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Sioux City Nursery & Seed Co. v. Magnes.
THE ALBANY LAW JOURNAL:
A WEEKLY RECORD OF THE LAW AND THE LAWYERS.
One of the most important duties Governor The Albany Law Journal.
Morton has had occasion to discharge at the
commencement of his term of office is the ALBANY, JANUARY 5, 1895.
selection of a competent legal adviser as a suc
cessor of Professor Collin, who acted in that Current Lopics.
capacity during the incumbency of Governor
Hill and Governor Flower. Professor Collin (All communications intended for the Editor should be ad
was not only admirably adapted to the position dressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions, or other as a man and a lawyer, but had during the long business matters, should be addressed to THE ALBANY LAW period which he had served in that capacity JOURNAL COMPANY.]
acquired knowledge with regard to the statute JE publish the programme of the New law of the State which enabled him very readily
York State Bar Association for the to determine the bearing of a statute submitted nual meeting to be held on the 15th inst. The to him for examination. The governor, in the features of the meeting, aside from interesting selection of Mr. Charles Z. Lincoln, of Cattapapers on current topics, will doubtless be the raugus, has evidently appreciated the importaddress of Judge John F. Dillon on “Property, ance of the position, and has made the selection its rights and duties in our legal and social sys- with very great care, doubtless upon the recomtems” and the discussion of the topics which mendation of very many of Mr. Lincoln's assohave a prominent place on the programme, ciates in the Constitutional Convention where namely, “What legislation is necessary to carry he made a most admirable impression as an out the provisions of the new Judiciary Article” able and clear-headed lawyer. Mr. Lincoln and “Should the Code of Civil Procedure be brings to the position a most excellent reputarevised, condensed and simplified.” Judge tion as a man of high standing in his profession Dillon's reputation as a lawyer, as a writer on and has the qualities which with added expelegal topics and a speaker upon matters relative rience will doubtless enable him to discharge the to the legal profession is such as to give every duties of the position in a most satisfactory reason to anticipate a most thorough and able presentation of the subject he has chosen. The changes made in the organization of the courts In connection with the selection of a legal by the new Judiciary Article are so extensive adviser, Governor Morton has appointed Mr. as to call for very careful legislation in order to Lincoln a member of the Statutory Revision adapt procedure to the new condition of affairs, Commission. This is a position second in imand while so much interest has been manifested portance to none in the State. As was recently in the question of code revision as to indicate noted in these columns, the work of the comthat there will be a very large attendance of mission is of a most delicate nature, and requires those interested in this question, both these not only ability of high order, but care and extopics are timely and indicate a disposition on perience in the drafting of statutes. Governor the part of the association to deal with live | Morton holds the resignations of Messrs. Linquestions which are not only of interest to the son and Magone, the other members of the bar but the discussion of which will result in commission, and will doubtless at an early day practical benefit by way of necessary legislation. 'fill their places. It is to be hoped that more
Vol. 51 – No. 1.,
than ordinary care will be taken in the selection been retired because he has reached the age of men thoroughly qualified for this important limit, and who is competent to serve, should position. In addition to their duties in draft- not refuse or show any disinclination to pering statutes, they are called upon during a ses- form all the services he can for the State and sion of the Legislature to draft and revise stat- for its interests. In the past there has been an utes for members before introduction in either
excuse that there was not sufficient judicial house as well as to examine bills after they have force to meet the demands of litigation. But been introduced. Their duties and responsi- this has been obviated, and it only remains for bilities have become greater every year during the Legislature to enact laws to make the conthe existence of the commission, and provision stitutional provisions provided.
Governor should be made by the Legislature by which Morton has always been recognized as a practhey may be compensated to such an extent as tical business man, who has been most successwill enable the governor to select two of the ful in his business relations, and we trust that most able lawyers in the State to carry on this after his attention has been called to the diffiwork.
culties which at present exist in many parts of
the State, that he will recommend additional Governor Morton calls special attention in
changes and insist that they shall be enacted. his message to the Legislature to the necessity In his message to the Legislature, Governor of enacting laws so as to conform the statute
Morton says, in regard to the changes made law of the State to the revised Constitution
necessary by the new Constitution: which is now in force. In view of the many changes that must be made, it is important that
“ The principal matters in respect of which the Legislature should give their earliest atten- the amendments to the Constitution impose an tion to the matters which are recommended by
immediate duty upon the Legislature seem to
me to be the following: the governor and to such other changes in the statute law of the State as to them may seem
"1. The new Judiciary Article (Article VI) proper and necessary.
It is of great interest to requires the Legislature to divide the State into many who have taken such intense interest in four judicial departments, in each one of the changes made in the Constitution in relation which is to sit a branch of the new appellate to the courts, that the practical advance which division of the Supreme Court. The abolition was contemplated when the Constitution was of the criminal courts of Oyer and Terminer adopted, should receive the hearty support and and Courts of Sessions, and of the civil Circuit co-operation of the legislative and executive Courts and of the Court of Common Pleas and branches of the State government. We also the Superior Court in New York, the City Court desire to call the attention of Governor Morton of Brooklyn, and the Superior Court of Buffalo and the Legislature to the fact that it is possible require a careful revision and modification of to call into service those justices of the Supreme the great number of statutes, so as to adapt Court who have retired because of the age limit them to the new system. This is particularly and that these judicial officers should perform important in regard to criminal jurisdiction. duties not only to do justice to the State which The transfer of the jurisdiction of the nine exis paying them for services which are not ren- isting General Terms to the new appellate didered, but also to relieve the delay in litigation vision, and the changes in the jurisdiction of which exists in many counties in the State be- the Court of Appeals and of the right of appeal cause of the small number of terms and the to that court, require extensive changes in the shortness of their duration, in which civil causes statutes upon those subjects. In order to take may be tried and completed. In this county over the business of these Superior City Courts, the calender is crowded with cases which the with their numerous clerks, offices and records, attorneys are anxious to try and which they are legislation will be necessary to enable the county prevented from doing by the causes already clerks of the respective counties to undertake suggested, as much, perhaps, as by the uncer- and carry on the business. The records of the tainty as to when the case will be reached. Court of Common Pleas extend over a period of Any justice of the Supreme Court who has about 200 years, and are of great importance