The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-14
Court Of Appeals Limitations.

Court Of Appeals Limitations.
I In emphasizing this distinction the
amendment limits the jurisdiction OF
the Court OF Appeals to questions OF law
only. except in two cases % of appeals
in criminal cases where the judgment is
of death. and ,2) appeals from judy
ments of the Appellate Division revers-
ing or modifying a judgment and rem
dering "A new judgment on new findings
Of fact made by the Appellate Division
upon the record sent up on appeal
Appeals to the Court Of Appeals as
matters OF right are to be allowed only
In the following cases:
, % Where the judgment Is of death
t2) From a judgment or order en-
tered upon a decision of the Appellate
Division which finally determines an ac-
ton. or special proceedings directly in
volving the construction OF the Consti-
tuition OF the State or OF the United
States. or where one or more OF the
Justices who heard the case dissents
from the decision OF the court. or where
the judgment OF the trial court IL re-
versed or modified
(3) From an order granting a new
trial where the appellant stipulates that
upon affirmance judgment absolute shall
be rendered against him.
The Cour of Appeals Is. however.
empowered itself to allow an appeal
In any case where a question of law is
involved which in Its opinion ought to
be reviewed by II.
The amendment strikes out the pro-
vision in the present Constitution to the
effect that no unanimous decision OF
the Appellate Division of the Supreme
Court that there is evidence support
ing or tending to support a finding Of
fact or a verdict not directed by the
court shall be reviewed by the Court
OF Appeals.
A considerable portion OF the report
IL taken up with a discussion of the
conditions in the Appellate Division in
the First Department. II IL shown that
the Appellate Division of the Supreme
Court In that department, last year de-
cidtd upward of 1900 cases. beside
$40 original motions. and that no other
court In the state disposed OF more than
half of this number of cases except the
Appellate Division in the Second De-
partment, which in 1914 decide about
20 per cent thereof. II points to the
OWL Importance of the city Of
New York as "A commercial centre. which
brings into the courts of the First De
partment a constantly increasing volume
OF litigation involving questions affect
ing not merely the citizens of that
department but of the entire State and
OF almost every other State and nation.
Relief for New York city.
The eport states that while il is
true that until the present time the
men now constituting the Appellate
Division In the First Department have
been able 10 pass uron and decide that
number OF cases they have done so
by labors which should not be con-
~tinuously required by the State of any
body OF Judges, and which in framing
the funda mental law of the State should
! NOT De assumed as the criterion of the
amount OF work ~disposable by any court
OF seven Judges. Provision is therefore
made for Increasing the number of Jus
tees composing the Appellate Division
OF the Supreme Court in the FIRST De-
partment from sever to not fewer than
ten nor more than twelve. and in the
second Department from Ave to seven.
10 supply this enlarged force provi-
sion Is made for two new Justices I'm tho
First Judicial district. The Appellate
Division also IL authorized in case OF
me Illness or absence of one OF its
JUSTICES to call in for temporary service
during such illness or absence another
Justice of the Supreme Court, and the
Appellate Division is authorized. If the
condition OF business should so require.
to sit In two parts of not fewer than
hve justices each, under the direction
OF the one Presiding Justice. and ia
distribute the cases as nearly equally as
may be between those parts for hear
ing and determination.
The amendment further PROPOSES IN
Increase the number of Justices assirna-
BILE to the Appellate Terms in the E'lrs,
and Second departments from three 10
five. such assignments to be made 70,
periods OF one yea All appeals from
Judgments ard orders In civil cases made
by County Courts within those dep,rt-
ments, az well az those by the CITY
Court OF New York. the Municipal Court
Of the city of New York. the Court of
Special Sessions OF the city OF New
York and all other inferior or Ioca
courts except those held by justices OF
the peace are required to be heard at
the Appellate Term. The Legislatu re is
empowered to enlarge or modify the
jurisdiction OF that court and the right
OF appeal thereto.
Provision Is made that in cases of I'M
parchment the court for the trial Of i'm
peachments may order all or any part
Of the testimony to he taken and re-
ported by a committee composed OF
members of the court, reserving. how
ever, to the ~impeached officer the RICH,