The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-30
The Constitution OF the Court Of
Appeals.


Prior to the last election we suggested
that the best way TO keep two good
Judges in the Court of Appeals was to
vote for JOHN CLINTON GRAY instead
Of WILLIAM +. WERNER. Judge GRAY,
being permanent member of the court
whose term expired with the present
year, could only be kept on the bench by
being reelected; while Judge WERNER,
who was Supreme Court Justice sit
ting temporarily in the Court of Appeals
by appointment Of the Governor, could
be continued there in the same capacity
for long time to come.
The success of Judge GRAY at the polls
has verified our prediction as TO what
was possible in this respect On the
list Of January, 1903 Judge GRAY will
begin his second term OF fourteen years
as a permanent member of the Court of
Appeals, while Judge WERNER will begin
another year of service as Justice of the
Supreme Court designated by the Gov
ernor to sit in the Court of Appeals. The
other Supreme Court Justice now acting
in the same capacity is Judge EDGAR VI.
CULLEN of Brooklyn.
As originally established under the
existing Constitution Of this State. the
Court of Appeals consists Of Chief Judge
and six Associate Judges, each elected
for term Of fourteen years The pres
ent members of the court as thus con-
sttuted are ALTON b. PARKER of Kings
ton, Chief Judge; JONI CLINTON GRAY
Of New York, DENIS O'BRIFN of Water
town, EDWARD T. BARTLETT of New
York, ALBERT HAIGMr Of Buffalo. CELoRA
+. MARTIN of Binghamton and IRVING
G. VANN Of Syracuse. Associate Judges.
In 1890 the Judiciary Article of the
Constitution Of this State was amended
by the addition Of the following pro-
vision:
Whenever and as often as majority OF the
Judges OF the Court OF Appeals shall certify TO the
Governor that said ,urt Is unable by reason OF the
accumulation OF causes pending therein To hear and
dispose OF the same with reasonable speed the
Governor shall designate not more than four Jus
tees OF the supreme Court to serve as Associate
Judges Of Court OF Appeals The justices 50 dcsir.
mated shall he relieved from their duties as Justices
OF the supreme Court and snail serve as associate
Judges Of the Court Of Appeals until the causes un
disposed ofin said cour, are reduced to two hundred
when they shall return TO the supreme Cour,
Notwithstanding that the membership
Of the court might thus be temporarily
increased from seven to eleven judges
the amendment to the Constitution fur
ther provided that no more than seven
Judges should sit in any case Under
this arrangement the idea was that the
Judges not actually sitting should be
engaged in the preparation of opinions
in cases which they had already heard
On the LIST of January, 1900, Governor
ROOSEVELT designated three Justices
of the Supreme Court to serve as Assoc
ciate Judges Of the Court of Appeals
under the amendment of 1899: JuDsoN
5. LASDoN of Schenectady, EDGAR NJ
CULLEN of Brooklyn and WILLIAM f.
WERNER of Rochester Judge LANDoN
has since retired on account of age, but
Judge CULLEN and Judge WERNER are still
serving in the Court OF Appeals and are
certain to remain there a year longer.
The work of the court OF last resort has
been much facilitated by the presence
of these additional Judges and the ro,a-
ton in judicial work which has thus
been rendered possible. The scheme has
given so much satisfaction 10 the bar and
litigants that it ought to be made per-
manent, to the extent at least of increas-
ing the permanent mem bership of the
court to nine Judges, so that cases could
continue to be disposed of az rapidly as
they are now with the assistance OF the
two Supreme Court justices.
For many years the permanent MEM
bers OF the Court of Appeals have been
hostile to any increase in the court, but
we think that they are so we'll pleased
with what has been accomplished under
the existing condition of things that