The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-11
VOTERS STILL
TO CHOOSE ALL
STATES JUDGES
Constitutional Convention
Not Expected to Change
Present System.
MAY DIVIDE WORK OF
APPELLATE DIVISION

ALBANY. July lot has been practi-
ealy decided that the organization OF
tte Court of Appeals. 30 far as the
PRESENT constitutional convention Is con-
,erned. vii, remain as It is ut present
and that all Judges in the state shall
continue to be elected. There has been
4 mixed opinion Of Judges and lawyers
As TO whether the best Judges can be
secured through the action of the
voters at the polls or by appointment,
ether at the hands of the Governor or
,re. Chief Judge Of the Court OF APP
seals. The various expressions of opin-
ION upon this question have been sifted
20 a conclusion in favor of continuing
the election Of Judges in this state.
The present Court of Appeals COM
prlses seven elective Judges and three
Justices Of the Supreme Court assigned
10 service on tie Cour OF Appslis
bench by the Governor. which assign
r,,nts practically end only with the
term Of the Justice. Supreme Court
Justices. Nathan l.. Miller of Cortland.
Emory A. Chase OF Catskill and Benja-
MN n. Cardoza of New York city are
"A. three designated Judges now serv-
:ng.
i, Il. largely because OF the calibre
OF these three Justices that 1t has been
determined not to. provide for ten
elected Judges for the Court OF Appeals
tu, to continue the designation OF three
supreme Court Justices in order that
the Governor can have the pick OF the
hes, three Of all the Supreme Court JUS
lies in the State.
100 Amendments In Hand.
The convention committee on the Ju-
dietary ha. finished its public hearings
and has begun its executive sessions
About $50 proposed amendments nave
been referred to this committee. invoir-
ing almost every particular OF the >u-
dietary article OF the Constitution. one
Of the questions seriously pressing Tor
consideration is the Jurisdiction and or
esnization Of the Court of Appeals.
Under existing conditions an appeal to
thi. court not entitled 10 a preference
under the statute cannot be reached
for hearing until about two years AFTER
tine appeal is taken. A number OF
judges and lawyers appearing before
the committee have recommended that
this condition be met by increasing the
number Of Judges of the court. whereas
others have advocated restricting us
jurisdiction.
There Is a popular misconception re-
sarding the true function OF the Court
OF Appeals, according to some OF the
prominent members OF the convention.
It IL recognized that every litigant has
q right to review possible error com
nitted by the trial Judge in his case
This appeal. II is thought. SHOULD go to
the Appellate Division Of the supreme
Court. ..
Whether or not there shall be a re-
view Of the decisions of the latter body
ia a public question and involves other
and larger questions than merely the
rights Of A VS.. B as %lltigants. As one
member put 1t. The Appellate Divisions
should he courts OF justice. The Court
of Appeals is a court OF law"--whicf
means that the Court of Appeals is es'
tablished primarily for the purpose OF
settling the law Of the state. and thf
Appellate Divisions are established pri-
marily to determine controversies be
tween individuals.
Appellate Division Problem.
Whether or not this conception of the
functions OF these courts Will prevail
,annot be determined until the judiciary
committee brings in its report on thu
judiciary article. A great many countr.
practitioners urge that every migan
has a right to appeal to the highes'
court, but the recognition Of such 3
-Al-- -.-..f Nl an hsAnll Auvtt ~
the Court Of Appeals, or what man,
lawyers regard as it's equivalent. namely
the separation OF that tribunal into two
parts or divisions.
The real court problem before thu
judiciary committee arises out Of thu
conditions OF the Appellate Divisions o
the Supreme Court In the greater cit,
Of New York. The Appellate Division
OF the Supreme Court on Manhattan
Island In disposing Of upward OF 100
cases a year. There IS much complain
among the lawyers that in order to dis
pose OF this great volume OF business
that court does not give n hearing to liti
eants and that scant opportunity !
given TO the lawyers TO present thei
eases fully before that court.
Is claimed that as the Appellat
Division Ia the ultimate court Of man,
,.asses of cases litieants should b
afforded an opportunity to argue full
their cases, such as Is given in the Cour
Of Appeals, but 1t Is recognized that
that court is compelled to pass upon
volume of cases such as 1t now dispose
Of these hearings are impossible. TIL
Appellate Division in the Brooklyn de
partment disposes of less thai one-hal
tile number of cases which the Mammal
tan department deals with.
II Is urged that the appellate wor
OF the greater city he distributed anon
three divisions instead of two as at pres
ent. and that all appeals coming from an
~ the committee in this district b
lodged in one clerks office and auto
matically distributed among the three d
visions. BY this means IL is urged tn
volume OF work can be more event
divided among the courts and a fu
hearing accorded to the litigants.