New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-20
THE STATE JUDICIARY,
PROPOSED AMENDMENTS TO THE CONSN
TUITION.

REPORT OF THE COMMITTEE on KNVfsYoN -
THE CONSTITUTIONAL coMMIssIoY-THE
| VARIOUS PLANS SUBMITTED At Az
! BANY PUT INTO SHAPE FOR
LEGISLATIVE APPROVAL.
| VRoM THE REGULAR CORRESPONDENT OF THE 1RiBUsR1
Albany, Now I9.-Among the most important
duties of the Legislature which is about TO meet
is that of considering the proposed reconstruction
of the judiciary system OF tie State. This pro-
posed reconstruction comes in the form OF various
amendments to the State Constitution which are
suggested by the Judiciary Commission. That
Judiciary Commission. as will be remembered.
has as its members some of the bes-known lawyers
in the State, the chief being George T. Danforth,
| of Rochester, recently Judge of the Court of
| Appeals. The commission met here in June last
| and divided it's work among various committees
These committees drew up amendments 10 the
Constitution touching the Court of Appeals the
courts of New-YorS City, the Supreme Court and
the minor courts of TIE State. All these reports
of the various committees were then SUBJ
mitted to Committee on Revision, whose
duty has been to mould together In
| series of amendments to the Constitution the
amendments suggested by the committees. The
members of this Committee on Revision were James
C. Carter, George F. Danforth, James c. Smith.
C. Alonzo Kellogg, Homer A. Nelson and William
| b. Hornblower This committee has just completed
its work. Copies of its report were received here
| to-day from Walter II. Bonn, the clerk Of tine
| commission The amendments which the commit
| tee prepared are stated below:
SCHEDULE A.
Amendment relating the Court Of Appeals as sub
stute for the present Sections and Of Article VI
Section No appeal shall be taken to the Court OF Ar
pea a civil action proceeding from any determination
OF General Term anins without dissent deter.
mnaon reviewed except where the determination 10 re-
viewed necessarily decides a controversy Concerning
a. The construction effect of provision Of the Caa'
statute Of this State or OF the United Sa'es'
fo Thu validity or Interpretation a written nstru.
ment other than promissory note, bill Of exchange or
other of money and the claim or the oe'
fence wholly in part upon such Instrument or.
ts The validity execution probate or Interpretation
a will: or,
90 The title real property or an interest therein or.
~ Legitimacy, or the fact or validity Oh hafAee'
and except
q, law which stands otherwise determined by General
Term OF the Supreme Court or,
-, Where an appeal is allowed by the General Term
making Justice OF said General Term
who part in the decision OF by Judge OF e o0uf'
OF Appeals. - -.
The right OF appeal Is restricted in the case OF
orders to such determinations affect subohuM sn'
| and do lot rest discretion, and when
m In effect determine action proceeding and pre-
| vent a final Judgment or final order CT,
| (2) Grant refuse new trial; or,
| f) Sustain or overrule a demurrer; or
~ Are final orders in special proceedings or In pro-
cedncs subsequent to and upon the final Judgment
in action.
SCHEDULE b.
Amendment relating to the Supreme Court pSfosea as
substitute to present Sections 6. z, IL ana - Z"
: Article VI ,, ,,.
Section g. The present Supreme Court Is continued WIN
,oner,l pyictlon in Law and equity subct TO such APP
peate CoG OF Appeals as no" Is OF y
be pres, ribed By law, not inconsistent WIN 'e
OF this article existing judicial districts q te SA'
are continued until changed hereinafter pFoViaeu
addition TO the sticcs hereinafter provided for the s'
preme Cour. shall consist OF - justices VINO shs W
chosen by tie electors judicial districts III weh
they respectively reside, and OF whom - shaii o>u'
in tho Eyrst - I'm the Second, In the Tbid' -
in the Fourth - in Fifth - in the Sixth, -
I'm the Seventh and - in the Eighth. fro'lueu i'"'
ever that the Supreme Court justices in office at 'he aop
ton OF this amendment shall continue to be Justices OIL ~
supreme Court during their respective terms once every
ten years the Legislature may atr the JUDICIAL dis'
but without increasing the number thereof.
Section r There shall be four judicial departments III
tho state The First Judicial Department shall consist of
the First Judicial District the Second OF the = 'u'
dicial District; the Third Of the - Iudicial uSO.
and the Fourth - judicial districts once every
ION Years the LEGISLATURE may alter the judicial ocpar''
ments hut without increasing the plumber thereof Ihcs
shall be one General Term Of the supreme Court
of five Justices in and each Judicial department. VI
whom four shall constitute quorum, ana the
Of three shall be necessary to detefnuatOH A' '
bo twenty General Term Justices, and subject 70 the opera
ton OF the provision herein continuing inc seI'~o '.
rresent General Justices hVe shal De reSus' :"
Zach iudica department aud not more than ree shai os
t,n, o any one judicial district except the FIRST Ju-
diclal District (and the Second Judicial D''ric|' '
, justices OF Supreme Court VINO a' % ',
= time Of the adoption Of this amendment e'',, ,m
be serving as General Term Justices si1i
continye TO 80 serve terms Of Office for whch ey
were respectively elected expire The General ier
tccs hereafter ted shall be chosen by ne eeo'o' "
cat AZ the first general election after this anehuhet
So, osct 81 many more General Term Justices shall Dc
elected ~ WILL together with the General Term Justices
whose terms Supreme Court Justices sha e
n beyond tho 1st day January next succeeding ths
| election make the whole number twenty proVaeu now
vor that i'm the event the number OF sueh JUSTICES
then to be elected shall be four only no eector sha No'
for more than three and arthe general eeco' hcAV pr
a,g the expration OF Of Office for whch tne
ovar Justices OF General Terms hereby constitutes
~ rsneetyey elected their respective successors sha
no elected From all the General Term Justices vi Inv
state the Governor shall designate fo- terms OF h'e years.
o. far the uneApred portions OF their respective Terms VI
q, ,oss than Ave wears those who shall constitute
tn General Term OF each department ana shai
the presdng justice thereof, and from time 10 ne' 80
the terms such designations expire or o'i'
u he shall make designations as may oe
5 h. mo, more than two such justices shall be
S designated from any one district Tor any "enerA4
Tm The Governor may also from the Justices OF ths
nrene Court make temporary designations from time '"
% n case OF the absence inability for any cause 70
!, , Of any Justice OF any General Term. whenever any
General Term shall unable TO dispose of It's business
within r,a .onable time the Governor upon Doing 'rN
aod thereof by the presiding Justice. may designate IRON
M yus,cas of the supreme Court five, who shall hold "A
additional General Term in and for said department W
long as the necessity therefor shall exist or may In hs
discretion require the General Term Justices " any 'eI
u dan,rnent Ia hold an additional General Ierm
In the deparament In long a. IL may DO neces
sary and practicable No Justice OF the General Term
bi exercise any the powers OF justice OF the supreme
court other than pertaining to the General Term
:, vheh no a. n member. Provision shall be made BY
y law for holding the General Term in each judicial dis'
,ct and each General Term shall have such Jurisdiction
a. is now exercised by the Supreme Court al It's
rms until IL shall be otherwise provided by law Any
Iu,,ce Of the Supreme Court other uhan General Term
Justices may hold Special Terms, Circuit Courts Ans
Courts OF oyer and Termner in county The omeisA