USA > New York > Courts and lawyers of New York; a history, 1609-1925, Volume II > Part 40
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FIRST DISTRICT-N. Y. CITY AND COUNTY
Manhattan, and is composed of ten justices, who designate one of their number to be Chief Justice;10 the Court of General Sessions, of nine judges, which also is only for New York City, where it takes the same status as the County Courts of the other parts of Greater New York;11 the Surrogate's Court.12 These are courts of records. The inferior courts, not of record, are: Court of Special Sessions, consisting of twelve justices and one Chief Justice ;13 Children's Court,14 of one presiding justice and five justices ; and City Magistrates' Courts,15 hav- ing one chief judge and twenty-two judges for Manhattan and Bronx districts ; fifteen judges for Brooklyn, four for Queens County, and two for Richmond County. The Municipal Courts,16 with nine districts, with twenty-six justices in Man- hattan; two districts with four justices in the Bronx; seven districts, with eleven justices in Brooklyn; five districts, with five justices in Queens, and two districts, with two justices in Richmond, have been courts of record since 1915.
The City Court continues a Justices' Court, organized with
Io. City Court of New York, 1925-Peter Schmuck, Chief Justice; Alexander Finelite, Abraham G. Meyer, Edward B. la Fetra, Louis Wendell, Gustave Hartman, Joseph M. Callahan, Louis A. Valenta, Joseph V. McKee, Bernard L. Shientag.
II. Court of General Sessions of City and County of New York- Thomas C. T. Crain, former City Judge of New York, made a judge of Court of General Sessions by Section 6, Chapter 412, Laws of 1907; Otto A. Rosalsky, elected 1906; Joseph F. Mulqueen, 1907; James T. Malone, 1907; Charles C. Nott, 1913; William H. Wadhams, 1913; John F. McIn- tyre, 1916; Alfred J. Talley, appointed by Governor, December 28, 1920, vice Malone; Francis X. Mancuso, elected 1921, in place of Wadhams ; Morris Koenig, elected 1922; Cornelius F. Collins, elected 1922; George W. Olvany, appointed, January 1, 1924, in place of Thomas C. T. Crain; William Allen, appointed, August 1, 1924, vice George W. Olvany, resigned. 12. Surrogates of New York City and County-David Gelston, 1787; Sylvanus Miller, 1801; Ogden Edwards, 1807; Sylvanus Miller, 1808; John W. Mulligan, 1810; Sylvanus Miller, 1811; James Campbell, 1821; David D. Ogden, 1840; Chas. McVean, 1844; Alexander W. Bradford, 1848; Edward C. West, 1857; Gideon J. Tucker, 1862; Robert C. Hutch- ings, 1869; Stephen D. Van Schaick, 1875; Delano C. Calvin, 1876; Daniel G. Rollins, 1883; Rastus S. Ransom, 1888; John H. V. Arnold, 1893; F. T. Fitzgerald, 1893; Abner C. Thomas, 1899; John P. Cohalan, 1907; Robert L. Fowler, 1911; James Foley, 1919; John P. O'Brien, 1922.
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three justices in 1807, to handle marine cases. In 1819 it became known as the Marine Court of the City of New York. Under the Constitution of 1846, the Marine Court had general jurisdiction to five hundred dollars; and before it could be brought actions of assault and battery, false imprisonment, libel, slander, and so forth. Upon reorganization as the City Court, it became the civil branch of the ordinary County Court, the criminal branch, in New York City and county, being the Court of General Sessions. The City Court has jurisdiction to the extent of $2,000. Appeals from its decisions are taken to the Supreme Court, whose decision with certain exceptions is final.
In an amendment to modify the State Constitution, intro- duced in the Legislature in January, 1925, the New York City courts were affected. The bill was in effect the same as that sponsored in 1924 by Senator Henry G. Schackno and passed by the Legislature. The proposed reorganization of New York City courts is the outgrowth of a convention participated in by
13. Court of Special Sessions of New York City, 1925-Frederic Kerno- chan, Chief Justice; Clarence Edwards, Ellsworth J. Healey, Albert V. B. Voorhees, James J. McInerney, Daniel F. Murphy, Arthur C. Salmon, Moses Herrman, John J. Freschi, Henry W. Herbert, Thos. J. Nolan, Joseph D. Kelly, Wm. T. Featherston, Justices.
14. Children's Court of City of New York, 1925-Franklin Chase Hoyt, Presiding Justice; Samuel D. Levy, Robert J. Wilkin, Edward F. Boyle, Wm. Young, George J. O'Keefe, Justices.
15. City Magistrates' Court, 1925:
For Manhattan and Bronx-William McAdoo, Chief City Magistrate; James M. Barrett, H. M. R. Goodman, Richard F. McKiniry, Max S. Levine, George W. Simpson, Alexander Brough, W. Bruce Cobb, Bernard J. Douras, Joseph E. Corrigan, Edgar V. Frothingham, Frederick B. House, Francis X. McQuade, Norman J. Marsh, William A. Sweetser, Jean H. Norris, Stanley H. Renaud, Moses R. Ryttenberg, Jose Silbermann, Earl A. Smith, Thomas F. McAndrews, Charles A. Oberwager, Edward Weil, City Magistrates.
For Brooklyn-Edward J. Dooley, Geo. H. Folwell, Hyman Rayfiel, James T. O'Neill, Francis A. McCloskey, Louis H. Reynolds, Alfred E. Steers, James V. Short, John J. Walsh, Gasper J. Liota, Mortimer S. Brown, Harry Howard Dale, Lawrence C. Fish, Jacob Elperin, James J. Golden, City Magistrates.
For Queens County-J. J. Conway, Thomas F. Doyle, John Kochendor- fer, Harry Miller.
For Richmond-William T. Croak, Henry W. Bridges.
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members of the Bench and Bar during Governor Miller's term. The original proposal was to abolish the County Courts of Bronx, Kings, Queens and Richmond, and to transfer their criminal jurisdiction to the Court of General Sessions and their civil jurisdiction to the City Court. Both courts would be made city-wide. It was planned also to continue county judges in office as members of the enlarged Court of Special Sessions. Under the Judiciary Bill, which carries the Constitutional Amendment to the electorate in November, 1925, the County Courts, instead of being abolished, are to be continued in their present jurisdiction with the terms of the judges extended from six to fourteen years. The Court of General Sessions will still have jurisdiction in New York City only, but the City Court will be extended as planned to relieve the County Courts of the boroughs of Greater New York outside of Manhattan of all civil cases. The amendment extends the terms of surro- gate in every county to fourteen years, as is the case in New York County. It also takes the subject of judicial salaries out of the Constitution, thereby making future modifications possi- ble by legislative action only.
The sections of the proposed amended Judiciary Article of the Constitution that greatly affect New York City are Nos.
16. Municipal Courts, Greater New York City, 1925:
For Manhattan-James A. Coffrey, Wm. F. Moore, John Hoyer, Henry G. Schimmel, Jacob Panken, Morris Eder, Wm. Blau, Lester Lazarus, Thomas E. Murray, Thomas F. Noonan, Michael F. Blake, John G. McTigue, Frederick Spiegelberg, Abram Ellenbogen, Thomas J. Whalen, Jacob Marks, Timothy A. Leary, John R. Davis, S. Clinton Crane, Samson Friedlander, Leopold Prince, Carroll Hayes, Edgar J. Lauer, William Chil- vers, George L. Genung, William C. Wilson, Justices.
For Bronx-Peter A. Sheil, Ely Neumann, William E. Morris, James J. Fitzgerald.
For Brooklyn-James A. Dunne, John R. Farrar, O. G. Esterbrook, William J. Bogenschultz, Charles J. Carroll, Jacob S. Strahi, Cornelius Furguson, Edgar M. Doughty, William D. Niper, Charles B. Law, Harrison G. Glore.
For Qucens-John H. Hetherington, John M. Cragen, Adam Christman, Jr., Henry G. Wenzel, Edward Kelly.
For Richmond-Thomas C. Brown, Arnold J. B. Wesmeyer, Justices.
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II, 12, 13, 14, 15. Sections 14 and 15 are quite new, but Sec- tions II, 12 and 13 are amendments of Sections 14, 16 and 15, respectively, of the Constitution of 1894.17
The Court of Special Sessions was continued under the provisions of the Greater New York charter,18 in 1898. In 1916 it consisted of a Chief Justice and fourteen associate justices, but there are now only twelve and a chief. All appointments are made by the mayor, for ten-year terms. The court has jurisdiction in the five counties of Greater New York. It is an inferior criminal court not of record, having jurisdiction to hear and determine, in first instance, all charges of misde- meanor (except libel) and all bastardy proceedings. Appeals are to the Supreme Court, thence, in certain cases, to the Court of Appeals. In cases of misdemeanor punishable by a fine not exceeding $100, or imprisonment for not over sixty days, or both, a magistrate, with the consent of defendant and the prosecuting officer, may sit as a Court of Special Sessions to finally determine the case. On July 1, 1915, a separate division
17. See Bill G. O. 82; Nos. 260, 761 ; Int. 258, State of New York. In Senate, January 22, 1925.
17. The Cole Judiciary Bill, passed by concurrent resolution of Senate and Assembly, in March, 1925, proposing constitutional amendments of the Judiciary Article (No. VI) of the Constitution of 1894, contains the following of particular interest to New York City :
Section II-(Old Section 14) : The existing county courts are con- tinued, 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 five county judges and in the County of Bronx two 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 thou- sand, or major fraction thereof, of the population of such county. The additional county judge in the county of Bronx 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 Legislature shall be chosen at the general election held in the first odd- numbered year after the creation of such office. All county judges, includ- ing 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 Janu- ary following their election, except that in counties within the City of New York the term shall be fourteen years. County courts in counties outside the
FIRST DISTRICT-N. Y. CITY AND COUNTY 907
of the Court of Special Sessions was organized, called the Children's Court. A Domestic Relations Court was reorgan- ized in 1922 by the provisions of amendment November 8, 1921, of Section 18 of Article VI of existing Constitution-see Chapter XXXV. But these were not the first provisions made for the proper care of juvenile delinquents. Chapter XX, Title 3, Section 1399, of the Greater New York charter, provided for Children's Court,19 in 1898.
The City's Magistrates' Courts were provided for by Chap- ter XX, Title 3, Section 1390 of the Greater New York charter.20 There are two divisions, the first consisting of the boroughs of Manhattan and the Bronx, the second of the other three bor- oughs. In the First Division there is a chief city magistrate and twenty-three city magistrates; in the Second Division there are twenty city magistrates, though prior to July 1, 1915, both divisions had a chief city magistrate. Each magistrates' Court is presided over by one magistrate. Each court, except the Night Courts and Domestic Relations Courts, has jurisdic-
City of New York shall have the powers and jurisdiction now prescribed by law, and also original jurisdiction in actions for the recovery of money only, where all the defendants reside in the county and in which the complaint demands judgment for a sum not exceeding three thousand dollars; but if, in any action brought in said court, a counterclaim for more than three thousand dollars shall be interposed, the Supreme Court, on the application of either party made in the judicial district embracing the county, may remove the cause to the Supreme Court, whereupon such action shall pro- ceed and be heard as if originally brought therein. 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: (I) the sum exceeds three thousand dollars, or (2) in which any person not a resident of the county is not a defendant, unless such defendant have an office for the transaction of business within the county and the cause of action arose therein. From and after the first day of January in the second year follow- ing the adoption of this article, all the jurisdiction in civil actions or pro- ceedings now vested in the county courts of the counties of Kings, Bronx, Queens and Richmond shall be withdrawn from such county courts and vested in the City Court of the City of New York as constituted in and by section fifteen of this article, and said county courts shall thereafter be vested with jurisdiction only in criminal prosecutions or proceedings as now or hereafter provided by law. County judges shall perform such duties as
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tion only over crimes occurring in a particular magistrate's court district. Magistrates' Courts are inferior courts not of record, having original criminal jurisdiction.
Some important history has been written into New York jurisprudence by the reorganization of the New York City magisterial system during recent years. After several years of hard fighting by the Charity Organization Society of New York, and other social service bodies, passage of legislation was secured in 1908 calling for the appointment of a commis- sion to investigate the operation of the inferior courts of New York City. The New York Police Court that had succeeded the old Justice of the Peace Courts did not supply the need of the great city. Each police court was independent of any cen- tral organization. There was no cooperation between the judges of the different districts. "Justice was a matter of indi- vidual temperament, influenced often by ward politics rather than by considerations of right or wrong."
Magazine publicity drew the attention of the average citi-
may be prescribed by law, and their compensation, as established by law, shall be payable out of the county treasury. A county judge of any county outside the City of New York may hold the county court in any other county when requested by the county judge of such other county ; and in case of the death, absence, or incapacity of a county judge, in a county having no special county judge then able to serve, the Governor may designate a county judge of another county to hold the county court during such vacancy, absence, or inability to act.
Section 12-(Which amends Section 16 of Constitution of 1894) : The Legislature, on application of the Board of Supervisors or other body exer- cising similar powers may, in any county having a county court, provide for the election of a special county judge or special surrogate, not to exceed two in any county, to discharge the duties of county judge or of surrogate in such cases as may be provided by law. Any such special county judge or surrogate shall be chosen at the general election held in the first odd- numbered year after the creation of any such office, to take office on the first day of January following such election, but no appointment shall be made by the Governor to such office meantime.
Section 13-(Amending Section 15 of Constitution of 1894) : The existing surrogates' courts are continued, and the surrogates now in office shall hold their offices until the expiration of their respective present terms. Their successors shall be chosen by the electors of their respective countes, and their terms of office shall be six years, except in the counties of New
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zen to "The Farce of Police Court Justice in New York," the article giving "a fairly adequate picture of the manner in which the poor, the weak and frightened, the unjustly accused and the unfortunate were shamefully exploited by corrupt politicians."
The Page Commission was appointed and following its inquiry and report the Inferior Criminal Courts Act of 1910 became the basis of the inferior criminal courts of New York City. The system is still in operation, though for some years after the change strenuous efforts were made by politicians again to get control of the courts. As late as 1919 a bill was introduced, which, if passed, would have legislated out of office the Chief Justice of the Court of Special Sessions and the chief city magistrate, both of whom were very capable and eminently honorable jurists, and provided that these judge- ships should be filled once in four years, by each incoming mayor. Fortunately public interest was stirred sufficiently to defeat the bill. It should be stated that, in the main, the mag- istrates of New York City preserved a strictness of judicial
York, Kings, Bronx, and Queens, where they shall hereafter be elected for terms of fourteen years. The Legislature may provide for the election of an additional surrogate in any county having a population of more than one million. Surrogates and surrogates' courts shall have the jurisdiction, legal and equitable, and powers now established by law until otherwise provided by the Legislature. The county judge shall be and serve as surrogate of his county except where a separate surrogate has been or shall be elected. In any county having a population exceeding forty thousand wherein there is now no separate surrogate, the Legislature may provide for the election of a separate officer to be surrogate, whose term of office shall be six years. When the surrogate shall be elected as a separate officer, his compensation shall be established by law and shall be payable out of the county treasury.
The Legislature may at any time provide that the duties of county judge and surrogate in any county be discharged by the same person. For the relief of surrogates' courts, the Legislature may confer upon the Supreme Court in any county having a population exceeding four hundred thousand, the powers and jurisdiction of surrogates.
Section 14-The Court of General sessions in and for the City and County of New York is continued with its present jurisdiction, under the name of the Court of General Sessions of the County of New York. The said court shall consist of the judges now in office, all of whom shall con- tinue to be judges of the Court of General Sessions of the County of New York for the remainder of the terms for which they were severally elected
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probity that was obvious and commendable. As a rule, they held themselves entirely aloof, and independent of political control, as soon as they assumed judicial office.
The Act of 1910 brought centralized control, with one administrative head for each court system, a central Bureau of Records and an organized Probation Department for each court. Under the Act of 1910 the Children's Court was still a part of the Court of Special Sessions, but in 1915 it became a separate division. Its bench is composed of Special Session judges, designated as Children's Court judges by the mayor. The City Magistrates' Court is known locally as "the Supreme Court of the Poor." To it are brought persons charged with felony, misdemeanor, or the violation of an ordinance or law which is neither felony nor a misdemeanor. In cases where the charge is felony, the magistrate must decide if the evidence is sufficient to warrant holding the case for the grand jury, or for the Court of Special Sessions, if the charge is misdemeanor. In all other cases, which constitute seventy-five per cent. of the entire number, the magistrate has final jurisdiction.
or appointed. The successors to the judges who were elected or appointed as judges of the Court of General Sessions in and for the City and County of New York shall be elected by the electors within the County of New York. The Legislature may in its discretion authorize the election of one or more additional judges of said court. The successors to all said judges of the Court of General Sessions of the County of New York shall be elected for the term of fourteen years.
Section 15-The City Court of the City of New York is continued, and, from and after the first day of January in the second year following the adoption of this article, it shall have the same jurisdiction and power throughout the City of New York, under the name of the City Court of the City of New York, as it now possesses within the County of New York and the County of Bronx, and original jurisdiction concurrent with the Supreme Court in actions for the recovery of money only in which the complaint demands judgment for a sum not exceeding three thousand dollars, and interest, and in actions of replevin, foreclosure of mechanic's leins and liens on personal property where the property involved does not exceed in value the sum of three thousand dollars. Its jurisdiction to enter judg- ment upon a counterclaim shall be unlimited. It shall consist of the justices then in office, who shall continue to be justices of the court for the remainder of the terms for which they severally were elected or appointed, and the additional justices to be elected as provided in this section. The justices
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In 1918 there were more than 200,000 arraignments before the thirty-one City Magistrates' Courts. Most of these cases were simple and could be dealt with quickly, but some required more study. To meet this need, an amendment of 1915 pro- vided "That the Board of City Magistrates may provide for the holding in any borough such special City Magistrates' Courts or Courts of Special Sessions for the trial of specified cases of offenses or offenders." Six special City Magistrates' Courts were in operation in 1920 in New York City. One of these is the Men's Night Court, to which go all men arrested after the close of the district courts; but until April 21, 1919, men as well as women who were arrested after nightfall were arraigned in the Women's Night Court. The women now have a separate day court, legislation being passed in 1918.
In 1918 a law was passed making it possible for the judges of the Women's Court to remand for observation any girl or woman convicted of prostitution whom they might suspect to be feeble-minded. The Whitney Law also authorizes, and
who were elected or appointed as justices of the City Court of the City of New York shall be paid the compensation now fixed by law for such justices until the expiration of the terms for which they were respectively elected or appointed. Eight of their successors shall be elected by the electors of the County of New York and two by the electors of the County of Bronx, and hold office for ten years. There shall also be five additional justices, two of whom shall reside in and be chosen by the electors in the County of Kings, and one of whom shall reside in and be chosen by the electors in each of the Counties of New York, Bronx and Queens, and all of whom shall be elected at the first general election following the adoption of this article, and they and their successors, who shall be chosen in like manner, shall hold office for ten years. Until the Legislature shall otherwise provide, the county judge and surrogate of Richmond County shall perform in said county the duties of a justice of the City Court of the City of New York and also the duties of a justice of the Supreme Court at chambers or out of court. The Legislature may in its discretion authorize the election of one or more additional justices of the City Court in any county within the City of New York. The justices hereafter elected shall receive from the City of New York such compensation as may be fixed by law.
The justices of the City Court of the City of New York shall choose one of their number to be the presiding justice thereof, who shall act as such during his term of office, and who shall be charged with the general administration of the court and the assignment of the justices to hold the
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makes compulsory, the medical examination of all women con- victed of prostitution, and those in need of treatment for vene- real disease are sent to hospitals. The Probation Department of the Women's Court also effectively helps wayward girls, first offenders, to retrace their steps. Much good is also done in the Children's Courts to keep the boys of to-day from becom- ing the adult criminals of to-morrow.
Another special court is the Domestic Relations Court. There are three, one in Manhattan, one in Brooklyn, and the third in the Bronx. To this court the chief city magistrate assigns two magistrates. This court at first dealt mainly with financial matters; the support of wife and children by the hus- band or father; but its scope has been widened to make it possible for the judge to deal with family differences other than those merely financial.
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