, 1870-05-20

APPELLATE COURTS.

49,. ~ and [b;cb vas onnosod bv manv ~
+ha sootbe,n and some Of The Northern
1a1..at.s ..ith considerable 1,;ftorroee W.
-atar IN ,he sect;on nroria ding for Apne1lafe
49,, Tho o1,;ert NJ tba sect;on is to ra-
1iera the snnrepoe Court of 4 portion OF its
business xhan that becomes necessary. In
~ ,orrsa of +,me with tha increase of
~, .,..:.. - III 1,.o, -
wealth and popula1lons II WILL oe'ou0 ~
tarlv impossible for one court Of appeal to
1 -,
hear rnd determine all the causes lnat naay
7o 1,rnuo3f before it. That court is nov
oyerworked; end it hecarne inaisponeably
,o,o.eo- Il, inc1easa tba number of its
1ee 1ssss Nv, ~ % threa - @ ssxen % IN order tn to
a.t;o,. -, 1,1.,~-
enable II 10 ofv1oe anu Appota1on 1's 'aoo1s
and r@nef7;te its l,usiness.
"u etee1'~ 40 '1''A4e
We regret to observe, IN certain quarters,
41,ot st1,3ied effort is made to rnisrepre-
~ -
sent the tue intent ana scope of inc ap-
pel1ato provision of the new constitution.
The idea is falls se1y conveyed that, if the new
constitution is adopted, the new court must
be forthwith established; that it viii create
large number Of additional Judges, and
subject The people to great expense Tor
4he;r ,no7,+en,rra. That +b;a conr+ ,r;11
;ncrasea ,ha ros+ of 1;t;,at;on and
aa1or Tho f,.1 bo.r;,o of co,ea.
Each and every Of these allegations are un-
tue; and it is hard to divine the motives
Of the opponents Of the section who resort
to such contemplate Misrepresentation.
Here is the provision in question:
APPELLATE cOTRIE.
SEC H. After the year Of our Lon1 one thousand
e'HsH ~ ann taaT' @
may or eenied in districts formed for that purpose
nav 1nn npoSae aE al b.
from Circuit and other courts h and from which oI,
Geu. u ali % eminai ~ cases I and cases in Which
On a. eoa 81 q tns fT sad o. I! af M
provided by law. Such Appellate Courts shall be
1sa by s4 sen 81 and 1 an pa IL SEE
manner as mag be provided bylaw: hut no Jaage
ss Naq shall ~ INDIES TFe anu addtioaai eoapes
ton tor snch sI1ziees
twill be observed by an inspection Of
this section that it has been prepared with
extreme care End prudence- Let us analyze
it. l. The Appellate Court cannot, in any
event, be established before the year 1874
.. It must be Of uniform jurisdiction
and organization throughout the State
5. After the year 1871 it is left
discretionary with the Legislature to es-
tablish this court or not The language is,
TINT Appellate Courts may be created after
the year 1874. If there shall exist no
pressing necessity therefor, its organization
may be postponed to any future period, CT
indefinitely. L But il, four OF ten or
twenty years hence, the judicial business Of
the State shall really require the services Of
such an intermediate court, the constitu~
ton permits it to be created and prescribes
its powers and duties 5. This court, when
Organized, is to be composed, not Of new
Judges chosen for that purpose, but Of the
Circuit Judges Three OF four circuits NAV
he organized into a district to which such
appeals and writs. of error as the General
Assembly may permit, may be prosecuted
from the Circuit and other courts, And
from which IL appeals ard w1its Of er1or
shall lie to the Supreme Court in all GRIM
inal cases, and casss in which franchise
or freehold, or The validity Of d statute Is
involved, and such other cases IS may be
provided by law" This will authorize tho
Legislature to make the Appellate Court the
final tribunal for the hen11ng OF n.Ahtu-
dmous class OF inferior causes which are
carried to the Supreme " 'urt with the sole
object OF gaining tv' .ree years delay,
to the end thu: s::.ors :, be defrauded
out Of th;:'' -: -sa:e Wo1z7ed INTO
maxi - = S'c.at. =o.1l'>*: abandoning
80 y. ~''i :z'e'7:n' 80 expense OF
t:-1n::: ':'1-s -|'s5a T. 1t Is
:-'S;o5' -: Circuit Judge
~:' ~s-.'s:, - - Appellate Judge shall
'-tv~ upon cases decided By him,
-: = q very excellent provision, and
:--,cu1ated to prevent this Appeal Court from
being influenced or biased by the pres
ence of the Judge who originally tled the
case. Lastly, 1t is expressly provided that
the Circuit Judges, who shall constitute those
Appellate Courts, shall not receive any ad-
ditional compensation for such services
beyond their regular salaries as Circuit
Judges, which rery summarilF disposes Of
.he alteration t1at additional salaries r,nst
ha ,no-;5.a ~ +ho J,,;1,,os ~, ehou bo,d
a. A,.a1,.,. ror.+ ;s o4 nv ;,--a,+,an ne
.1o1 111;nefs ~ .t7tat;ao.1 C,a-ant7on NJ
Tor1 hse hsa <nch con4 sinra 1stc
.ha-ah =, 49, 49, ct.t. - ~ oo,1aa 49, g.
o 80 49,. ...a,... ~ 80 11s~ -. ~
p1e4ne ou ,s. ~ es.sls " NJ ~. sues
- eaen " s 'so4s'n ~, Ias .ao 1nss ~
.o1' .., - Ns" I - 80 - - nea sa u' 1sol I1.oe
aPP8aia, auo cous1s1s VI sefeA oou6es-