The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-19

parts. and when the number Of &C.
cumulated cases shall have been re-
reduced to 100, but not later than
December 81. 1917. the Supreme
Court Justices shall return to their
own court and the Court OF Appeals
resume It's normal organization. The
court rs further required to make up
a calendar of pending causes at least
once in each year. and whenever on
the first dry Of January in any year
after the present accumulation or
aus shall have been disposed OF
there shall be more than 500 causes
pending undisposed Of on the calendar.
the court shall In the manner above
specified call in Justices Of tho Su-
preme Court to servo a. Associate
Judges Of the Court Of Appeals, shall
sit in two parts. distribute the pend
position until the number Of causes
pending on the calendar snail be re-
duced to 100. but not later than until
the expiration Of one year from the
date Of such designations, whereupon
the Justices 20 designated shall re-
turn to the Supreme Court. The limit
Of time 30 imposed is estimated to be
ample to enable the court to dispose
Of the accumulated cases. and It was
fixed 20 As to prevent what In intended
a. a temporary expedient to ripen into
a permanent institution.
Accommodations OF cases in the Court
Of Appeals in the past have been dis
posed Of by the Commission Of Appeals
created in 1872 to continue for three
years. and extended for two years
longer. and by the Second Division OF
the Court of Appeals created in 1888
and continued until 1892.
In both instances the Arrangement
was unsatisfactory to the bar. the
litigants and the State. 1t substituted
for the judgment OF the Court Of APP
peals that Of another tribunal. In each
case II vas felt to be a makeshift. and
II satisfied nobody. The present pro-
posed amendment seeks to avoid so far
as possible the objection to creating a
separate court by apportioning the per-
manent members of the Court Of APP
peals equally between the two parts,
In each OF which those Judges will be
In the majority. The Chief Judge. be-
ing left as the administrative head Of
the whole court. will be in a position
to supervise the work Of both parts
and thus prevent a diversity Of ruling
between them.
The provisions are intended TO oper-
ate automatically and to prevent in
the future any such accumulations OF
cases. with the consequent delays. az
have occurred in the past. Provision
is also made to enable the working
force Of the Court OF Appeals at all
times to be kept at its maximum eff
cheney by authorizing the court In case
Of the absence. through illness or 9TH
erwise. OF any one of its members. to
call In a Justice Of the Supreme Court
to take his place during such absence
| for a period not exceeding four months
in any one year.
An even more troublesome prob
lem than that arising out Of the ION.
dition of the Court of Appeals wal
presented in the case Of the Appellate
Divisions. The Appellate Division in
the First Department. which embraces
the counties Of New York and the
Bronx. consists Of seven Justices. and
that court during the period Of ter
years last past has disposed Of a
greater volume OF business than any
other court in the State. or. II Is safe
to say. In the country. During the
year 1914 It disposed Of 1900 appeals
besides $50 original motions. The APP
pellate Division in the Second De.
partment decided 100 appeals during
the same year. In the Third Depart.
ment about 400 were decided. and In
the Fourth Department 500. The
; volume OF busin, Is coming before the
Appellate Division in the First De
partment Is constantly increasing. and
the growing Importance Of the city o.
New York as a commercial centre Of
the world brings II II litigation at.
I fecting not only the Inhabitants o.
New York but OF every other part OF
the globe.
While It is the hope OF the members
Of the convention that the simplifed
procedure and the establishment OF
the Supreme Court Commissioners will
result In a diminu,ion OF litigation, II
Is rather a reduction in the volume
OF growth otherwise arising than In
the actual number OF controversies
now pending which they anticipate
BY extraordinary labors. the Appellate
Division in the First Department has
kept abreast OF It's work. and at the
close Of the year 1914 il had disposed
OF substantially every case argued be.
fore 1t during the year. The Appellate
Division in the Second Department,
was only second to that OF the FRS,
Department in the number OF case.
heard and decided. Both courts ar,
doing more than should reasonably
be demanded of any body of Judges.
In order to meet these conditions
the revised Constitution provides, first
for an increase in the number of Jus,
tices permanently detailed to the AID.
pellate Division in the First Depart.
ment from to ten, and for the
election in the First Judicial District Of
two additional Supreme Court Justices
Even this increase will not bring the
number Of Supreme Court Justices ir
that district up 10 the quota allowed
by the Constitution of 1894, OF one
Justice for each 10000 or fraction
over 10000 Of population. The Appel.
late Division in the Second Department
Is increased from five to seven Jus,
tices. No further increase In the
number of those elected in the dis.
tricts in that department was deemed
necessary, because the Legislature
very recently authorized two add,
tional Justices In the Ninth District
The Appellate Divisions are further
empowered In case OF the absence by
reason OF illness or otherwise of on,