USA > New York > Courts and lawyers of New York; a history, 1609-1925, Volume II > Part 28
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County Courts-§14 (as amended on November 4, 1913). The existing County Courts are continued, and the Judges thereof now in office shall hold their offices until the expiration of their respective terms. In the County of Kings there shall be four County Judges. The number of County Judges in any county may also be increased, from time to time, by the Legislature, to such number that the total number of County Judges in any one county shall not exceed one for every two hundred thousand, or major fraction thereof, of the population of such county. The additional County Judges in the County of Kings shall be chosen at the general election held in the first odd-numbered year after the adoption of this amendment. The additional County Judges whose offices may be created by the Leg- islature shall be chosen at the general election held in the first odd- numbered year after the creation of such office. All County Judges, including successors to existing Judges, shall be chosen by the electors of the counties for the term of six years from and including the first day of January following their election. County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars. The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. Courts of Sessions, except in the County of New York, are abolished from and after the last day of December, one thousand eight hundred and ninety-five. All the juris-
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diction of the Court of Sessions in each county, except the county of New York, shall thereupon be vested in the County Court thereof, and all actions and proceedings then pending in such Courts of Sessions shall be transferred to the said County Courts for hearing and determination. Every County Judge shall perform such duties as they may be required by law. His salary shall be established by law, payable out of the county treasury. A County Judge of any county may hold County Courts in any other county when requested by the Judge of such other county.
Surrogates' Courts; Surrogates, Their Powers and Jurisdiction; Vacan- cies-§15. The existing Surrogates' Courts are continued, and the Surro- gates now in office shall hold their offices until the expiration of their terms. Their successors shall be chosen by the electors of their respective counties, and their terms of office shall be six years, except in the County of New York, where they shall continue to be fourteen years. Surrogates and Sur- rogates' Courts shall have the jurisdiction and powers which the Surrogates and existing Surrogates' Courts now possess, until otherwise provided by the Legislature. The County Judge shall be Surrogate of his county, except where a separate Surrogate has been or shall be elected. In counties having a population of more than forty thousand, wherein there is no separate Surrogate, the Legislature may provide for the election of a separate officer to be surrogate, whose terms of office shall be six years. When the Surro- gate shall be elected as a separate officer, his salary shall be established by law, payable out of the county treasury. No County Judge or Surrogate shall hold office longer than until and including the last day of December next after he shall be seventy years of age. Vacancies occurring in the office of County Judge or Surrogate shall be filled in the same manner as like vacancies in the Supreme Court. The compensation of any County Judge or Surrogate shall not be increased or diminished during his term of office. For the relief of Surrogate's Courts, the Legislature may confer upon the Supreme Court in any county having a population exceeding four hun- dred thousand, the powers and jurisdiction of Surrogates, with authority to try issues of fact by jury in probate cases.
Local Judicial Officers-§16. The Legislature may, on application of the Board of Supervisors, provide for the election of local officers not to exceed two in any county, to discharge the duties of County Judge and of Surrogate, in cases of their inability or of a vacancy, and in such other cases as may be provided by law, and to exercise such other powers in special cases as are or may be provided by law.
Justices of the Peace; District Court Justices-§17. The electors of the several towns shall, at their annual town meetings, or at such other time and in such manner as the Legislature may direct, elect Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may
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be regulated by law. Justices of the Peace and Judges or Justices of inferior courts not of record, and their clerks, may be removed for cause, after due notice and an opportunity of being heard by such courts as are or may be prescribed by law. Justices of the Peace and District Court Justices may be elected in the different cities of this State in such manner and with such powers, and for such terms, respectively, as are or shall be prescribed by law; all other judicial officers in cities, whose election or appointment is not otherwise provided for in this article, shall be chosen by the electors of such cities, or appointed by some local authorities thereof.
Inferior Local Courts, Children's Courts, Courts of Domestic Relations -§18 (as amended November 8, 1921). Inferior local courts of civil and criminal jurisdiction may be established by the Legislature, but no inferior local court hereafter created shall be a court of record. Except as herein provided the Legislature shall not hereafter confer upon any inferior or local court of its creation any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon County Courts by or under this article. The Legislature may establish Children's Courts, and Courts of Domestic Relations, as separate courts, or as parts of existing courts or courts hereafter to be created, and may confer upon them such jurisdiction as may be necessary for the correction, protection, guardianship and disposi- tion of delinquent, neglected or dependent minors, and for the punishment and correction of adults responsible for or contributing to such delinquency, neglect or dependency, and to compel the support of a wife, child, or poor relative by persons legally chargeable therewith who abandon or neglect to support any of them. In conferring such jurisdiction, the Legislature shall provide that whenever a child is committed to an institution or is placed in the custody of any person by parole, placing out, adoption or guardianship, it shall be so committeed or placed, when practicable, to an institution gov- erned by persons, or in the custody of a person, of the same religious persua- sion as the child. In the exercise of such jurisdiction such courts may hear and determine such causes, with or without a jury, except those involving a' felony. Except as herein otherwise provided, all judicial officers shall be elected or appointed at such times and in such manner as the Legislature may direct.
Clerks of Courts-§19. Clerks of the several counties shall be clerks of the Supreme Court, with such powers and duties as shall be prescribed by law. The Justices of the Appellate Division in each department shall have power to appoint and to remove a clerk, who shall keep his office at the place to be designated by said Justices. The Clerk of the Court of Appeals shall keep his office at the seat of government. The Clerk of the Court of Appeals and the Clerks of the Appellate Division shall receive compensation, to be established by law and paid out of the public treasury.
No Judicial Officer, Except Justice of the Peace, to Receive Fees; Not to Act as Attorney or Counsellor-§20. No judicial officer, except Justices
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of the Peace, shall receive to his own use any fees or perquisities of office; nor shall any Judge of the Court of Appeals, or Justice of the Supreme Court, or any County Judge or Surrogate hereafter elected in a county having a population exceeding one hundred and twenty thousand, practice as an attorney or Counsellor in any court of record in this State, or act as Referee. The Legislature may impose a similar prohibition upon County Judges and Surrogates in other counties. No one shall be eligible to the office of Judge of the Court of Appeals, Justice of the Supreme Court, or, except in the county of Hamilton, to the office of County Judge or Surro- gate, who is not an attorney or counsellor in this State.
Publication of Statutes-§21. The Legislature shall provide for the speedy publication of all statutes, and shall regulate the reporting of the decisions of the courts; but all laws and judicial decisions shall be free for publication by any person.
Terms of Office of Present Justices of the Peace and Local Judicial Officers-§22. Justices of the Peace, and other local judicial officers pro- vided for in sections seventeen and eighteen in office when this article takes effect, shall hold their offices until the expiration of their respective terms.
Courts of Special Sessions-§23. Courts of Special Sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be pre- scribed by law.
ARTICLE VII.
Section I of Article VII, which deals with the finances of the State, ordains that the credit of the State shall not in any manner be given or loaned to or in aid of any individual, association or corporation. Section 2 gives the State power to contract debts in anticipation of the receipt of taxes and revenues, but short-term bonds issued must be redeemed with interest within one year from date of issue. During a state of war, the Government may, by Section 3, contract debts for longer terms, but the money raised must be applied only to war needs. Section 4, as amended on November 2, 1920, provides that, with the exception of the emergency requirements specified in Sections 2 and 3, no debt shall hereafter be con- tracted by or in behalf of the State, unless such debt shall be authorized by law, for a distinct and specified purpose; and that no debt hereafter author- ized shall be contracted for a period longer than that of the probable life of the work or object for which the debt is to be contracted. Section 5, as amended on November 2, 1920, deals with Sinking Fund provision. Section 6 forbids any official of the State from auditing, allowing, or paying any claim which, as between citizens of the State, would be barred by lapse of time. Section 7 states that the Forest Reserve, as now fixed by law, "shall be forever kept as wild forest lands," but this section, as amended on November 5, 1918, permits the State to carry through certain public works within the area. Section 8, as amended on November 5, 1918, and by two separate amendments approved by the People on November 8, 1921, states
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that the Legislature shall not sell, lease, or otherwise dispose of the Erie Canal (except certain named portions and tributory canals), the Oswego Canal, the Champlain Canal, the Cayuga and Seneca Canal, or the Black River Canal; but they shall remain the property of the State and under its management forever. Section 9 forbids the imposition of canal tolls "on persons or property transported on the canals." Section 10 authorizes the Legislature to decide questions of canal improvement. Section II authorizes the Legislature to make annual appropriations for the payment of interest and principal of State debts. Section 12, as amended November 2, 1920, authorizes the creation of debts for improvement of highways, but only in the manner provided in section four of this article. Section 13, which was adopted on November 6, 1923, provides for the creation of a debt not exceed- ing $45,000,000 to provide for the payment of bonuses to honorably dis- charged soldiers, sailors and marines of the World War, who were actual residents of the State at the time of their enlistment.
ARTICLE VIII.
Section I deals with the formation of corporation. Section 2 is regard- ing dues from corporations. Section 3 defines the term "Corporations." Section 4 required the Legislautre to, by general law, conform all charters of savings banks and institutions for savings to a uniformity of powers, rights and liabilities; such corporations shall have no capital stock, nor shall the trustees thereof, or any of them, have any interest whatever in the profits of the corporation. Section 5 forbids the suspension of specie payments by any person, association or corporation issuing bank notes of any description. Section 6 governs the registry of all bills, notes or other paper money emitted. Section 7 states the liability of stockholders of banks. Section 8 makes billholders of insolvent banks preferred creditors. Section 9 forbids the use of State funds in any private undertaking, with certain exceptions. Section 10, as amended November 6, 1917, forbids any county, city, town, or village to lend its money or credit in aid of any association or corporation, excepting for poor relief as may be authorized by law; the section also defines the limitations of indebtedness of counties and other civil divisions. Section 11 provides for a State Board of Chari- ties. Section 12 authorizes the Governor to appoint members of that Board. Section 13 continues existing laws relating to charitable institutions. Sec- tion 14 permits the Legislature at its discretion to provide for the education and support of the blind, the deaf and dumb, and juvenile delinquents. Section 15 provides for the continuance in office for the term for which they were appointed all commissioners of the State Board of Charities and of the State Commission in Lunacy who were in office when the present Constitution took effect.
ARTICLE IX.
Section I states that "The Legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this State may be educated." Section 2 continues the corporation created
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in 1784 under the name of The Regents of the University of the State of New York. Section 3 relates to certain school funds. Section 4 forbids the use of the property, credit or public funds of the State in aid of any denom- inational school.
ARTICLE X.
Section I relates to the election of county officers, and authorizes the Governor to remove any county officer if he deems it advisable, after having given said officer an opportunity of stating his defence of the charges against him. Section 2 provides for election or appointment, as the Legis- lature may direct, of all county officers not provided for in this Constitution. Section 3 states that the duration of any office not provided for in the Constitution may be declared by law. Section 4 states that the time of electing all officers named in this article shall be prescribed by law. Section 5 authorizes the Legislature to fill vacancies in county offices by appoint- ment. Section 6 states that the political year and legislative term shall begin on the first of January. Section 7 provides for the removal of all officers, except judicial, for misconduct or malversation in office. Section 8 gives the Legislature the right to declare the cases in which any office shall be deemed vacant when no provision is made for that purpose in the Constitu- tion. Section 9 forbids any officer whose salary is fixed by this Constitution receiving any additional compensation.
ARTICLE XI.
Section I declares that "all able-bodied male citizens between the ages of eighteen and forty-five years, who are residents of the State, shall con- stitute the Militia," subject to exemptions created by law. Section 2 deals with enlistment of volunteers. Section 3, with the organization of a force of not less than 10,000 enlisted men. Section 4 gives the Governor the power to appoint all chiefs of the several staff departments; he shall also nom- inate, and with the consent of the Senate appoint, all major-generals. All other commissioned and non-commissioned officers shall, by Section 5, be chosen or appointed in such manner as the Legislature may deem most conducive to the improvement of the militia. Section 6 states that com- missioned officers shall be commissioned by the Governor, as Commander- in-Chief, but no officer shall be removed unless by the Senate on the recommendation of the Governor, or by sentence of court martial, or upon the findings of an examining board.
ARTICLE XII.
Section I, as amended November 7, 1905, gives the Legislature control over cities and incorporated villages, restricting the power of the latter in taxation, assessment, borrowing of money, contracting of debts and other matters affecting their credit. Section 2, as adopted November 6, 1923, for- bids the passage by the Legislature of any but general laws that relate to the property, affairs or government of cities. Section 3, as adopted Novem- ber 6, 1923, gives every city the power to adopt and amend local laws not
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inconsistent with the constitution and laws of this State. Section 4, as adopted November 6, 1923, declares that the power of the Legislature to enact laws relating to local matters, "other than property, affairs, or govern- ment of cities" is not restricted. Section 5 leaves to the Legislature the right to determine what further powers of local legislation and administra- tion may be conferred on cities. Section 6, as amended November 6, 1923, provides that all local elections shall be in odd-numbered years, so as not to interefere with State and National elections. Section 7, as adopted November 6, 1923, continues existing charters, and other laws.
ARTICLE XIII.
By Section I, members of the Legislature and all officers executive and judicial, except such inferior officers as shall be by law exempted, shall take the Oath of Office set forth in the Constitution. Section 2 states that any officer who accepts fees or perquisites, except in payment of his legal salary, shall be deemed guilty of a felony. By Section 3, any person who offers a bribe to an officer shall also be so classed, and be liable to punishment. By Section 4, the person charged with receiving the bribe may testify against the giver. Free passes, franking privileges, and such like perquisites, may not be accepted by public officers, according to Section 5. Section 6 pro- vides for the removal by the Governor of any District Attorney who shall neglect to prosecute any person charged with violation of the laws in his county.
ARTICLE XIV.
Section I provides that amendments to the Constitution, after having been approved by a majority of both houses of the Legislature during the same session, and the approval of both houses of the Legislature chosen at the next general election, the proposed amendment or amendments shall be submitted to the People at the next general election, for their ratification or rejection. In the event of ratification, said amendment or amendments shall become part of the Constitution from and after the first day of January next after such approval. Section two states that the question: "Shall there be a convention to revise the Constitution and amend the same" shall be put to the People in every twentieth year from 1916. Section 3 states that any amendment proposed by a Constitutional Convention and submitted to the People coincidentally with one on the same subject submitted by the Legislature shall, if approved, be deemed to supercede that offered by the Legislature.
ARTICLE XV.
provides, in its one section, that the Constitution submitted in 1894 should, if ratified, take effect on January 1, 1895, "except as herein otherwise provided."
CHAPTER XXXVI. CONSTITUTIONAL HISTORY. The Judiciary Bill of 1925.
During recent years the advisability of amending the ju- diciary article of the existing Constitution has been much dis- cussed. A Constitutional Convention, sitting in 1921, consid- ered almost all phases of it, aided in their deliberations by the facts presented by many committees-of bar associations, ju- dicial and civic bodies-the movement culminating in the two bills upon the subject introduced in the Senate in 1924 and 1925. The Schackno bill was passed by the Legislature of 1924, and was presented again in the Senate on January 13, 1925, for second passage. The other bill, which is in effect iden- tical with, and takes the place of, that sponsored by Senator Henry G. Schackno, was introduced by Senator Cole, and bears date of January 22, 1925. It passed the Senate, but was amended by the Assembly. On the last day of the session the amendments were accepted by the Senate. The proposed new judiciary article will, therefore, come before the electorate, as a constitutional amendment, for approval or rejection, in No- vember, 1925. The measure, though differing considerably from the changes originally recommended, are the direct out- growth of the convention of lawyers and jurists referred to above. Briefly, one of the original proposals was to abolish the county courts of New York, Bronx, Kings, Queens and Richmond, by transferring their criminal jurisdiction to the Court of General Sessions, and their civil jurisdiction to the City Court, the latter, like the General Sessions, being made city-wide; the county judges would, in the reorganization, be continued, for their present terms, in the enlarged new Court of General Sessions. Under the Schackno and Coles bills, however, the county courts, instead of being abolished, would
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be continued in their present jurisdiction, and the terms of the judges would be extended from six to fourteen years. The Court of General Sessions would remain undisturbed, func- tioning as the criminal court in New York County only ; but the City Court would be extended, to take the civil cases from the county courts of Greater New York, outside Manhattan, e. g., in Kings, Queens, Bronx and Richmond. Another change would extend the terms of surrogates in every county to fourteen years. Another most vital amendment would take the subject of judicial salaries out of the Constitution alto- gether, thereby making future modifications matters for only legislative action. As these amendments may become organic law, the proposals justify more extensive review herein.
The act of April 30, 1921,1 authorized the convening of a Constitutional Convention, to be constituted of one judge of the Court of Appeals, one justice of the Appellate Division of the Supreme Court in each judicial department, one justice of the Supreme Court in each judicial district, the attorney-gen- eral, three Senators, three Assemblymen, and one attorney and counsellor-at-law from each of the nine judicial districts of the State, making in all thirty members of the convention, which was to meet for organization on May 10, 1921.2 On that day the members convened at the Capitol in Albany, and organ- ized by electing Judge Pound permanent chairman. Attor-
I. Chapter 348, Laws of 1921, p. 1129.
2. Promptly upon the passage of this act, the Court of Appeals chose Judge Cuthbert W. Pound; the several Appellate Divisions chose Justices Lambert, Laughlin, Putnam and Woodward; the justices of the several Judicial Districts chose Justices Benedict, Borst, Crouch, Kellogg, Marcus, Newburger, Rudd, Sawyer and Young; the President of the Senate desig- nated Senators Burlingame, Whitley and Cotillo; the Speaker of the Assem- bly designated Assemblymen Cole, Donohue and Duke, and the Governor appointed to represent the Bar of the several districts Messrs. Clearwater, of Kingston; Cobb, of Syracuse; Dykman, of Brooklyn; Hill, of Norwich; Kenefick, of Buffalo; Guthrie, of New York; Rogers, of Hudson Falls; Sutherland, of Rochester, and Wallin, of Yonkers .- See "Judiciary Consti- tutional Convention of 1921," Report to Legislature, January 4, 1922, Legis- lative Document (1922), No. 37.
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ney-General Newton became vice-chairman, and Herbert L. Smith, secretary.
At the outset the convention had the reports and discus- sions of the Constitutional Conventions of 1894 and 1915 to base their deliberations upon; and the executive committee considered the recommendations of many committees, being waited upon, then or later, by committees of the New York Courts, by the Association of the Bar, by the New York County Lawyers' Association, the State Bar Association, and other interested bodies. It was necessary to recognize in the first instance, before drafting any amendments that they were considering, "a complex judicial system which had developed, not always logically or scientifically, with the growth of a great State, and which vitally affected an urban and rural population of eleven million inhabitants, more than three times the population of the United States when the Federal Constitution was framed and adopted, and larger than the population of several independent nations at the present time."3
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