New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-11
STATE CONSTITUTION.

court. .,h,,
N ease Of me dsath ,ssgHa,,'9,Gs or , 9,ng
CONT dfsiCu1fsd 70 serrs as dss9- ilif J44y,'
~ me court of Gpp>as CO IN fhis 4'tic. = Il
justice of m supreme court - s,r't 'J,sio-
piGce IN lfte mgHrcr Gs 81 ortgtH1uy - ,-,,,,e
Hqf@d. Edrh u me lHsnc's y in, s.g H.
conr' white s,rriHg qs dssoci1fe lng0, ~,
aunt of apDeai- ~ hrreir prOuif'1 Eng" -
rrirc tram the afffe me sumo cgUpfnsti"" ~
ma ciccfcd qss1ciqfc tidgcs NJ ne eon'f ~ ~
eCai. Tpon M termination Of hc designgi on
n % jnsfice nj me snpT'rf court a. h'sy- "t'
iudGs NJ the cont ~ dppc1s Whp 1nH -
f'siCH1f'f rqs lrsffe NJ ~ fgp.tr, ~
rifi0r. ~ shGH return - such dppeimt. ~
tisi,a nni.as me tam II his d'stgnqfinn fH,r,'
sigH hare orpred aud shall not hdye o,,"
tcneircd bD the gorc,r0'. me 1pp,iGN az
ris.on NAY dssignqf> ofher Iusficcs II the g.
prime cont ~ sf "a the appellate dit,HDN pNI
ing the absence = regularly dsrlgnff jrsi't,
~ gurh f.risi0E ssrrirg as Gss9chfc jld9.s D,
ne 'oWt y gppef', ~ race ihf yI7t' E,i.,
ne appellate firi'ioH sh1l rcrdct Sp'h 4'ilyA
rrrcsslfp. Whenever and o., often a. q -I5.
Jor.fy ~ ih" Judges OF the court OF app.i.,,
sha u certify ~ tho governor that said rouf
is unable ~ reason - The acc1wulhti'h
causes pending therein. - hear ana dispose ~
tho SAME with reasonable speed. 3D.. g1Yfrno.
shall designate not more than four Justices OF
the supreme court % serg" u5 ns-"rihte Jl1A =
~ the court Of appe'ls, lie justice s.. a-
Justices Of the supreme court and shall fof .'
as associate judges NJ the court N Appeals
until tho causes undisDosed " In said corr
return 70 tho supreme court IN. governor
may designate justices o. the supreme colft 20
On vacancies 20 justice shall serve a. ar.
s0ciafe Judge Of the court o. appeals efcr9t
yhile holding the office Of Justice N the 81
preme court and no more than seven judges
'1 Aas sr 10 70 'si sa5. IN. court OF appeals to
dispose - It's business without delays whirh
now occur In reaching cases Tor hearing ~ p,
provided ~ the amendment o. this. section mar
n, court shall be permanently composed % "a
judges instead Of seven az At present. or
several years past three supreme court jA.u'' b
have been sitting 10 the court Of appeals ~
Jisticcs ~ present 80 serving are continued -
Judges ~ That court until the expiration ~
Tho cogrt H. further authorized to designate ny
H. temporary lbsence or Inability % q regularly
assigned Justice, but FOR not moro fhah i9ir
m'utls ID . any year .og I'LL We ~ p pm ,c
curauIatlon ~ upwards ot 500 causes now
pending 10 tho court OF appeals. the court IL
required on or before March /. 1916, 90 CAL
Justices u tho supreme court 20 ST. az asso-
ciate Judges OF the court or appeals until -
number q pending cases shall be reduced 10
one hundred. but not later than Deccmter 81.
1917. when they shall return 20 the supreme
court During such period. the court r. re-
quired % 81 In two parts 0f seven judges
each FIVE Of whom shall form quorum. The
Justices Of the supreme court 50 .ltilnS fha 10
be divided as equally a. may be be" cen the
TWO paris. ana the p~ullfs CAUSES ARE TO M"
distributed a. nearly equally as may DO be-
tween the two parts Of the court To prevent
au undue accumulation OF cases IN the future
the court q appeals Is required hercai or 20
cause a calendar OF appeals pending therein
go be made and published al least onc3 IN
every year, and whenever on the hrst day Of
cumulation Of causes has been disposed o.
there shall be more than Eve hundred causes
pending undisposed ot on lts calendar no
I court Is required IN the manner above pro
videi 10 designate justices OF the supreme
court 10 serve a. associate Judges OF The
court OK appeals. 20 aft In two parts. ana
distribute fhe pending cases between those
parts fo- d spOsitlon until the number OF
causes pending on the calendar shall be re-
duced 20 one hundred but not later than until
tho expiration % one year rom MAKING slen
designations. whereupon the justices OF the
supreme court shall return 70 that court ana
the court Of appeals resume Us sessions IN
one uar. Provision IL made FOR f.iiug
vacancies IN case of tho death. resignation.
etc ~ one u the desl gnatei supreme court
t,g.t1ss 90 dcsirnafed Those Justices while
serving IN the court OF appeals are 20 receive
from The state the same compensation as the
elected associate Judges Of that court Upon
the termination Of the designation or any
supreme court justice 20 SIT 600 he court OF
appeals who. when 50 designated. mad been
p assigned 20 an appellate DIVISION ne sha!i re-
turn 70 that division. unless the term OF his
designation thereto shall have expired ana
snail not have been renewed by the governor
The appellate division Is authorized 10 desiS-
nate other justices OF the supreme court 20
IN IN the appellate division during me ah-
sence OF any regularly assigned justice Or
such dlvision 10 serve ia the court or appeals
In case the business Of the appellate division
shall so require.
section s TO- When a vacancy SHAH occur
otherwise than hy expiration az term, IN the
office OF chief or associate judge OF the court
o. appeals the same shall be filed. for a full
term. ~ the next general election happening
not less than three months after such vacancy
occurs. and until the vacancy shall nc so
eued The governor. By and with the advice
90 consent of the senate II tho senate shall
q .rf rOf y n
NAV nm such vacancy ~ sppoin ment. II any
such appointment ~ chief Judge shall b. made
from among the associate Judges temper
arg appointment Of associate Judge snall Dc
made In Ike manner, but In such case, the
person appointed chic Judge shall not he
deemed 10 vacate hi office OF associate Judge
80, LANCER than until the expiration az his
appointfn-ut ~ chief Judge The powers
ami Jurisdiction OF ne court shan not De
fion when tn. number % flIS's is sufficient
TO constitute quorum. Az appointments
MD his section shall continue until and
including tho las, tay q December next aftrf
The ei-riiou - which the vnrar-,y shall 30
s.c,,o, 1911 n After the last day II De
c.mher on. thousand lright ntns hundred
eTf fr,nety-nve. dfteer the jurisdiction OF
The court Of appeals. except where the judg-
men, Ia OF death. or tChere the appellate d.
rision on reversing OF nlodHEir0 Judgment
makes nsr fnd,r1s Of fact aud rerders jud0-
irsrt thereon. shall be limited 10 The review
- cueeti Ions - law. No unanimous decision
= Tb arpeI.ate division - the supreme court
tbst there Is evidence supporting o. tending
10 sustain a finding - fact, or verdict, not
H. cour, ~ appeals Except where the iudg
mont IL OF l.nth appeals may De taken, az
~ ,igh- 20 said court only from Judgments
or ordrfs entered upon decisions ~ the appel
ist. tiyislon of the supreme court finally de-
ferminlng actions or special proceeding and
from orders grrnting new trials on exceptions
o,srrsnce Judgment absolute shall be rem
dereI against them. The appellate division in
any department App>as n;dy o, taken , az ~
rtohf 10 the court Of appeals {" ~ foHoNH"o
ii gf.rs .hs Judgment 4. Of d,Gfh;
- d.r.,sfa,, al a., cppelint. division Of the
supreme court tohtch 1roiv drfe'mfneS an
action or spec,d! proceeding mhs'e Is DIRECTLY
- III. Stc,e or OF the United States, or iOhsrc
on, or NOR. OF tie tu'.iees uho hedrd tie case
ttI.ents fror, the decision Of the court, OF
reversed rrot or modified;
- from an order Of q, appellate dirtston
Of tie ssp-e'ns court 0ranttn9 a re,o trEdl
sfGrmancs Judgment at'olut- 'hdi! b. 'e~-
d.red aqair.t hin.
The oorr, o. Gppcol' may, how.Ver; a." ~,
Vs orfn'on q question OF law IS HUOlved
Witch lin i,s opinion ough, to be r-vi"wed
o The ,.' legislsturs may further rv-tr,c, IN,
Jurisdiction Of the court OK appeals 0nd tho
right Ok appeal thereto but the right 10 ap-
peal shall NOT nepcio NVoh 10" '"'n' ~
VOWED.
The provisions OF this section shsJl not
apply 20 appeals taken 70 tho court y Gp-
,s6i9 fordsrs made or judgments rendered 81
any general term before the last day az De
ccrnber one thousand leighti rtre hundred
and lninety-fvs. ffteer. hut fappealsI tt-
judgments o. orders appealed from shan De
ye,,ietrsf ltherefrom may bs takspl under
existing provisions o, law.
The court Of appeals may dsterr,ir- IN.
qualifications and prescribe ne rules rcOaiGi-
l,o The admission 20 prQctice Of dffOTtef5s
cnt c0urssio-s IN fhe courts Of the state
AnsrgAcT -Ths amendment 70 this section
dealing With the jurisdiction ~ tho
court OF appeals framed with
xiax Z n,.rxirx M The nrinctnle fhsf