The herald., 1898-11-14
The SUPREME COURT
CONSTITUTIONAL AMEN DMENT
PROPOSED By JUDGE YORK
REMEDY FOR GRAVE DEFECTS
Present Tedious Process Due to the
Inefficient Organization of the
Appellate Court

Realizing the defects of the organization
Of the state Judiciary and impressed with
the idea that some constitutional remedy
might be found which would enable the ap-
pellate tribunal to dispatch the business
coming before it without such tedious de-
lays as have been heretofore apparently un-
avoidable, Judge York of this county has
for some time been engaged in formulating
a constitutional amendment for submis-
sion to the legislature at its next session.
With the present system, cases appealed
to the supreme court are liable to be re-
ferred to the commissioners for decision and
indorsed without personal and definite ex-
animation by the justices of the court; later
to be heard in department, and finally by
the court in bank, if the interested parties
are so far determined to protract the con-
trpversy as to apply for a rehearing and
follow the case through every channel to q
final decision by the supreme court in bank.
Such tedious process is exasperating to liti-
gants, expensive to appellants and respond
ents, and beneficial TO no one but the law
yers, whose interest it often is to keep the
causes they are supposed to have at heart
as long as possible from settlement.
IAS dL DicStut CUn6tltulcu, tHC SUPP ClHC
court of California is made up of seven just
ices and five commissioners, the findings of
the latter being merely advisory, and the
court proper is divided into two depart
ments, to either of which causes may be
assigned, but from the decisions of which
appeals are frequently made to the court as
whole for decision in bank. The work
thus multiplied becomes SO onerous that
the cases on appeal are piling up for months
and even fop year or two before they can
he considered at all, in some cases, and the
complex character of the court delays final
ruling often for very long period.
To obviate these difficulties and to insure
a more speedy disposition of causes on ap-
peal has been the desire of Judge York in
suggesting q constitutional amendment pro-
viding for a complete reorganization of the
supreme court The amendment as prepared
is as follows:
"a resolution to propose to the people of
the state of California an amendment to
sections and of article of the constitu-
tion of the state of California relating to the
judicial department
"The legislature of the state of California
at its thirty-third session, two-thirds of all
the members elected to both the senate and
assembly voting therefor, propose that Sec
tions and 8 of article 6 of the constitution
of the state of California be amended to
read as follows:
"Section 2-The supreme court shall con-
sist of chief justice and nine associate just
ices. The supreme court shall sit in depart
ments and in bank and shall be always open
forthe transaction of business. There shall
be three departments, denominated re-
spectively, department of criminal cases,
department of chancery and general depart
ment.
"The chief ustice shall assign three of the
associate justices to each department and
such assignment may be changed by him
from time to time. The associate justices
shall be eligible to sit in either department
and may interchange with each other by
agreement among themselves, and shall
interchange when SO ordered by the chief
Justice. Each of the departments shall
have the power to hear and determine
cases assigned to it by the chief justice and
to hear and determine all questions arising
therein subject to the provisions herein
after contained in relation to the court in
bank. The presence of three justices shall
be necessary to transact any business in
any Of the departments, except such as may
be done at chambers, and the concurrence
of three justices shall be necessary to pro-
nounce a judgment. The chief justice shall
apportion the business to the departments
and shall assign criminal cases to the depart
ment of criminal cases; equity cases and pro-
bate and all other special cases to the de-
partment of chancery, and all other cases
to the general department. The chief just
hall he ba ;,,Jr of< bo %,,r !
character of the cases to be assigned to the
several departments. When, in the opinion
of the chief justice, it shall be necessary to
equalize the work of the departments, the
chief justice may reassign cases from one
department to another. All cases involv-
ing questions of constitutional law, all
cases of treason, and all cases
where three justices in the depart
ment where such cases have been assigned,
shall fail for ninety days to agree upon a
decision, or shall have announced to the
chief justice prior to that time that they
are unable to agree upon decision, and all
cases involving questions upon which there
shall have been a conflict in prior decisions
between two or more departments, or be-
tween department and prior decision of
the supreme court, shall be assigned by the
chief justice to the court in bank.
"All judgments by the departments shall
be final. The chief justice may convene
the court in bank at any time and when
present shall be the presiding justice of the
court when so convened.
"The concurrence of majority of all the
judges shall be necessary to pronounce a
Judgment in bank, and six justices, of which
the chief justice may be one, shall be neces-
sary to constitute quorum. In the deter
mination of cases all decisions of the court
in bank and in departments shall be given
in writing and the grounds of all decisions
shall be stated. The chief justice may sit
in any of the departments and shall preside
when so sitting; but the justices assigned
to each department shall select one of their
number as presiding justice. In case of the
absence of the chief justice from the place
at which the court shall be held in hank, or
in case of his inability to act~ the associate
justices shall select one of their own number
to perform the duties and exercise the pow
ers of the chief justice during such absence
of the chief justice or during his inability
to act.
"Section 8. The chief justice and the as.
sociate justices shall be elected by the quail.
ifed electors Of the state at large at the
general state elections at the times and
places at which the state officers are elected
and the term of office shall be twelve years
from and after the first Monday after the
first day Of January next succeeding their
election; provided that the six associate
justices and the chief justice in office at
tba t;,,a of +ho adonfion of fhoco oyrarI