New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-02-24
ANOTHER COURT OF APPEALS.
AN AMENDMENT TO THE CONSTITUTION TIC
RE FAVORABIY REPORTED.

BE FANORABl.1 REfOkiEb
Albany Feb. % (speciaD-A good many OF the
| Assemblymen think the Senator'S made mistake
| when they favored the amendment TO the Constitu-
,ion nrovidnr for biennial sessions Of the Legis-
| lature and gave the Senators such Ions term as
! four years The objection to this long term ihey
saw is that no amendment 10 the Constitution can
I've made in less than five years There may Do
emergencies which require an amendment IN Tess
time.
There example OF this urgency To-Day
before the Senate judiciary Committee In the shape
/ OF an amendment 10 the Constitution oHered py
Senator Bracket providing for tho creation OF a
second division OF the Court OF Appeals senator
Bracket stated that the Court OF Appeals was
one thousand cas- behind in It's work. II needs
assistance Immediately or there will he a harmful
delay in the dispatch OF its business.
The Senate Judiciary Committee vas doubtless
surprised hear that early after the adoption
Of the amendments to the judiciary Article of the
| Constitution Of 1884 the Court Of Appeals had
fallen behind I'm It's work In 1894 it was the theory
| that the Appellate Divisions of the suprem"
Court would dispose OF questions OF fact. and the
Court OF Appeals only be tied down 10 considera-
tlons OF law, the latter court could easily clear
It's calendar every year The Appellate Divisions OF
the Supreme Court organized for the very pur-
pose OF relieving the Court of Appeals Appare ntly
the system has proved an absolute success
The Judiciary Committee voted 10 report the
amendment the Constitution favorably. II reads
follows
CONCURRENT RESOLUTION
Proposing amendment to Section of Article
tatng the determination Of causes on the cal
,endar Of the Court of Appeals.
Resolved Of the Assembly concur, That Section
I of Article VI Of the Constitution be amended so
section The Court Of Appeals IS continued
II shall consist Of the Chief Judge ana Associate
until the expaon Of Their Respective ng term and
their successors. who shall be chosen by the elect.
Judge and Associate Judges shall be fourteen years
from and including the first day OF January next
shall form a quorum. and tho concurrence OF four
shall be necessary TO a decision. The Court shall
clerk and attendants. Whenever and as often as,
there shall be such an accumulation of causes on
thereof the said Court ,nSy ce sPffSGy Cb st 20
the Governor, who shall thereupon designate seven
persons TO act as associate judges. for the time
ond division Of said conr and Who sh D' act as
such until all the causes upon the calendar OF the
said Court, elected such. shall certify 10 the
Governor that said causes are substantially dis
posed of. and when said causes arc thus deter
mired. or upon receiving such certificate, the Gov
ernor shall declare said second division dissolved
ana the destination OK persons 10 serve thereon
shall thereu2on expire and cease. The second a.
sutuied snail have power and be competent TO de-
termine any causes IN the Court of Appeals which
Composed Of eeced to- IN a court
and said last-named Court may. al any time be-
lcTe judgment drect any or the causes 90 assigned
TO be restored TO its calendar for hearing and
decision The rules OF practice in both divisions
shall be the same Five members of the Court shall
be sufficient TO form quorum for said second di-
VISION and the concurrence OF four shall be neces-
sary TO decision. The persons composing said
second division shall appoint from their number
Chief Judge OF such division. In case any Justice
OF the Supreme Court shall be appointed to
on such division. the Governor may. from time to
time, when. IN his judgment, the public interests
may require, change The designation of any such
Justice 10 serve in such division, and he may MI
any vacancy occurring In such division by desg-
mating person 10 fill the same. No Justice OF the
Supreme Court shall exercise any of the functions
Of a Justice OF the Supreme Court. receive any
salary or compensation as such Justice during the
time he shall be designated TO act IN such division
During such term of service in said second division
any person so designated shall receive the same
compensation as the Associate Judges Of the Court
OF Appeals. elected as such. Said second division
may appoint and remove crier and such attend
ants as may be necessary. and shall have power 10
appoint the times and places OF their sessions
The clerk and reporter OF the Court OF Appeals
shall be the clerk and reporter OF said second d.