The New York herald., 1922-01-05
Abolishing of CountyCourts
to Centralize City Juris-
dictiOn Urged.
ELECTIVE PLAN UPHELD
Right Of Legislature to Con-
vene Itself Recommended
by Exhaustive Report.

Special Dispatch to THE New York HERALD
New York Herald Bureau,
Albany, Jan. 4.
Reforms in the judicial system Of
the State were recommended to-day in
the report made by the Judiciary Con-
stitutional Convention at the opening
session of the Legislature after an
exhaustive study Of the subject cover
ing a period Of six months and which
Included number Of public hearings
In New York.
The convention was composed Of
thirty members. including four JUS
tices Of the Appellate Division, nine
Justices Of the Supreme Court, three
State Senators. three members Of the
Assembly. one Justice Of the Court OF
Appeals and a distinguished group OF
lawyers appointed by Gov. Miller to
represent the nine judicial districts OF
the State. Judge Cuthbert W. Pound
Of the Court of Appeals was chairman
and Attorney-G General Newton was
vice-chairman.
Amendment Suggested.
An amendment to the State Constitu.
ton expressly declaring that the judicial
powers of the State are to be vested in
the courts is earnestly requested in the
Conventions report because Of the
tendency which Is said to have grown
up to transfer the power Of the courts
to semi-judicial bodies such as commits
sions. administrative bureaus and other
executive bodies. Such a policy is de-
plored by the convention, not only be-
cause 1t increases governmental inter.
ference in private affairs but because II
is regarded also as "a menace to our
ideas OF due and fair administration OF
justice" owing to the partisan opinions
Of these bodies. W
1.-THE time has come" the report
State should be expressly vested in the
courts. even IL II rs not now implicitly
so vested, as has been urged In several
quarters The due protection Of per.
sonal and property rights demands such
{. provision. OF, the political phenomena
or our times. perhaps none is more
striking than the constant extension of
the functions of government. with the
consequent multiplication Of public Off
CiiiS anu VI. tuttTIeTtUCc WIN the con-
duct of private individuals"
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 gov.
ernmental powers. which was deemed So
essential to the due protection of indi-
vidual rights by the wise founders OF
our republican form of State Govern
ment"
The people of the State will be acting
advisedly. the convention believes, If
they do not consent to leave absolute
and unreviewable judicial power to un-
trained officials frequently utterly
ignorant of the most elementary princi.
pies of Justice"
AT the outset the convention rejected
the suggestion so often put forward of
an appointive instead of an elective
judiciary. pointing out that while theo-
retically the Governor might be better
qualified to select able candidates than
large electorate results generally
throughout the State have proven that
the law has been administered by capa-
BILE and impartial judges.
While changes are recommended and
urged. the convention indorses generally
the judiciary system of the State and
assures the Legislature that only those