The New York herald., 1922-06-25
ACTIVE RENTING
IN AID 81. ZONE
Most of Large New Buildings
Recently Erected Already
Well Rented.
BY WILLIAM b. ELLISON
OF the Nep York Bar.s


OF the Ne1 York Bare
The recent provision made by the Real
Estate Board for a committee on arbi-
tration by which business disputes AMI
differences may be adjusted has appar-
emily met with quite general approval
from the great commercial interests of
the community.
The popularity of the proposition evil
dences some dissatisfaction with our
courts 1t is generally claimed that
final determination of a business differ
ence may be reached by the COMMITTEES
on arbitration in much less time than
trial can be had at law. 1t is also con-
tended that proceeding under arbitra-
ton is much less expensive than under
litigation. And beyond all this thers
seems to be a-feeling that the commit
tee on arbitration Is infinitely better
fitted for the decision of commercial
questions than Is either a judge or
jury.
There Is not much general criticism
Of our judges by Intelligent people.
Those who know them best fully apprc.
that are placed upon them. 1t is gener-
ally accepted by those who are In
position to know that our judges work
hard and do their best fairly and equta-
bly, to dispose of the business that comes
before them. 1t is rare indeed--as rare,
at least, as In any other country on
earth--that we hear charge made
against the integrity of member OF
our bench. 1t may be that the judiciary
L. l.. ~ all 80 ls,t,V mol
parties, and 1t may we'll be that many
OF the nominations or appointments 10
these high places are the rewards for
political fidelity or political favor, yet
time and experience have proved the
fact to be that upon their election "'
appointment our judges have, almos-
without exception. rendered honorable
and valuable services to the people.
Proportion of Rcversals Small.
Sometimes one hears considerable
about the number of reversals ordered
by our appellate courts. but when the
question comes to a careful and FAR
analysis there Is found to be but little
in the criticism referred to. The propor-
ton of reversals to the whole numb ,r
of cases tried Is not large. The number
OF reversals, as compared with the cases
appealed may be considerable, but that
proves but little. One thing, however. 1t
does prove, and that is that mistakes
made at the trial--and mistakes have
been and always will be made in the
haste of trial--may be readily cor
rected on appeal and finally justice given
t6 the party entitled thereto. The fire.
quent reversals referred to further ev'-
dence the careful review made by our
appellate courts and upon the whole Is
approbative of our judicial system.
There is. however, growing feeling
that the provisions relating to trial By
jury require some considerable revision.
and that seems particularly so in regari
to business or commercial disputes.
There was a time when our Jurors were
selected with much greater care ami
discrimination than at present. Theu
no such large elements OF our people
were exempted from jury duty as now.
Furthermore, our population was not as
mixed in it's elements and qualifications
as at present. 1t was then much easier
to get jury OF twelve men quite well
equipped to try even a complicated
business or commercial dispute. We
have. however, by statute exempted
large numbers OF our people who would
be particularly we'll fitted for jury duty.
and influences, political or otherwise, IL
is said. in effect exempt many others.
The result has not been beneficial to tne
system. In addition to the conditions
lust referred to 1t is claimed that the
comparatively recent Increase in ehs
compensation paid to jurors has led not
an inconsiderable number of people IN
this city to seek jury duty, somewhat In
the light of vocation.
Uistrust of Jury system Growing.
But whatever the cause may be, the
fact remains that among business peo-
pie there is a growing distrust or the
fury system as 1t now stands, In so far.
at least, as the same is applied to the
trials of commercial disputes And
certain 1t Is, that many or our great
business institutions look hopefully 10
the plan of arbitration created by the
Real Estate Board under which their
differences may be submitted to arbi-
tration.
One hears constantly expressions or
dissatisfaction at the results of jury
trials in commercial cases and there.
has grown up among business people
a willingness to settle their disputes out
OF court on most any terms. rather than
have them submitted to a jury, under
the present system OF selection. This
Is not as 1t ought to be and evidences a
popular distrust in commercial circles,
whether we'll or Ill founded. that seri-
ously affects the general confidence I'm
our administration of justice.
There is. no doubt. much to be said
for the retention Of the jury system on
the criminal side of our courts. Per.
haps in the assessment OF damages aris-
Ing out of torts, there, likewise, may be
much to be said in its favor. But. so
far as the ordinary commercial dispute
or difference is concerned. there are
has outlived its usefulness.
many who believe that the jury system