The New York herald., 1922-02-12
TOO MANY BUREAUS
FOUND MAKINGLAWS
Judicial Convention Would
Restrict Power of De-
cisiOn to Courts.
REPORT NEARLY READY
New York City Benches Re-
arranged to Help Legal
Procedure.
JUDGES WANT MORE PAY
Public Service Commission
May BE Shorn of Right to
Determine Rates.
BY wM. McMURTRIE spEER.


Substantial changes in the judiciary
article of the State Constitution are
proposed in the report Of the Judiciary
Constitutional Convention. This con-
vention was created by the Legisla-
rure last year. 1t consists of a Judge
chosen by the Court of Appeals, a
member of each of the four Appellate
Divisions, a Justice from each of the
nine judicial districts, the Attorney
General of the State, three State SEN
ators, three Assemblymen and nine
lawyers appointed by the Governor.
The convention was organized last
May in Albany with Judge Pound of
the Court of Appeals as chairman and
Attorney General Newton as vice.
chairman. It's report is now submitted
TO the Legislature. If two Legisla-
lures approve it will then be SUBJ
mitted to popular vote.
The changes are many. Their ten
dency is to solidify the judicial sys-
pay Of the judiciary.
Judicial Power Only in Courts
The proposed judiciary article begins
with n new section providing that "the
judicial power of the State shall be
vested in the courts" This provision is
wholly new The present State Consti-
tuition provides that "the legislative
power OF this State shall be vested in
the Senate and the Assembly" and that
".he executive power shall be vested in
a Governor" but the Constitution has
hitherto contained no provision that the
judicial power shall be vested only in
the courts.
The Importance of this is that it de-
prives the Public Service Commission
and all other State boards and COM
missions of judicial powers. No reduc-
tlcn of railroad rates or traction fares
or telephone or light or other public
service can be made without a judicial
determination by court established
under the judiciary article, which in
practice would mean the Supreme Court
and the Court of Appeals
1t is intended that the Legislature
shall not have the power to delegate to
any administrative body, such as the
Public Service Commission unlimited
and uncomfortable power and discre-
tion which might perhaps be unfortu-
nateiy held to be the case to-day in the
State OF New York because of the alb
sencs OF the necessary constitutional
Limitation. separating the judicial power
from the executive" to quote from the
report OF this Judiciary Constitution
Convention. This report says:
TOO Many Administrations.
"In the Tinted States there are every
Whara hpfnr- davaIOnad NJ
in the most intensive fashion a multi
tudinouS bureaucracy with autocratic
powers and arbitrary discretion and a
vast system of complicated and
often conflicting administrative Juris-
dictlons in relation to property and
businesses and personal conduct. which
reach and affect almost every individual
and most OF which only few years ago
would have been regarded as of strictly
private concern and not to be tolerated
by a free people.
Extensive legislative. executive and
judicial powers are being vested and
combined In administrative bodies in
distinct and reckless disregard of the
sound principle OF the separation of
governmental powers which was deemed
so essential to the due protection OF
individual rights by the wise founders
OF our republican form of State govern
ments.
Even controvcrted questions of law
and fact, heretofore regarded as funda-
mentally and exclusively for judicial
determination, are being intrusted to bu-
reaucreti tic discretion, and for orderly
judicial procedure as known to our
fathers and the cop;petent and impartial
Interpretation ard enforcement of the
laws by learner judges ard Inn artial
juriea arbitrary methods and unframed
judgment arc being constantly substi-
tuted''
If this amendment or the State Con-
stitutson u adopted II wcu'd restrict the
power OF both Public Ser fee Commits
sions and other semLs administrative bod
les and also of the Legislature.
Amendments to He Limited.
further restriction or the rowor of
the Legislature is the proposed provi-
sion In Section II that uhe Legislature
shall not amend the civic practice act
unless tho majority of the 'pdges of the
Court of Appeals and tho majority OF
the Justices of the Appellate divisions
shall approve the change OF unless sue
cessive Legislatures adopt the proposed
amendment, after a publication thereof
to the people of the State.
One object of these two provisions Is
to reduce the amount of legislation.
In the past six years the LeglsliNure
has enacted 4.452 statutes. an average
of 742 a year, besides 81 concurrent
resolutions. To print these now laws
requires more than two thousand printed
pages n year. As the judiciary rel ort
puts Il, the Legislature has had T. dis
pose NJ each session, in three or four
fnorths. of fully one hundred times as
much matter in volume as the present
convention has covered J eight months
OF intensive study"
The members of the judiciary Conven-
tlon argue that "the great increase In
population and the multiplication of gov
ernmental duties and functions reason
ably call for more and more specific
limitations or regulations for the pro-
taction CT individual rights"
With these restrictions to the power
OF the Legislature and of Public Service
Commissions and other bodies there Is
an increase of the power OF the Judici-
airy. and IL is also proposed TO increase
the pay OF the judges and to give the
judges of the Court of Appeals and of
the Supreme Court what would amount
to life jobs by the constitutional creation
OF state and local referees"
The present State constitution fixes
the salary Of the Justices OF the Supreme