I  do  not  see,  Mr.  Chairman,  how  the  business  of  the  court  will
be  interfered  with  at  all.  It  seems  to  me  that  if  will  be  better  done.
We  have  a  great  many  cases  decided  by  the  Court  of  Appeals
where  the  decision  runs  four  to  three,  great  and  important  cases.
REVISED  RECORD.  [Tuesday,

Gentlemen  will  probably  remember  the  case  in  which  first  the  ques-
tion of  damages  to  be  awarded  to  property  owners  in  the  city  of
New  York  by  the  taking  of  easements  and  interfering  with  ease-
ments by  the  elevated  road,  came  up,  and  the  court  had  to  wait  until
Judge  Tracy  was  taken  into  it,  and  he  actually  made  the  decision
of  the  Court  of  Appeals  upon  that  important  question.  The  ques-
tion of  the  decision  on  the  will  of  Mr.  Tilden  was  disposed  of  by  a
court  which  divided  four  to  three.  I  think,  Mr.  Chairman,  the
chances  are  that  if  the  court  is  larger,  composed  of  nine  judges,  the
majority  will  not  be  so  small  in  any  decision  that  is  rendered.  Of
course,  it  can  be  five  to  four,  but  the  chances  are  that  the  majority
will  be  greater  in  deciding  a  case  and  that  better  justice  will  be  done
in  the  disposition  of  causes  heard  before  the  Court  of  Appeals..
