The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-19
stitution Of 1884, but In 1905 an
vas adopfad 70 Section 2

stitution Of 1894, but In 1905 IN
amendment vas adopted to Section 2
Of Article vi. respecting the powers
In which the words land trial" In the
sentence giving the Justices OF the Ap-
pellate Division power to Ak the times
and places Of holding special and
trial terms were bracketed out. 1t Ia
said that some Of the Justices Of the
Supreme Court objected to being
"bossed" by the Appellate Division,
and that they procured the removal OF
these words in the provision referred
to. Tho Constitutional Convention con-
sidered that they should be restored.
without some centralized administra-
tive control over the Justices OF the
several judicial departments there can
be no equitable distribution OF the
business Of such department. The
Appellate Division is the appropriate
body to fx the times and places OF
holding terms Of court and determine
what part shall be performed in the
disposition Of the business by the re-
spective Justices in that department.
In this connection II should be noted
that an amendment to Section rs re-
quires the Legislature to provide for
the compilation and publication an
nually Of the civil and criminal tu-
dicial statistics Of the State. At the
present time no reliable statistics are
available respecting the judicial work
Of the State Of New York.
Appeals from judgments Of the City
Court Of the city Of New York and
the Municipal Court Of New York at
present are heard by three Justices
Of the Supreme Court appointed to
hold what is called the Appellate
Term" and in the Second Depart
ment appeals from the judgments OF
the County Courts and the Courts OF
Special Sessions are heard before a
similar body. Justices are assigned to
hold the Appellate Term from month
to month. The effectiveness Of an APP
pellate tribunal depends largely upon
the ability Of its members to work
together, and with this end in view
the revised Constitution provides that
there shall be an Appellate Term OF
the Supreme Court in the First and
in the Second Department consist
Ing Of not less than three nor more
than nve Justices Of the Supreme
Court. to be designated annually by
the proper Appellate Division. three
Of whom shall constitute a quorum.
the concurrence Of a majority being
necessary to a decision. All appeals
from orders and judgments in civil
cases made by County Courts within
those departments. and all appeals
from judgments ana orders made by
the City Court OF the city of New
York and tho Municipal Court OF the
city of New York. and Courts of Spe-
cial Sessions Of the city of New York.
as such courts now exist or may here
after @ consolidated or r~eorganized,
pursuant to the revised Constitution
and by all other inferior local courts,
except courts held by justices of the
peace. City Magistrates Courts and
Courts Of Special Sessions held by one
City Magistrate only within such de-
partments (which latter class of APP
peals are heard by the Court of Gen.
eral Sessions). shall be heard at the
Appellate Term. The judgment Of the
Appellate Term Is TO be final. no APP
peal from II being allowed as Of right,
expect where that u on reversing
or modifying a judgment makes new
findings Of fact and renders Judgment
on such new findings: but the proper
Appellate Division may in any case.
in Its discretion, allow an appeal 10
1t from a Judgment of the Appellate
Term.
These provisions look to the dis
tribution of the business of the Su-
preme Court In he First and Second
Departments in an equitable manner
so as to fully utilize the entire judi
cial establishment In those depart
ments and to avoid the necessity of
further increases in the number OF
Justice. unless despite the proposed
reform in procedure the increase In
litigation shall become so great that
the number Of Justices provided, even
when every OF them is performing
to the full all the duties Of which he
is capable, cannot keep abreast OF
the work.
GEORGE W. WicKERsHAM.
New YORK. October l6.