The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-19
THE REVISED cONSTITU-
TON.
MI. wickersham on the judiciary
Article, the Courts and the Judges.

Article, the Courts and the Judges.
To THE EDITOR OF THE SuN-Sir: For
the prompt and ehicient administra-
ton Of justice there is essential, first
an adequate number of Judges for the
prompt and eficient disposition Of the
cases arising for consideration. and
secondly. a judicial organization under
which litigation IL appropriately clas-
sified and distributed, and the Judges
so assigned to the performance of
judicial duties that every Judge is
required to perform his fair proper
ton Of the work OF all. and Judges
specially versed in n particular
branch of the law may be assigned
to the court or term In which their
knowledge and skill can be utilized
to best advantage. The convention
Of 1916. like that Of 1894. adopted as
Its guide in the revision OF the Judi
ciary article the principle that every
litigant h entitled to a speedy trial
OF his controversy. and to one review
on appeal Of all alleged errors Of law
or fact. An amendment to the Bill
OF Rights further provides that the
party accused in any criminal case
shall have the right to at least one
appeal.
So long AZ the population Of the
State was small It was easy for one
Court Of Appeals to review the judy
ments Of all courts Of first instance
and to consider all errors of fact or
law alleged to hav been committed
in those courts. But the population
Of this State had 80 grown prior to
1894 that II was no longer possible
to continue that system. and by the
Constitution of 1894 the State was d.
vided into foul judicial departments,
in each Of which there was estab-
iished an Appellate Division of the
Supreme Court, with appellate juris-
diction made final In a large class of
cases. and the Jurisdiction of the
Court Of Appeals was in general lin
tied to the review Of questions Of law.
These Appellate Divisions were on
stituted Of Judges assigned from the
body Of Justices Of the Supreme Court
by the Governor for periods OF five
years each. during which time they
were prohibited from performing any
other judicial duties in the depart
ment of their residence.
The theory upon which the conven-
ton Of 1894 acted. and which has been
followed by that Of 1915. Is that the
primary purpose of the Court OF APP
peals in an ordinary lawsuit Is not
to determine whether or not a judg-
ment recovered by A against Il is sup
ported by the law and the evidence:
that is the business Of the Appellate
Division. The Court Of Appeals pri-
marily exists In the interest OF the
State. as distinguished from that Of the
litigants In any particular lawsuit.
to secure uniformity Of law for the
entire State, and the determination Of
wha matters shall he ~appealable to II
Of right Ia based upon grounds OF high
political expediency. It Is obvious
that appeals canno be allowed to that
OUT from the judgments OF inferior
courts In all cases without completely
breaking II down. 1t Is important that
the Court Of Appeals shall be com
posed Of one body of Judges whose
continuous service together may oper-
ate to reduce. so far as practicable,
differences Of opinion between them.
The Constitution of 1894 limited the
Jurisdiction OF tho Court OF Appeals
to the review OF judgments Of death,
judgments Of orders entered upon
decisions Of the Appellate Divisions
finally determining actions or special
proceedings. and orders granting new
trials on exceptions where the appel
lants %stipulate that upon afirmance
judgment absolute shall be entered
against them.
The revised Constitution further
restricts the right OF appeal by provid-
Ing that no appeal may be taken as Of
right from the unanimous affirmance
Of a Judgment by the Appellate Di-
vision, unless the case involve the va
lidity Of a statute under the State or
FEEDERS al Constitution. To the Court
o: Appeals is. however. given the
right. In its discretion. to allow an ap-
peal from the Appellate Division in
any case in which, there Ia a question
Of law which. in Its opinion, should
be reviewed by II. The Court of Ap.
reals Is now composed Of seven
Judges elected for fourteen years.
The Constitution Of 1894 provided
that whenever and as often az a ma
jority Of the Judges Of the court
should certify TO the Governor that
the court was unable by reason Of
the accumulation OF causes to hear
and dispose Of cases with reasonable
speed. the Governor should designate
O more than four Justices of the
Supreme Court to serve as Associate
Judges OF the Court Of Appeals until
the undisposed causes hOuld he re-
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