302
THE GREEN BAG
tions upon its increase by the legislature; cases, and Commissioners in condemnation third, the arrangement of the judicial force, proceedings; such Commissioners also to which has resulted in strengthening the perform the important function of presiding appellate branch of the court at the expense at jury trials; eighth, the diversion of cases of the trial branches; fourth, defective meth involving small amounts from the Supreme ods of procedure; fifth, the practice which Court in New York and Kings County into has grown up as the result of the congested the City Court, a local court of limited ju condition of the calendars of interposing risdiction, as well as into the County Court sham defenses to secure a delay which is of Kings County and the Municipal Courts, often equivalent to victory; sixth, an in by providing that no costs shall be recov competent and costly referee system; seventh, ered in actions brought in the Supreme defective calendar practice and the failure Court of which the inferior courts have juris to classify cases for the purpose of trial; diction, if the judgment recovered is below eighth, multiplicity of appeals; ninth, the a certain amount; ninth, the keeping and failure to keep and publish annually judicial publication of the judicial statistics of the statistics by means of which the people state of New York; tenth, the prohibition could be definitely informed as to the con under severe penalties of the payment of dition of their courts; tenth, the aggressions any sum of money by a person who is a of politicians upon the courts and the bale candidate for a judicial office, either in ad ful practice of political contributions by vance of his nomination, or thereafter. In summing the whole matter up, it may be judicial candidates which tend to deteriorate said in a general way that the most notice the quality of the Bench. The remedies which this Commission pro able defect in the judicial system in force in posed for the relief of the New York Judicial the city of New York is that it is antiquated, System both by legislation and constitu and not suited to the requirements of the tional amendment related, first, to the in modern business and industrial life of a crease of the judicial force; second, to a great city whose courts are called upon to direct appeal from the trial courts, on determine not only controversies arising questions of law purely, to the Court of Ap within the limits of such city, but which peals, the court of last resort of this state; grow out of business operations carried on third, the adoption of the practice prevail in all parts of the country which focus in ing in the English High Court of Justice New York as the great business clearing known as the "Summons for Direction;" house of the nation. The increase in the fourth, the adoption of the practice prevail volume of business throughout the country ing in the English Court known as "Order tends at once, and inevitably, to multiply xiv;" fifth, more scientific classification of the number of controversies and litigations cases for purposes of trial; seventh, the cre which find their way into the courts of the ation of a body of Supreme Court Commis city for adjustment, and if such business is sioners in counties having a population of to be handled by the courts, the state must upwards of 500,000 to be appointed by the not only provide adequate judicial force to . Appellate Divisions of the District in which handle the business with expedition, but such county is situated, such Commissioners methods of procedure which work for effi to be salaried officials and to have all the ciency and despatch; and must at the same functions of English masters in hearing ap time see to it that justice is administered plication for direction and motions on sham cheaply as well as expeditiously. The serious ground of complaint against defenses, also to constitute a permanent body of standing referees from whom the the courts in New York City is that they judges should appoint referees in particular are no longer able to administer that justice
