New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-05
cTATr CONSTITUTION.

at Of so aS,'snarIon, rh-r,up0r 81, i~
face, % Designated 'AeH return TO me '"'''"'
IN ca,, Of ~. death, r,s'grGiion or o' PIP,
di.ab ftfv Of any o. the ivsiic,s Of ~, 'Hpi,m ~.
court dSsigrsf,G 10 serr, AZ q'soctai> l1,g
vtd,d. ne court ~ appeals ,hdI dergra'' a
tv,nc. Of the suprcr1c court 10 'rfte " ~
plse, IN ~, mgun,r az y ortsina.Y d. ,s s
mated Each 0f fhe iusf'crs " ~, 'hy ~.
court vhd, 'rrirs az d,'oc'1fe trsse 20.
court Of dpp,dls az h>reir PROVIDED fdi -
ee'pe fro', ne 'tate thr .amt p5o'.,i ~ ar
prGfs Iron the TERMINATION ~ ne dfHgnp'z.r
~ jusfic, Of the suprt'Hs court as oS.o."
jgssg, o. ne eosf' 81 .'Sf's ., " aSp,i,ai, d.
'isf0H 4, shdH r>ferr 20 -gcb dpp'.iite o.
rlsi0p ur'rs, the term y h'' gshondlipn t''
'hdN h1re ,rpfred and ihdil not hats ri AZ
rislor ',av d>siCrafe Other insf,ccs y me 50
prem- cou'i 70 80 IN "a, Gppeilafs dirt''on sN..
ing no absence Of r,gnlariv a''isnrg i.'n'e,,
Of sucA d,ristor ,,,ving az assoc,afe judg'' 0,
* ags,iiat. s,,t-,on ,AaIl ,c,fcr sveh ectfor
neressIrr. Whenever and ts often - ma
jority ~ the judges Of the court OF sppesl.
shall certify TO the Eovrpor that 'sia coua..
cause. pending ther-,n. 70 hear and dispose -
the SANE With reasonable speed. the govern,
shall designate not more than four jl'uce, %
m. supreme court 20 serve is associate judge
Of the court Of appeals The justices so fesIg
nated shall be relieved from their dntl'' a.
justices OF the supreme court and snhil s'l
associate flGgrH on inc court OF hIF'".
until the causes undi'posed q 10 ah cgIri
are reduced 10 two hundred. WHEN they sn1l.
return 70 the supreme court. The governor
may designate justices Ok ths supreme 'ouI' -
social. Judge ~ the court o, appeals Except
while holding the Office Of justir" ~ me ~
shall sit In my case.
AssrfAcr. To enable the court ~ nppsa : 70
dispose o, It's business without delays whhh
now occur IN reaching casas Tor hearing, IL y
ovid Cd Nv he
the court shall BE- permanently composed OF lrn
Judges. instead * seven as 81 present. OF
several years past three supreme court )isti'e
have BEEN situnS In The court OF %.
designation OF The governor. and the th'fe
justices al present 50 serving are contlnneu
judges OF that court until The efpiFaton ~
their respective terms Of oTire. their successors
70 be chosen BY the electors Of the s'atr.
HE court Ia further authorized 70 designate sny
the temporary absence or inability ~ regularly
assigned Justice. but for not more than Your
o %o1 aspo.5. a an r,s ESQ 70. sp9 % o.
emulation Of upwards OF coo causes now
pending in tho court Of appeals ne court Is
in not less than four. more Than ak
Justices OF the supreme court 10 sit as a'so-
eiate Judges OF The court o, appel. INT. me no
ono hundred but not later than December 81
/ 1917, when they shall return 70 tho supreme
cr-rt. During, such period. ne oour' ~ rs
each, Eve OF whom shall form a quorum. Ihe
Justices o, the supreme court so .litlns shei
be divided as equally ss may - between ms
two parts, and the pending causes are 10 De
distributed Sc nearly equally as may oe ne
tween the two parts Of the court. To prevent
an undue accumulation CT cases In the future
the court ot appeals &, required hereafter 20
cause q calendar OF appeals pending therein
20 be made and published at least oncs N
every wear. and whenever on the Ar.t day 0,
January in any year after tho present &C
| emulation az causes has been disposed or
,h.r. shall b. more than ne hundred causes
ill., ~ ~ calendar
/ cour, Is required in the manner above pro
yided 20 designate justices OF the supreme
court 10 serve a. associate ludge' % ne
court OF appeals. 10 cit IN Two paris. ana
distribute the pending cases between those
parts for disposition until me numo-r OF
causes pending on the calendar shall bs re-
duced 20 one hundred. bit not later than until
the expiration OF one year from making such
designations. whe-eupon the justlces OF 'nee
.upr-r. court shall return 10 that court ana
/ IN. court O, appeals resume It's session, IN
ono part. Provision r. made FOR hlilng
. vacancies IN case OF tho death, resignation.
etc. OF ono OF me designated supreme court
/ justices 80 designated Those justices willis
serving in N. court OF appeals are 10 receiy
/ from tho state the same compensation as mo
elected associate Judges OK that court. Upon
F tha termination OF the designation OF any
supreme court Justice 70 sit In Jne corr, o,
assigned 20 an appellate division, he shall re-
| turn TO that division. unless tho term or MI,
designation thereto shall have expired ana
I shall rot have been renewed by the governor.
The appellate division Is authorized 20 desis-
MAJ. other Justices OF the supreme court %
III IN the appellate division during tho abb
.encc OF any regularly assigned Justice OF
such division 20 serve In The court or app-s :.
/ In case the business OF the appellate dlvision
Section ri 10. When a vacancy shall occur
I o,herryis. than by expiration or term. IN the
orTico OF chief or associate Judge or th- court
b OF appeals tho same shall be filed. Tor ,il
,errr AZ the next general election happerirg
not less than three months aftef ruch vacancy
oCcrrs ard urtU the vacsncy shall be 80
I -. ADVICE
and consent y, tho senate. II IN, senate shall
/ be I'm session. or n not IN session the governor
MAJ mn such yacsncy by appointment II any
1 guch sppoinfment OF chief Judge shall De made
from, among he associate Judges, temper
ary appointment OF associate Judge shall 30
made In Ike manner: but IN such case no
a.,rnsd 10 vacate his ofrice OF assoc Judge
any longer than until the expiration OF MS
eSt' ,,,t,r'ssi~,ion OF the court shall not De
,w.pent ef for vsnt OF appointment or elcc-
tlon when the number of juafes - s.i'leI,n,
10 constitute q quorum. All sppol ntinen's
80 mis- action shall continue until ana
inciusing the last day o, December next After
me election o. which Tho vacancy 'hsh ~
me- s,c,,on 1911 n After ,h- last FAY OK De
oor,hsr on. thousand frIsltl nth, hundred
ana ninety i've effc,n the r,'dics'2,m ,,+ .,
,ncn, H. OF death. or trhrre the appellate IT.
,,lsiot on -~rcrstno or piodVptn0 Judgment
makes r>,r finding, o. fact and rc''der, ipd9-
,..tt ,b.reon shall he limited to the review
-, ,7a,,,.s,fons OF law 80 unanimous decision
., snneIlste division OK the supreme court
thst there Is evidence supporting or tending
>, .ust,in finding ~ fact or a verdict not
directed by the court shall he reviewed ~
the court Of appeals Ekcept rhere we JuIs
~ in, TO said court. only from judgments
~ or1,rs entered upon decisions OF the appel %
lat. division OF the supreme court finally De.
ar,tnfrg actions or special proceedings. and
49,, order. granting new trials on exceptions,
/ where tho appellants stipulat- mat upon
arTance iad ,n. 1 ans0 .Opes. . division IN
snv A.partm-ntl Appeals floy he taken as Of
,tohf 10 the court Of appeals - ths foHou1"0
~ wh,re ne Judgment Is o. dedfs;
- PROM a Judgment o. ord,r ertsref upon
,he d,c4,ion o. ~ dppeHdte d,rtdon o. the
action o. special proosfd1n0 icher> - directly
ir-olt,d me construction o. The Constitution
Of fh- ,fc,c or o. the Irtted states, or 'cher-
%, ~ more Of the justices pho heo'd ne ooss
We,-,t, ron, TIE decision Of the court. ~
-, IA, Judgment Of th> trial covrt =,
reversed or modified:
o 5hl m' f ~ 'spr.tart stpslatss ,IGi upon
Sfesn.a.cc Judgment absolute 's'A b. re-
Tie court Of appcols may. however. allow
an appeal upon an} IN any Gaze ,nhere in
Ct, opir,on anestIon o. o, "a" " ,nv2.yed
iby the court - spy-aisl
Tn Legislature may furthec t"-ir'c, the
;yfrh, o, appeal thereto. but th' right TO NJ
n.ai shall no, depend upon fh- sr1o. mt in
voivei
The provisions ~ this section shall not
apply 20 opp>ais taken n the court Of -dp
,sals forf.rs made or judgments rendered by
any general term before the lsst day OF De-
Gambler, one thousand teghtl nIre hundred
and inine,y-nyc.l fiteen. but lsppealsl tho
,,top.,rts o. orders dPpedlsd from shall be
re,i-,rsf (therofrom may bs tassnl under
Existing provisions % law.
re cr.rt o. appeals may dct-rn,s-. me
Qualifications and prtscrfb. the ruIe, -cCrld,-
tro ths adr,issior 10 practice Of attorney,
crd courseiors IN the court, o. the -tnfs
APSrs.Cr The Amendment 10 this section
dealing With ;hs jurisdiction ~ tho
conr, Of appeals was framed With 4
RI % CARVING n. nriucip- thar