The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-08-17

trary, We have thought II wise 20 prohibit the Leris
isture from ever making the right to appeal to the
Court OF Appeals depend upon the amount Involved"
The scheme adopted by the committee is
threefold. First, they propose to enlarge
the Court OF Appeals by adding two Judges.
thus making the total number nine instead
Of seven. This addition will probably en-
able the court to sit more continuously than
it does low. Only seven member will be
required to form a quorum, and while
seven are sitting the other two can be en-
gagged in the preparation Of opinions in cases
which they have heard argued.
In the second place, the committee recon-
mend that, except in capital cases, the func-
ions of the Court Of Appeals shall be con
ined to the consideration Of questions OF
law only. In other words, when a case
leaves the appellate division Of the Su-
preme Court the determinati Of the Su-
preme Court in regard to { matters of
fact involved is to be made conclusive.
furthermore, the Court Of Appeals is TO sit
in review Of final judgments and final orders
only and a large mass Of interlocutory de
c~isions, which have heretofore been review
able there, will no longer be taken before
that tribunal.
III Nv hIu pLdtC, Nv Ills II III nbSb
important change Of all, the proposed
amendment is designed to strengthen the
courts Of intermediate appeal, consisting of
Supreme Court Justices designated by the
Governor, which nave heretofore been
known as General Terms. Each OF these is
to be denominated an appellate division of
the Supreme Court. There are to be four
such divisions in the State: one in this city,
consisting OF seven Judges, and one in
each of the other three judicial depart
ments into which the State is to I've di-
vided, consisting of five Judges. At pres
ent there are five General Terms of the
Supreme Court, each consisting of three
Judges, except in this city, where
there are four, and in the fifth department,
comprising the western part of the state,
where there are also four. According to the
new judiciary article. a Supreme Court
Justice, while sitting in the appellate di-
vision. is not to he allowed to do any judi
cial duty except to sign orders which may
be made out Of court and to hear motions In
court by consent. Under the present law
no such restriction exists, and a General
Term Justice who has the time is at liberty
to preside at the trial Of cases.
Inc dTkuIlenI III ldNOT VI THESE CndnRes Is
that, while the court Of intermediate APP
peal, consisting Of five Judges, will not do
any more work han one consisting OF three,
it will do it better; and, therefore, it's deci-
sions will give more satisfaction and COM
mand more respect. inasmuch as the Judges,
having nothing else to do, will be able to
devote all the time necessary to their APP
pellate duties, and there will be so many
of them that they cannot arrive at any salts
factory results without a good deal of actual
consultation. TIL fault found with the
General Terms of the Supreme Court in dis
tricts outside Of this city has been that
cases are decided rather by the Judge who
writes the opinion than by the concurrent
thought and judgment OF all the members.
On the other hand, it would certainly he
desirable to attain the object the Judi
ciary Committee Of the Convention have in
view without such a considerable increase
in the judicial force Of the State as will be
rendered necessary by putting twenty-five
Judges in the appellate division and de-
barring them from doing anything as trial
Judges. II the appellate division in each
department outside of the city OF New York
were made to consist Of three Judges only
we think it would be an improvement.
Provision Is made in the proposed amend
ment for increasing the jurisdiction of the
county courts, and the County Judges are
prohibited from practising law in counties
having a population of more than one nun
dred Thousand, while the Legislature is EN-
powered to impose a similar prohibition
hereafter upon County Judges in other
counties. 1t ought to be imposed in
all cases where the county can afford
to pay the County Judge an ade-
quate salary. In such cases the county
court would have plenty Of business; but
now there is a disinclination on the part of
counsel TO go one day before a lawyer on the
bench In the county court, when that very
lawyer may be their antagonist the next day
in a trial in the Supreme Court.
We have little doubt that when the pro
posed Judiciary article has been adequately
considered by the Convention its details
will be put into such a form ~ 10 harmo-
nize the many important interests involved,
SO as to carry out the purposes Of the
committee as those are set forth in the very
able, clear, and logical report which Mr..
ELIHU Roor submitted with the proposed
amendment. We have never seen anywhere
a better statement of the relative functions
OF a court OF intermediate appeal and a
court OF last resort than is contained in this
report. Here is what Mr.. Roof says on
that subject:
"The only adequate reason for allowing two success
sive appeals In this State TO review the same judy.
ment is TO be found in the fact that the volume OF
business Is so great as TO render II impossible for any
ono appellate tribunal. or any two, or possibly any
three, such tribunals 20 properly review all the
decisions OF courts OF nrst instance. The review
To which ~litigants are entitled must, therefore,
he furnished by at least three or four different tri-
bunAls; and To their conclusions another consIdera-
ton OF the highest Importance applies. Three or
four separate tribunals uncontrolled by higher au.
thoTity can never settle the law. Their opinions are
certain to vary, diner. and conflict. The public In.
terests demand that the law should be settled;
that it should be the same for the whole state:
that IL should be a consiS tent and harmonious system;
that lt should be declared clearly and authoritAtIyely
by some supreme power. In order not merely that It'll
giants ma, have their right, but that the whole people
may know what IL tho law by which their contracts