The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-14
Committee Urges Increase in
Personnel Of the Appel
late Division.
FOR BRIEF PRACTICE ACT

ne a solution OF the laws delay problem
Is the most important work which the
constitutional Convention Committee
on Judiciary. Of which ex-Attorney-Gen-
George w. wickersham is chair
man. has accomplished In a revised ju.
dietary article OF the Constitution. re-
ported to-day.
The committee In its report TO the con-
vention points out that the Code of Civil
Procedure furnishes abundant oppor-
tunities for delay. but that after the
cases are once on the trial calendars of
the court delays In reaching trial have
been greatly reduced in recent years. 1t
finds tho vice In the existing system Of
administering Justice in the complicated
rules which constitute the Code Of Civil
Procedure M in the constant legislative
tinkering with IL.
1t refers to the report mad to the
Legislature at its last session by a COM
mission appointed to consider defects in
the civil procedure. and recommends an
amendment to the Constitution which re-
quires the Legislature at Its next ses-
sion to act upo that report and to enact
into law a brief and simple practice act,
either that recommended by the commits
sion or another. and to adopt a separate
body Of civil practice rules to regulate
procedure in the Court Of Appeals, SUI
preme Court and County Courts.
The committee further recommends
that the IapRigIaftra h. ap,ncvvarot NJ
intervals Of not less than five years to
appoint a commission to consider and
report what changes. IL any. should be
made In the law and in the rules gov
erning civil procedure. that the Legisla-
ture shall act upon the report of such
commission by a single bill. and that.
subject only TO his provision. the power
to make and alter the rules governing
civil procedure be vested in the Judges
OF the Court OF Appeals and the SUI
preme Court. and the Legislature pro-
hibited from enacting any law affecting
the same except at the request OF those
Judges.
supreme Court Com mi%ssioners.
In connection with this reform in pro-
cedure, the committee also reports a
provision for the appointment by the
Appellate Divisions in the First and
Second Departments Of Supreme Court
commissioners. who must he members
of the bar of not less than ten years
standing. who shall not practice law
during their term Of Office, and who are
to have power to act as commissioners
to fix compensation when private prop
erty Is taken for public use. and to per-
form other duties devolved upon them
by special order or rules of court. and
xThn YAnN. hA t. ---.
practice act to determine the many ques.
tions of procedure that now occupy the
attention of the court.
The continuance of the official referees
now In Office is provided for and there is
a provision authorizing the appointment
as such referees ex-Judges Of the Court
Of Appeals or Supreme Cour who have
served twenty years in a court OF rec
ord. or at least one full term In the
Supreme Court or Cou OF Appeals,
In the New York ard Bronx counties
and in Kings, Queens and Richmond
counties the Appellate Divisions OF the
Supreme Court may appoint supreme
Court commissioners to act within the
city IN place Of condemnation commits
sioners to appraise property. AS at pres
ent. and in the other counties OF the
State the Legislature may authorize the
Appellate Divisions to appoint such com-
m~issioners. This would not interfere
with the Ashokan Dam appraisal COM
missioners, because the Supreme o
commissioners provided for in New York
city act outside that city.
Enlarges Court of Appeals.
The report next deals with the reor-
g~anization and the Limitation of the juris.
diction Of the courts. The provision re-
lating to the Court of Appeals is some
what novel. The report calls attention tC
the fact hat there are now upward OF
500 cases pending in THAI court. and tina,
about two years IL required to reach a
case for argument after Ii Is placed upon
the calendar. The court has made up nc
calendar since April 20, 1914. and the
arrears Of cases accumulate at the rate
of about 100 a year. The amendment
therefore, provides that the permanen,
cour shall be increased from seven tC
ten, the three Supreme o Justices al
present sitting by designation In tina
court to continue As Judges of the Couri
OF Appeals until the expiration of theii
terms.
1t Is Their provided that on o. before
March /, 1916. the court shall call ir
from the whole body OF supreme Cour|
Justices not fewer h a four or more
than six Justices and shall resolve itsel'
MO TWO pdTts, the pei Sousc
and the Supreme Court Justices beinf
equally distributed such parts
dhe Chief Judge of the court to apportior
the pending cases as nearly equally az
may be between these parts. which shall
then proceed to dispose OF the arrears %
business. When the cases on the calen'
dar have been reduced to 200, and in any
event not later December 81, 1917
the Supreme Court Justices shall return
TO their court and the Court OF Appeals
resume its normal condition as a single
body
The court IL required to make up q
calendar of the pending cases at Leaf
once in every year, and II on January
1 I'm any year there shall be more thar
Ave hundred cases pending. u~ndisposet
of, on this calendar. the Court shall
again call In the Supreme Court Justices
sit In two parts, and dispose OF suci
a~ccumulations. and when that Is &c
complished. and not more than one yea
later. the Justices shall again return t.
the Supreme Court and the Cour OF Ap
meals resume It's normal size.
To Enable the court to retain Its maxi
mum strength at all times. provision Il
made for calling in Justices of the Su
Dreme Court to take the places OF Judge:
of the Court of Appeals temporarily dis
qualified by absence or illness, but fol
periods not exceeding six months. Tit
report emphasizes the distinction estab
lished in the Constitution Of 1894, which
created the Appellate Divisions az courts
of appeal OF general Jurisdiction. an