number
OF Special Term assignments among his
brothers on the bench during the four
teen years until January / last, except
ing the late Justice Dugro, who ex-
pressly requested that he be assigned
cnly TO Trial Term.
When Justice Ford wrote to Gov.
Miller in November last. the Governor
took no official action. but the Appellate
Division in December surprised Justice
Ford by giving him eight weeks assign
ment TO Special Term. for the present
year and only seven weeks to Trial
Term, total of fifteen weeks, which / !,
about the average number for which a
Justice is assigned for the full year.
he'll salary is sl7 500 a year.
His Dignity Anronted.
1t was thought that this would satisfy
-
the subject" OF the alleged discrimina-
ton against him. But far from it. In
letter to Gov. Miller in January asking
that Justice Page be not redesignated
10 the Appellate Division he brought Up
the whole subject again and accused the
Appellate Court of having attempted to
make itself practically ''self-perpetuat-
ing body" At the same time he took
a heavy fling at the Judiciary Committee
of the Bar Association, which had criti-
cised him strongly for his protest to
Gov. Miller.
| In November Justice Ford was doubt
| full about the possibility OF bringing
| an action to have a legal determination
OF the questions involved. but he has
since resolved those doubts and the ac-
ton begun yesterday is the result. Ir
| 1t he attacks the constitutionality of Sec
|
as it refers to the Appellate Division
of the First Department This sectior
provides that in all departments except
the First the Appellate Division may
designate and fix the assignments O.
! Supreme Court Justices for Trial and
| Special Terms. A para graph relating
to the First Department provides tha
| the Appellate Division justices her,
| shall make the assignments of botl
| Trial and Special Terms.
This. Justice Ford complains, is un-
constitutional as contravening Sector
2, Article 6 of the State Constitution
which provides that the Appellate Di
vision may designate the assignments
for Special Term only. In all the de.
partments but this. it has been tho
practice for the Appellate Divisions tt
leave to the Justices themselves the
division of the work. Complaining tha
the defendant Justices. in the "asser
| ton of their unqualified discretion anC
in abuse of any discretion lawfully
vested In them" have Disseminated
! against him unlawfully. Justice Fore
says that they have lin effect pre-
vented him from fully performing tn,
functions OF his office, and have with
held from him the opportunity to full,
enjoy the advantages. the honor ant
the dignity of his position as Justic,
OF the Supreme Court
Such discrimination. he contends, ha!
damaged him I'm his reputation ant
| standing as lawyer and jurist 'bS
! holding him out to the bench. the ba
and the public as lacking in fitness Il
perform the duties of his office"