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THE ALBANY LAW JOURNAL:

A WEEKLY RECORD OF THE LAW AND THE LAWYERS.

The Albany Law Journal.

ALBANY, JANUARY 5, 1895.

Current Topics.

[All communications intended for the Editor should be addressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions, or other

One of the most important duties Governor Morton has had occasion to discharge at the commencement of his term of office is the selection of a competent legal adviser as a successor of Professor Collin, who acted in that capacity during the incumbency of Governor Hill and Governor Flower. Professor Collin was not only admirably adapted to the position 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.]

WE

E publish the programme of the New York State Bar Association for the annual meeting to be held on the 15th inst. The features of the meeting, aside from interesting papers on current topics, will doubtless be the address of Judge John F. Dillon on "Property, its rights and duties in our legal and social systems" and the discussion of the topics which have a prominent place on the programme, namely, "What legislation is necessary to carry out the provisions of the new Judiciary Article" and "Should the Code of Civil Procedure be revised, condensed and simplified." Judge Dillon's reputation as a lawyer, as a writer on legal topics and a speaker upon matters relative to the legal profession is such as to give every reason to anticipate a most thorough and able presentation of the subject he has chosen. The changes made in the organization of the courts by the new Judiciary Article are so extensive as to call for very careful legislation in order to adapt procedure to the new condition of affairs, and while so much interest has been manifested in the question of code revision as to indicate that there will be a very large attendance of those interested in this question, both these topics are timely and indicate a disposition on the part of the association to deal with live questions which are not only of interest to the bar but the discussion of which will result in practical benefit by way of necessary legislation. VOL. 51 No. 1.

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acquired knowledge with regard to the statute law of the State which enabled him very readily to determine the bearing of a statute submitted to him for examination. The governor, in the selection of Mr. Charles Z. Lincoln, of Cattaraugus, has evidently appreciated the importance of the position, and has made the selection with very great care, doubtless upon the recommendation of very many of Mr. Lincoln's associates in the Constitutional Convention where he made a most admirable impression as an able and clear-headed lawyer. Mr. Lincoln brings to the position a most excellent reputation as a man of high standing in his profession and has the qualities which with added experience will doubtless enable him to discharge the duties of the position in a most satisfactory

manner.

In connection with the selection of a legal adviser, Governor Morton has appointed Mr. Lincoln a member of the Statutory Revision Commission. This is a position second in importance to none in the State. As was recently noted in these columns, the work of the commission is of a most delicate nature, and requires not only ability of high order, but care and experience in the drafting of statutes. Governor Morton holds the resignations of Messrs. Linson and Magone, the other members of the commission, and will doubtless at an early day fill their places. It is to be hoped that more

than ordinary care will be taken in the selection been retired because he has reached the age

of men thoroughly qualified for this important position. In addition to their duties in drafting statutes, they are called upon during a session of the Legislature to draft and revise statutes for members before introduction in either house as well as to examine bills after they have been introduced. Their duties and responsibilities have become greater every year during the existence of the commission, and provision should be made by the Legislature by which they may be compensated to such an extent as will enable the governor to select two of the most able lawyers in the State to carry on this work.

Governor Morton calls special attention in his message to the Legislature to the necessity of enacting laws so as to conform the statute law of the State to the revised Constitution which is now in force. In view of the many changes that must be made, it is important that the Legislature should give their earliest attention to the matters which are recommended by the governor and to such other changes in the statute law of the State as to them may seem proper and necessary. It is of great interest to many who have taken such intense interest in the changes made in the Constitution in relation to the courts, that the practical advance which was contemplated when the Constitution was adopted, should receive the hearty support and co-operation of the legislative and executive branches of the State government. We also desire to call the attention of Governor Morton and the Legislature to the fact that it is possible to call into service those justices of the Supreme Court who have retired because of the age limit and that these judicial officers should perform duties not only to do justice to the State which is paying them for services which are not rendered, but also to relieve the delay in litigation which exists in many counties in the State because of the small number of terms and the shortness of their duration, in which civil causes may be tried and completed. In this county the calender is crowded with cases which the attorneys are anxious to try and which they are prevented from doing by the causes already suggested, as much, perhaps, as by the uncertainty as to when the case will be reached. Any justice of the Supreme Court who has

limit, and who is competent to serve, should not refuse or show any disinclination to perform all the services he can for the State and for its interests. In the past there has been an excuse that there was not sufficient judicial force to meet the demands of litigation. But this has been obviated, and it only remains for the Legislature to enact laws to make the constitutional provisions provided. Governor Morton has always been recognized as a practical business man, who has been most successful in his business relations, and we trust that after his attention has been called to the difficulties which at present exist in many parts of the State, that he will recommend additional changes and insist that they shall be enacted. In his message to the Legislature, Governor Morton says, in regard to the changes made necessary by the new Constitution:

"The principal matters in respect of which the amendments to the Constitution impose an immediate duty upon the Legislature seem to me to be the following:

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1. The new Judiciary Article (Article VI) requires the Legislature to divide the State into four judicial four judicial departments, in each one of which is to sit a branch of the new appellate division of the Supreme Court. The abolition of the criminal courts of Oyer and Terminer and Courts of Sessions, and of the civil Circuit Courts and of the Court of Common Pleas and the Superior Court in New York, the City Court of Brooklyn, and the Superior Court of Buffalo require a careful revision and modification of the great number of statutes, so as to adapt them to the new system. This is particularly important in regard to criminal jurisdiction. The transfer of the jurisdiction of the nine existing General Terms to the new appellate division, and the changes in the jurisdiction of the Court of Appeals and of the right of appeal to that court, require extensive changes in the statutes upon those subjects. In order to take over the business of these Superior City Courts, with their numerous clerks, offices and records, legislation will be necessary to enable the county clerks of the respective counties to undertake and carry on the business. The records of the Court of Common Pleas extend over a period of about 200 years, and are of great importance

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