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

/ ju.tice Of zach department lln'if fGco T. /
fAll act as such during his term ,i "lu.'I =, ,
ann shall ba "a resident ~ the Department
The other justices shall be deslgna.-I ~ 49,.
s',rrc,re coHr, for .errris ~ five years or me
unoxplred portions ~ their respec GU -, zine
Of office II less than ave years. Gesigna-
90 time az the terms 81 tsucnl nc $500. '',
J. flone expire or yarauties occur. me gvL,',|..
fhel shall make now designations. u ~, Nc
fly 81 the justices so df-ltia,,I 80 shall
? appellate division boz each depaTlihe sn.,'
be residents OF the department Ten yh,ttiie, /.
I shah b, designated % Ftf ih me pPp' 49,, ],'-
diriSion IN The first dcpdUm'H f' U.. .I MI
me p~esidinO Justice thereof NJ am tim, s"u' !,
. ccrfVV - ne 00t' Inor Ndl ,"r nan desfg-
D justicc so rcquirc fhc OorcrHof fhnt ".e'y
nate fic0 additional tn,iiC,s 10 dosignationq
He may also make temporary -, '. ,'t
.nl IN case q The absence or lnahiiiil g." -
/ of fanyl q Justice o. 01U lin th.I "pi' 70.
2 division the presiding justice W'oW muy
osqfor or., a IA, ft,fipcs Of the 'upfswc
court 10 81 in The appellate diNifiyH ~.
yuch absence or iuGbihfV. bni no J".i,t, ' t.,r
be SO designated TO- so t"Hy'd , I'LL rresii-
. ing fdsiice 81 any appellate division s"',.
certify TO lhlml fh' gotPhof thAt one ,S ~.
more additional justices are neeu'i ~
f speedy di,posltion OF the business before Iil J.
tie gorcrnor shah designate such add. tiQHai
Justice OF justices. Whenever w Pirr'iie
4 division in any department shall 10 AI' 'ii.
; TO dispose Of IFS business within fedS"ht'i,
time. q ma jority 81 the presiding Jusl'D'St
the several departments ~ n n''e.l,,Sr,e,,, in
by the presiding justice or the drpti 'll''n' =.
/ arrears frnayl shall transfer such nhnb'T
Of the lanyI pending appeals as 'he pr, ,sd l,,
justiccy NAV dctcrmint 70 % 4,,sSSG1g Tor
4 hearing and determination. No Justlce VI "
. appellate division shall, Wlthih me .rP"ar
I mont 10 which he may be deslgndtel l" -
I form the duties 81 an appellate justice 49,
I else any Of the powers OF justice "l .ir
supreme court. other than those 3I " th.
OUT OF court, and those pertaining 10 " w
aupollafe division. or 20 the nearing anu "
4 cision Of motions submitted Toy consent ~
. counsel buy any such justice when nov actu
ff fIf
appellate Justice IN the department 10 Nh.Sh
be- !. designated may hold any term OF tnt
supreme court and exercise any OF the power 3
J OF Justice Of the supreme 'ohI. un an.
/ county or judicial district in any otheI He-
/ pariment OF the state. The appellate dir1Si0H D..
D Crccpf as hcroH prOrided, shdH, nGLc ~
. Jurisdiction non exercised bU u lFrom ana
' after the last day Of December. eighteen nun
lr,1 and uiucty-nNc. the appellate division
shall have the jurisdiction now exercised by
the supreme court a. its general terms anu
10y the general terms Of the couri 81 coniilvii
pleas TOR the city and county Of New noIk'
the superior court OF the city of New o'h;
{ the superior court Of Buffalo and the cry OF
Brooklyn,I and such additional Jurisdiction as
may be conferred by the legislature. On dP-
/ mails from judgments Of COdrictiOn ~ GRIM
. NAL cases the appellate diriSiOH o. the appel
' late term GS the case inGD o. mdD rcdhcc tn'
. sentence i'm posed by the trial court or jbGg'-
= IL shall have power to appoint and remove a
reporter. The justices Of the appellate ~
vision in each department shal nav ~ ~
TO FIX the times and places Tor holdlns W
Especial terms Of the supreme court thereIh'
B and to assign the Justices IN the departments
TO hold such terms IL. Tor TO make ru'eS
/ therefore,
ApsrrAcT.-Ths section is amended so as to
provide for the continuance Of the present
division II the state into four Judicial de-
partmcnts. II Increases The number Of JUS
ticcs Of the appellate division in the hrst de
yartment 20 NOT less than ten nor more imam
Twelve, and in the second department 10
seven. leaving five justices in each OF
the other departments, as at present pro
,idcd. In order To- make il possible for the
appellate division IN the first department 10
dispose OF thc growing volume OF us appchat'
business. when IN 1910 amounted 10 upwards
4 of / 800 appeals and $50 original motions -
nearly double that Of any other court III the
state the court Is authorized TO Ill in Two
parts. and II the presiding justice at any
time shall certify 10 the governor that the
nate two additional justices to sit IN that d.
vision. The presiding justice Of any appellate
division Is also authorized. IN case OF the
. absence or inability 10 act Of any justice
court 10 sit III the appellate division during
such absence or inabinty, but fot period
IS further provided that on appeals from JUG
ncnts Of conviction III criminal cases the ap-
pellatc division or the appellate term. a. III,
Ease may Ice, may reduce the sentence imposed
10y tho trial court or Judge For the purpose
ot better distribution Of the judicial business
OF tho department. the Justices OF the appel
late division in each department are given
power To- TX the times anu places for holding.
not only the spcci0i terms II the supreme
court tat WHICH equity cases Only are lIldhltls
but also all other terms Of the supreme court IN
that department. and - assign the justices In
the depa I'll ents 10 hold such terms. Inc oDso-
lete provisions referring to the court OF com
mon pleas for the city and county Of New
York. the superior court Of the city Of New
York. the superior court Of Buffalo and the
city court Of brooklyn, are stricken out.
section s. There shall be an appellate term 81
the supreme court tu the rTsf and IN the
second department consisting Of not less than
pr,Irc court 10 be dcSiOHdted annually bD the
appellate dir.SiOn ~ me supreme court IN such
apartments ffspccEiUciV. Such appellate d.
risiDus Ttsy'ctirciD mdg designate justices 10
az 90 tn appellate t,THl during the femPoiGig
disability " eng ~ ne justices WcrlouS'D
d,sigh1f,d. Three snail coHSf.tut, quorum.
GHd frC concurrence o. u mQjOrND ~ me Jns-
nccs sittthO shall bc necessary 10 q decision j..
All appcqis from judgments and orders IN cttil
tdscs made BY county courts TthH such a.
pGr'mc1is and all dpgcGS from judgments
and orders made by the city court Of the
citu Of NeiC York the municipal court Of the
citD OF Ncic York, the court Of special sessions
" the cify Of NciC York, as such courts nOw
C.-isf or as hereafter consolidated or TcOrgGE-
i1cd pursuant 10 this article. and by OIL other
UlrrOr lccdt courts, crccpt courts hcid Oy
justices Of thc pace, cify magistrates courts,
and courts ~ Sp'CiGi SfssioHs 6cid bD one Guy
mQgisfIGfr OHID, rithr SHcH dt pGTfnttnfS, ShQt
BE- hedrd a. the appellate term. The lcOlS!G-
fuTc may enlarge o. restrict the jurisdiction
Of Tho aperture tam. APPodis 10 the dppci-
late dtiison irom judgments ~ orders VI the
appellate term mGy b, fdAcr ds " rIght oi.y
chen ne dpp'i idtc term on reversing Or mod
fyiIg Judgm'nf Wdh's ncW lndingS % JCct
and Tcndcrs judgment thereon. 1pPedis 70 ne
GyBftdf, diJiStDn also Di1D be duOWtd by the
proper appellate division.
AssTEACr.--I new section provides that
/ the appellate term OF the supreme court in the
first and in the second departments which
now is composed Of three Justices changing
from month TO month. IN the future shall con-
/ sist Of not less than three, nor more than i've
Justices 10 be- annually designated 10y thu APP
/ pellate division, thus giving II greater perman-
J cncy ana anOrding an opportunity 10 the mem
lers Of the court 10 develop Into a more har-
mOnious working body than Is possible under
the present system. The appellate division is
also empowered 10 desisnat" Justices 10 81
IN the appellate term during the temporary
disability OF any Of those regularly designated.
The appellate Jurisdiction II the appellate
term embraces, Gelerdiy speaklng, appeals
from Judgments and orders OF Inferior courts
within such departments. subject TO exceptions
as 10 certain courts and limitations "a TO GER
tain Judgments and orders which clearly ap-
pear from tho text, but the legislature may
I enlarge OF restrict its jurisdiction. Appeals
To- thu appellate division from Judgments or
orders Of the appellate term are 10 be taken
/ a. of right only when the appellate term. on
/ reversing or modifying q judgment. makes new
4 finding. OF fact and renders Judgment thereon &,
but II j. provided that appeals 90 the appellate
division may Ice allowed by that court. This
amendment Is designed 10 relieve The appellate
i divisions from. the consideration u matters
which arc generally Of less importance than
those arising IN the supreme court. ana on the
other hand TO make u the appellate term i
/ digDihed and efficient branch OF the court.
Section 1917. No Judge or Justice shall sit IN
the appellate term. appellate division or In the
court Of appeals In review Of decision made
hy him or by any court Of which he was al
tie time a sitting member. The testimony
III equity cases shall be taken In ike manner
as In cases AT law. and, except as herein
otherwise provided, the legislature shall have
the same power 10 alter and regulate the
7 jurisdiction and proceedings In law and in
equity that IL has heretofore exercised.
3 AnsTKACT.-By this section rs amended the
present prohibition against Judge or JUstirc
sitting 10 the appellate division or IL the
court II appeals in review II decision made
by him or Dy any court Of which he was NJ
the time a sitting member j. extended TO the
ouneli,t, term the same reasons which induced