The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-11

powered to frame civil practice rules.
except at intervals OF ive years, and
then only after report by a commission
appointed TO consider the subject. We
give to the Judges Of the Court Of APP
peals and Supreme Court exclusively
power to make rules Of court to regulate
details OF civil practice. By these pro-
visions We not only do away with the
confused and complicated mass of
statutes which constitute the Code of
civil Procedure. but we substitute for
a rigid statutory regulation OF practice
rules OF court made to facilitate the
progress Of litigation without undue
tschnicalities and delays. ca We rec
ommend an increase In the number OF
Justices composing the Appellate Divi-
sion OF the Supreme Court In the first
department from seven to not less thai
ten nor more than twelve, and In the
second depa rtment from Ave to seven.
To supply this enlarged force. provision
Is made for the election of two new
Justices In the first district. In 1914
the Appellate Division In the first de-
partment disposed OF 1900 appeals and
$40 motions, more than double that OF
any other court in the state, except the
Appellate Division in the second de-
partment. which in 1914 decided about
20 per cent. Of that number. The
changes In organization n increase In
the number OF Justices recommended
are essential to cope with this great vol
ume of business.
Increase In Judges.
The number OF cases undisposed OF
In the Court OF Appeals has been
steadily increasing. II requires more
than two years after appeal taken to
that court before a case not entitled
To prAfaFAnra Gnu Ia raashAH for argyll
ment. There are now more than 500
cases pending before IL. We recon-
mend hat the number of permanently
elected Judges be increased to ten, and
that the three Supreme Court Justices
now sitting In the Court of Appeals by
designation OF the Governor be con-
tinued as Associate Judges OF the court
until the expiration of their respecti e
terms. after which their successors shall
be elected as Associate Judges Of the
Court CT Appeals. For the purposes Of
disposing OF the present accumulation of
business. we require the Court of APP
peals. within three months after the
Constitution takes effect. to designate
for temporary service In that court not
less than four nor more than six Justices
OF the Supreme Court and thereupon
to divide the Court OF Appeals into two
parts each OF seven Judges, each part
having equal jurisdiction to near and
dispose Of the cases which shall be dis
tributed between them by the Chief
Judge, When the accumulation OF cases
has been reduced to 100. but not later
than December 81. 1917. the Supreme
Court Justices are to return to their
court and the Court of Appeals is then
To resume its normal condition as a
single court. Similar provisions are
made to deal with accumulations OF
cases In the future.
In order ~ facilitate impeachment OF
officers Of the State in proper cases we
have provided that the Legislature. Of
Its own motion. may convene 10 take
action in the matter OF the removal
OF a Judge Of the Court of Appeals or
Justice Of the Supreme Court that the
Assembly, of its own motion. may con-
vene for the purposes OF impeachment.
and that the court for the trial OF inn
peachments may order all or any part OF
the testimony In any case to be taken
and reported by "A committee composed
of members OF the court. except that
the impeached officer must be allowed
To testify before the court II he so
desire. Applying the principle that 10
man shall serve as Judge in "A cause
in the outcome Of which he has a per-
sonal interest, We provide that on the
trial of an impeachment OF the Governor
or ACKNOWLEDGEMENT. neither Lieu
tenant-Governor nor the temporary
President OF the senate shall act as a
member OF the court