New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-25
STATE CONSTITUTION.


IN cqsc Of the deqth, r,signGtion or othsr
@ ooart ae.grSte IT'D 70 s.rgs as as.odte udg,'
NJ the court Of appeals as IN th.s gTiicr Wo,
rided. "a, court " appeals 'haH des,vIig ~ sii
place in IKE n,qnn,r rs u ORIGINALLY 80 dssg,
nated. Each ~ the Jn'fices ~ ~ ehp',pnr H.
court uhii, scrring a. associate jhgWt ~.
count Of dppCdis ~ herein prOrtded hdH ~
ceii, from the stqte the sumo compensation ~
the eiscfcd GssOcfdfr tudges of nc coht W ~
peGls. IDOn the termination Of me d'slqnl..w,"
Of Justice Of the supreme court gs dssp."s,
jufye Of the court ~ dppcdh uh0 Mh,h ~
Originated uds q Justice ~ an dppcmd!c ~
risioa. he shall return 20 such dpp,utit,'. rc 90
Uision unicss the trim NJ MS G'sIghdttDH fN','ty
SHIN harr crpired and shall not sdre V,H
rCnen,d by ne gor"n9r. Iaf aDp ~, az ~.
ris!on moD dcsgndte other lasttces o. m' d,,l.
PRIME cont 70 st IN the appellate ht ''oh , qr
ing the absence Of regularly dsslOncd ynatt',,
~ such d,risiOn ssrring az dssDcNts IruV,s "
inc court ~ appcqh. ~ cdsc ths y ,aSt ocfion
u'crssgrV. Whenever and as often ~ l,,T
joriiy ~ the Judges Of the conrt Of appear,
shall certify 10 the governor tnat Si't ~
causes pending therein 10 hear anu plrlpsr y.
the same with reasonable speed inc Ey''I"o,
shall designate not more than four JUSTICES "i
the supreme court 10 servo a. associate JUICES
~ the court 81 appeals. The justices 10 desig-
mated shall be- relieved from their uuIes Ss
justices ~ the supreme court and shall serve
~ Associate judges Of the court OF sppenI,
until the causes ndi,posed Of In said court
ar reduced to two hundred when they shaII
return to the supreme court. Inc SpV'thpr
may designate Justices Of the supreme court 10
nll vacancies. 40 justice shall serve as as.
socatc Judge Of the court Of appeals eherpt
premc court. aud no more than seven Judges
shall sit in my case. ..,s %
dispose Of It's business without delays when
now occur in reaching eases for hearing ~ i
pro, ided by the amendment to this section th1t
tn court shall be- permanently composed 81 ten
frsfs Of ~
several years past three supreme court Justl''o
have been sitting IN the court OF appeals u!
Justices AT present 80 serving are contnn'u -
judges Of that court until the expiration OF
their respective terms Of Office. their Successors
To b. chosen by the electors Of the state.
The court j. further authorized To designate any
Justice Of the supreme court to serve JurIu-
the temporary absence or inability II reguiariy
assigned Justice but for not more than Tour
months in any year. For the purpose
OF disposing with reasonable speed OF an &c
cumulation Of upwards OF $40 causes nov
pending In the court OF appeals, the court Is
required on or before March !. 1916. 70 call
in not less than four. nor more than ak
justices Of the supreme court 70 sit as Assoc
ciate Judges OF the court OF appeals until the
number Of pending cases shall be reduced 10
one hundred. but not later than December 81,
1917 when they shall return TO the supreme
court. During such period, the court 10 re-
quired to sit In two parts or seven JUDGES
each, five Of whom shall form quorum: me
justices Of the supreme court so sitting shaIl
be divided as equally as may be between the
two parts. and the pending causes are TO be
distributed as nearly equally as may be be-
tween the two parts Of the court To prevent
an undue accumulation OF cases in the future
the court Of appeals Is required hereafter 20
cause a calendar Of appeals pending therein
10 be made and published at least once IN
every year. and whenever on the first DAY OF
January In any year after the present acr
emulation of causes has been disposed OF
there shall be more than five hundred causes
pending uniispOsed Of on It's calendar, the
court is required in the manner above pro-
i. ia gf no
court to serve as associate judges OF me
court Of appeals. 20 sit in two parts, and
distribute the pending cases between those
parts for disposition until the nulnber OF
causes pending on the calendar shall be re-
9uced to ono hundred. but not later than untll
tho expiration OF one year from making such
designations. Whereupon the justices OF the
supreme court shall return to that court ana
the court OF appeals resume It's sessions IN
one part Provision Is made for hlling
vacancies In case Of the death. resignation,
etc OF one Of the designated supreme court
justices so designated. Those Justices wnlIe
serving In the court Of appeals are 10 receive
from the state the same compensation az the
elected associate judges of that court. Upon
the termination Of the designation Of any
supreme court Justice to sit In the court OF
appeals who. when 80 designated had been
assigned to appellate division. ne snail re-
turn to that division. unless the term OF his
designation thereto shall nave expired ana
shall not have been renewed by the governor.
The appellate division * authorized 70 deslS-
nate other justices Of the supreme court 70
IN I'm the appe late division during the alb
sence OF any regularly assigned Justice OF
such division 10 serve in the court OF appeals
In case the business OF the dppehalr uiEisio"
shall so require.
Section rs 10. When vacancy shall occur
otherwise than by expiration Of term, In me
office OF chief or associate judge OF the court
~ appeais the same shall be nled. Tor n run
term at the next general election happening
not less than three months after such vacancy
occurs. and until the vacancy shall be so
0lled the governor. 10y and with the advice
and consent OF the senate, II the senate shall
In an q
NAV nll such vacancy by appointment. II any
such appointment OF chief judge shall he made
from among the associate Judges, tetnP9ro
arv appointment OF associate Judge shall be
made I'm like manner. but In such case. me
nerson appointed chief judge shall not be
deornsd 10 vacate his office OF associate Judge
any longer than until the expiration Of hts
an1ointment as chief Judge. The powers
and Jurisdiction Of the court snail not be
ton, when the number OF judges Is suflcient
70 constitute quorum All appointments
under this section shall continue until ana
Including the last day OF December next atter
the election at which the vacancy shall be
"'i Section lsl H. After the last day Of De,
s sn9 iTnlnS Siy d5teen. The jurisdiction OF
,be court Of appeals except where the judg-
rnent is of death, or tchcre the dppeICte d.
iiSiou OF reversing or mOdVUn0 judgment
,noLe, nstr findings Of fdct aud renders judy
,nS,tt thereon, shall be limited to the review
~ nt,esfions OF law. No unanimous decision
% % e snneIlate division OF the supreme court
.. 81 me ;bere is evidence supporting or tending
IN sustain finding Of fact or verdict not
W-scteI by the court. shall be reviewed by
The court Of appeals. Except where the Judg-
,nent is OF death, appeals may be taken. as
~ right. TO said court. only from judgments
~ orders entered upon decisions OF the appel
iate division OF the supreme court. finally de-
termining actions or special proceedings, ana
from orders granting new trials on exceptions,
,vbsre the appellants stipulate that upon
,fGrmance Judgment absolute shall be rem
deTsG against them. The appellate division in
any Department. Appeals may De tdfeH as OF
yight 10 the court Of appeals ~ The foliototnO
III where the Judgment {. Of death:
lJ1 From a Judgment or order entered upon
,bo dec,yion OF an appellate dirision OF the
suprSue count tChich finally determines an
Gc.ion or special proceeding trhere Is directly
iruolred the construction o. the constitution
Of tho state or Of the United states, or uhere
ore or more Ot the justices ohio heard the case
disssnts from the decision Of the court. or
There the Judgment Of the trsd! court is
al From an order Of an appellate division
Of the supreme court granting a nec trial
gfdrmarce judgment absolute shall be res
III Tie court Of appeals may. however. allow
an appeal upon any IN any case where ~
which lin its opinion. ought 10 be reviewed
[by the court OF appeals
Jurisdiction OF the court OF appeals and the
right Of appeal thereto, but the right TO APP
peal shall not depend upon the amount in
Volved.
The provisions OF this section shall not
amply TO appeals taken 70 the court Of up
nsgis forders made or judgments rendered BY
ANY general terml before the last day OF De-
cember. one thousand leightl mine hundred
and lninety-hve.l ffteen. but iappealsI the
judgments or orders oppedlsd from shat! Be
ycricircd (therefrOm may be takenl under
existing provisions Of law
The court Of appeals may determine the
Qualifications ord prescribe the rules re0ulat-
ma The admission 10 practice Of attorneys
and couaseiOrs ~ the courts Of the state
ABSTRACT The amendment TO this section.
dealing with the Jurisdiction OF the