USA > New York > Tompkins County > Landmarks of Tompkins County, New York : including a history of Cornell University > Part 6
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$37.82
2,666.00
620.00
312.00
150.00
488.05
259.35
500.00
111.64
495.51
186.77
50.00
670.71
216.00
204.84
115.00
85.66
866.00
1,130.59
1,425.00
183.29
$50.00
6,491.01
$259.35
At the annual meeting of the society in 1894 it was resolved to bor- row the sum of $3,500 to pay the indebtedness of the society, and the further sum of $1,500 for needed improvements, The following officers
were elected for 1894:
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Rent of building
Rent of privileges
Annual members at $1.00 Members paying $5 each.
Entries for races.
Advertisers in Premium List
Ives Pool Fund, 1893
State of New York, 1893
Receipts for 1893
For permanent improvements
Material, lumber, etc.
Salaries
Printing and advertising
Services of superintendents, police, watchmen, gatemen and
Music during fair Supplies for fair
Insurance fees and miscellaneous bills
Payment on indebtedness Race purses.
Total premiums on stock
Premiums paid for 1892
Premiums other than above, 1893.
Total disbursements
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1,075.10
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534.96
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DISBURSEMENTS.
Note at Tompkins County National Bank
6,712.54
$6,750.36
52.08
AGRICULTURAL SOCIETY.
Balance from last report G. C. McClure, ex-treasurer From gate receipts.
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Labor
clerks
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LANDMARKS OF TOMPKINS COUNTY.
President, George H. Baker (re-elected); secretary, Carey B. Fish ; treasurer, L. H. Van Kirk (re-elected); directors, R. G. H. Speed, William Nixon, W. O. Newman. Vice-presidents: Caroline, Henry D. Thomas; Danby, L. L. Beers; Dryden, C. D. Burch; Enfield, B. Oltz; Groton, Z. Cook; Ithaca, C. E. Seaman; Lansing, Delos Harring; Newfield, C. Seabring; Ulysses, A. H. Pierson.
TOMPKINS COUNTY POOR-HOUSE .- It was ten years after the organiza- tion of this county before action was taken by the Board of Supervisors towards the establishment of a county poor-house. The first record in regard thereto appears in the proceedings of the board on the 22d of November, 1827, when a resolution was passed declaring the advis- ability of establishing a poor-house and appropriating the sum of $4, 000 for that purpose. Of the sum appropriated, $1,500 were to be levicd at that session, $1,250 in 1828, and the remaining $1,250 in 1829. A committee of one from each town was named to superintend the work of building, consisting of the following named persons: Solomon Sharp, Dryden; John Guthrie, Groton; Sullivan D. Hubbell, Hector; Elbert Curtis, Danby; Nicoll Halsey, Ulysses; Gilbert J. Ogden, Enfield; John White, Newfield; Nicholas Townley, Lansing; Ira Tillottson, Ithaca; Charles Mulks, Caroline.
The site chosen is in the town of Ulysses about six miles northwest from Ithaca The original building was of wood, erected under the resolution of 1827 and added to from time to time as became necessary. Quite extensive out-buildings were also constructed upon the farm of 100 acres, the soil of which is first-class, perhaps as good as can be found within the limits of the county.
Through age and long use the original building and its additions finally reached a condition necessitating very extensive repairs, prac- tically rebuilding, or else the erection of an entirely new structure. Public sentiment throughout the county favored new, more commo- dious and comfortable buildings, and on the 20th of November, 1891, a committee was appointed to take into consideration the entire subject, embracing repairing of the old house or the the erection of a new one, and also change of location. In February, 1892, the board refused to change the location, authorized a new building, and at a special session in June, 1892, appropriated $20,000 for the purpose. The new struc- ture is of brick, ample in size, and constructed with special reference to the comfort of inmates and cconomy in details of management.
51
COUNTY POORHOUSE.
The Board of State Charities, in their annual report for 1892, notes that the new building was in process of construction; that there were, on the 1st of November, thirty-six men and ten women inmates; there were no insane: and that three children had been born in the house during the year then ending.
The county superintendent of the poor is, by resolution, made keeper of the house. The average cost of support of inmates per year was $62.71.
The report of the Board of Supervisors for the year ending Novem- ber 15, 1893, shows that the whole number of days' support for the year was 14,298; for which the cost of board and clothing was $2, 440. 13. The average cost per week was $1.19 and a fraction. On November 15, 1892, there were thirty-six persons in the house; November 15, 1893, forty-eight persons.
STATISTICAL .- The Supervisors' reports for 1893 show that in the town of Ithaca there are 16,293 acres of land, and in the city, 2,940 acres. The assessed value of real estate, including village property and the real estate of corporations, was, in the town, $568,585; in the city, $2,599,376. The total assessed valuation of personal property in the town was $38,725; in the city, $512,155. The amount of town taxes for the town was $5, 842.27; for the city, $34, 745.41. The amount of county taxes for the town was $1,557.98; for the city, $10,892.65. The aggregate taxation for the town was $8, 961.45; for the city, $56, - 553.26. The rate of tax on $1 valuation was, in the town, .015; in the city, .0182.
52
Report of the indebtedness of the County of Tompkins and of each town, village and ward therein for 1893:
BY WHOM CREATED.
DESCRIPTION OF THE INDEBTEDNESS.
FOR WHAT PURPOSE CREATED.
AM'T OF INDEBTED- NESS.
WHEN AND HOW PAYABLE.
County of Tompkins
Promissory notes For building County House. ___
$15.000.00
In three annual installments. In 1901 by sinking fund.
Town of Enfield.
Bonds
In aid of Penn. and Sodus Bay R.R ._ In aid of Ithaca and Cortland R.R.
14,691.75
Town of Groton
Bonds_
10,115.91 In 1900 annual sinking fund.
Village of Groton
Bonds
Waterworks
28,000.00 In 30 years yearly sinking fund 30,836.19 In 1901 annual sinking fund.
Ithaca town and city
Bonds
In aid of Geneva and Ithaca R. R.
75,000.00
March 1, 1899, $15,000 annually. Within ten years at the option of the School Board.
School Dist. city of Ithaca Mortgage
Old village of Ithaca.
Bonds
Ground occupied by H. School annex 1 In aid of Ithaca and Cortland R. R .. 1
4,000.00 At the option of School Board. 29.509.55 In 1900, by sinking fund.
Town of Newfield
Bonds
In aid of Penn. and Sodus Bay R.R ._ 1
Town of Ulysses.
Bonds
In aid of Penn. and Sodus Bay R. R ._ For building School House .
13,500.00
In nine annual payments.
School Dist. No. 8, Town of Groton
Bonds
For building School House
9,000.00 In ten years.
LANDMARKS OF TOMPKINS COUNTY.
45,800.00 In 1901 int. paid semi-annually. 54,200.00 In 1901 int. paid semi-annually.
Village of Trumansburg.
Bonds.
In aid of Ithaca and Athens R.R.
Ithaca town and city. . - - Bonds School Dist. city of Ithaca Bonds.
Building annex to High School
15,000.00
53
EVOLUTION OF STATE LAW.
CHAPTER X.
Comparison of State Law with the Common Law-Evolution of the Courts-The Court of Appeals-The Supreme Court-The Court of Chancery-The County Court -The Surrogate's Court-Justice's Court-District Attorneys -Sheriffs-Court House-Judicial Officers-Personal Notes-Important Trials.
THE statement is commonly expressed that the judicial system of the State of New York is largely copied from the common law of England. While this is true to a great extent, there are important differences re- vealed by a close study of the history of the laws of this State, showing that our system is in many important respects an original growth. In the simple yet initiative matter of entitling a criminal process there is a radical difference between our method and that which must be fol- lowed in England. Here it is "The people versus the criminal;" there, "Rex versus the criminal." In the one it is an independent judiciary responsible directly to the people; in the other the court is subservient to the king.
This dominant idea of the sovereignty of the people over our laws, as well as in other respects, has had a slow, conservative, yet steadily progressive and systematic growth. In the early history of the State the governor was in effect the inaker, interpreter and enforcer of the laws. He was the chief judge of the Court of Final Resort, whilc his councillors were generally his obedient followers. The execution of the English and Colonial statutes rested with him, as did also the exer- cise of royal authority in the Province; and it was not until the adop- tion of the first Constitution, in 1777, that he ceased to contend for these prerogatives and to act as though the only functions of the court and councillors were to do his bidding as servants and helpers, while the Legislature should adopt only such laws as the executive should suggest and approve. By the first Constitution the governor was wholly stripped of the judicial power which he possessed under the Colonial rule, and such power was vested in the lieutenant-governor and the Senate, the chancellor and the justices of the Supreme Court; the former to be elected by the people, and the latter to be appointed
54
LANDMARKS OF TOMPKINS COUNTY.
by the Council. Under this Constitution there was the first radical separation of the judicial and the legislative powers, and the advance- ment of the judiciary to the position of a co-ordinate department of the government, and subject to the limitation consequent upon the appoint- ment of its members by the Council.
But even this restriction was soon felt to be incompatible, though it was not until the adoption of the Constitution of 1846 that the last con- nection between the purely political and the judicial parts of the State government was abolished; and with it disappeared the last remaining relic of the colonial period as regards the laws. From this time on the judiciary became more directly representative of the people in the elec- tion by them of its members. The development of the idea of the responsibility of the courts to the people, from the time when all its members were at the beck and nod of one wellnigh irresponsible mas- ter, to the time when all judges, even of the Court of Last Resort, are voted for by the people, has been remarkable. Yet, through all this change there has prevailed the idea of one ultimate tribunal from whose decision there can be no appeal.
Noting briefly the present arrangement and powers of the courts of this State and the elements from which they have grown, we see that the whole scheme is involved in the idea of, first, a trial before a magistrate and jury-arbiters respectively of law and fact-and then a review by a higher tribunal of the facts and law, and ultimately of the law by a court of last resort. To accomplish the purposes of this scheme there has been devised and established, first, the present Court of Appeals, the ultimate tribunal of the State, perfected in its present form by the Conventions of 1867 and 1868, and ratified by a vote of the people in 1869; and taking the place of the old " Court for the trial of Impeachment and Correction of Errors " to the extent of correcting errors of law. As first organized under the Constitution of 1846, the Court of Appeals was composed of eight judges, four of whom were elected by the people and the remainder chosen from the justices of the Supreme Court having the shortest time to serve. As organized in 1869, and now existing, the court consists of the chief judge and six associate judges, who hold office for a term of fourteen years from and including the first day of January after their election. This court is continually in session at the Capitol in Albany, except as it takes re- cess from time to time on its own motion. It has full power to correct or reverse the decisions of all inferior courts when properly before it
55
COURT OF APPEALS.
for review. Five judges constitute a quorum, and four must concur to render judgment. If four do not agree the case must be reargued; but no more than two rehearings can be had, and if then four judges do not concur, the judgment of the court below stands affirmed. The Legislature has provided by statute how and when proceedings and decisions of inferior tribunals may be reviewed in the Court of Appeals, and may in its discretion alter or amend the same. Upon the reorgan- ization of the court in 1869 its work was far in arrears, and the law commonly known as the " Judiciary Act " provided for a Commission of Appeals to aid the Court of Appeals. And still more recently, in 1888, the Legislature passed a concurrent resolution that section 6 of article 6 of the Constitution be amended so that upon the certificate of the Court of Appeals to the governor of such an accumulation of causes on the calendar of the Court of Appeals that the public interests re- quired a more speedy disposition thereof, the governor may designate seven justices of the Supreme Court to act as associate judges, for the time being, of the Court of Appeals, and to form a second division of that court, and to be dissolved by the governor when the necessity for their services ceased to exist. This amendment was submitted to the people of the State at the general election of that year and was ratified, and in accordance therewith the governor selected seven Supreme Court justices, who were constituted the second division of the Court of Appeals. The only citizen of Tompkins county who has been placed upon the bench of this court is Francis M. Finch, a present incumbent of the office. He received the appointment May 25, 1880, from the governor and Senate, and was afterwards elected to the same position.
Second to the Court of Appeals in rank and jurisdiction stands the Supreme Court, which, as it now exists, is made up of many and widely different elements. It was originally created by act of the Colonial Legislature May 6, 1691, and finally by ordinance of the Governor and Council, May 15, 1699, and empowered to try all issues to the same extent as the English Courts of King's Bench, Common Pleas and Ex- chequer, except in the exercise of equity powers. It had jurisdiction in actions involving $100 and over, and to revise and correct the de- cisions of inferior courts. An appeal lay from it to the Governor and Council. The judges-at first there were five of them-annually made a circuit of the counties, under a commission naming them, issued by the governor, and giving them nisi prius, oyer and terminer, and jail delivery powers. Under the first Constitution the court was reorgan-
56
LANDMARKS OF TOMPKINS COUNTY.
ized, the judges being then named by the Council of Appointment. All proceedings were directed to be entitled in the name of the people, instead of that of the king.
By the Constitution of 1821 many and important changes were made in the character and methods of this court. The judges were reduced in number to three and appointed by the governor, with the consent of the Senate, to hold office during good behavior, or until sixty years of agc. They were removable by the Legislature when two-thirds of the Assembly and a majority of the Senate so voted. Four times each year the full court sat in review of their decisions upon questions of law. By the Constitution of 1846 the Supreme Court as it then existed was abolished, and a new court of the same name, and having general jurisdiction in law and equity, was established in its place. This court was divided into General Terms, Circuits, Special Terms, and Oyer and Terminer. Its members were composed of thirty-three justices, to be elected by the people, and to reside, five in the first and four in each of the other seven judicial districts into which the State was divided. By the Judiciary Act of 1847 General Terms were to be held at least once in each year in counties having more than forty thousand inhabitants, and in other counties at least once in two years; and at least two Special Terms and two Circuit Courts were to be held yearly in each county, except Hamilton. By this act the court was authorized to name the times and places of holding its terms, and those of Oyer and Terminer; the latter being a part of the Circuit Court and held by the justice, the county judge and two justices of sessions. Since 1882 the Oyer and Terminer has consisted of a single justice of the Supreme Court.
It is proper at this point to describe one of the old courts the powers of which have been vested in the Supreme Court. We refer to the Chancery Court, an heirloom of the colonial period, which had its origin in the Court of Assizes, the latter being invested with equity powers under the duke's laws. The court was established in 1683, and the governor or such person as he should appoint, assisted by the Council, was designated as its chancellor. In 1698 the court went out ofit of existence by limitation; was revived by ordinance in 1701; sus- pended in 1703, and re-established in the next year. At first the Court of Chancery was unpopular in the Province, the Assembly and the colonists opposing it with the argument that the crown had no authority to establish an equity court in the colony, and doubtful of the
Ever Cinfully Town
57
SUPREME COURT.
propriety of constituting the Governor and Council such a court. Under the Constitution of 1777 the court was recognized, but its chan- cellor was thereby prohibited from holding any other office except delegate to Congress on special occasions. Upon the reorganization of the court in 1778, by convention of representatives, masters and ex- aminers in chancery were provided to be appointed by the Council of Appointment; registers and clerks by the chancellor. The latter licensed all solicitors and councillors of the court. Under the Consti- tution of 1821 the chancellor was appointed by the governor and held office during good behavior, or until sixty years of age. Appeals lay from the Chancery Court to the Court for the Correction of Errors. Under the second Constitution equity powers were vested in the circuit judges, and their decisions were reviewable on appeal to the chancellor. But this equity character was soon taken from the circuit judges and thereafter devolved upon the chancellor, while the judges alluded to acted as vice-chancellors in their respective circuits. But, by the radical changes made by the Constitution of 1846, the Court of Chan- cery was abolished, and its powers, duties and jurisdiction vested in the Supreme Court, as before stated.
By act of the Legislature adopted in 1848, and entitled the "Code of Procedure," all distinctions between actions at law and suits in equity were abolished, so far as the manner of commencing and conducting them was concerned, and one uniform method of practice was adopted. Under this act appeals lay to the General Term of the Supreme Court from judgments rendered in Justice's, Mayor's or Recorder's, and County Courts, and from all orders and decisions of a justice at Special Term of the Supreme Court.
The judiciary article of the Constitution of 1846 was amended in 1869, authorizing the Legislature, not more often than once in five years, to provide for the organization of General Terms, consisting of a presiding justice and not more than three associates; but by chapter 408 of the laws of 1870 the then organization of the General Term was abrogated and the State divided into four departments and provision made for holding General Terms in each. By the same act the gov- ernor was directed to designate from among the justices of the Su- preme Court a presiding justice and two associates to constitute a General Term in each department. Under the authority of the Con- stitutional Amendment adopted in 1882, the Legislature in 1883 divided the State into five judicial departments, and provided for the election 8
58
LANDMARKS OF TOMPKINS COUNTY.
of twelve additional justices to hold office from the first Monday in June, 1884.
In June, 1887, the Legislature enacted the Code of Civil Procedure to take the place of the Code of 1848. By this many minor changes were made, among them a provision that every two years the justices of the General Terms, and the chief judges of the Superior City Courts, should meet and revise and establish general rules of practice for all the courts of record in the State, except the Court of Appeals.
Such are, in brief, the changes through which the Supreme Court of this State has passed in its growth from the prerogative of an irre- sponsible governor, to one of the most independent and enlightened instrumentalities for the protection and attainment of the rights of citizens of which any state or nation can rightfully boast. So well is this fact understood by the people, that by far the greater amount of business, which might be done in inferior courts at less expense, is taken to this court for settlement.
In this court, and those which it directly succeeded, the following Tompkins county men held office: In the Court of Common Pleas, Oliver C. Comstock, appointed April 10, 1817; Richard Smith, appointed June 10, 1818; Andrew D. W. Bruyn, appointed January 18, 1826; Amasa Dana, appointed March 16, 1837; Henry D. Barto, appointed February 18, 1843. In the organization of the judicial districts of the State, Tompkins county was included in the Sixth, and Douglass Boardman, of Ithaca, was elected justice in 1865, and continued in office until 1870. On December 24, 1873, he was appointed associate justice on the General Term Bench. A more extended biography of Judge Boardman will be found on another page of this work.
Next in inferiority to the Supreme Court is the County Court, held in and for each county of the State at such times and places as its judges may direct. This court had its origin in the English Court of Sessions, and, like that court, had at first criminal jurisdiction only. By an act passed in 1683, a Court of Sessions, having power to try both civil and criminal causes by jury, was directed to be held by three jus- tices of the peace, in each of the counties of the Province twice each year, with an additional term in Albany and two in New York. By the act of 1691 and the decree of 1699, all civil jurisdiction was taken from this court and conferred upon the Court of Common Pleas. By the sweeping changes made by the Constitution of 1846, provision was made for a County Court in each county of the State, excepting New
Biasfood othery
59
COUNTY COURTS.
York, to be held by an officer to be designated the county judge, and to have such jurisdiction as the Legislature might prescribe. Under authority of this Constitution the County Courts have been given, from time to time, jurisdiction in various classes of actions which need not be enumerated here, and have also been invested with certain equity powers in the foreclosure of mortgages; to sell infants' real estate; to partition lands; to admeasure dower and care for the persons and estates of lunatics and habitual drunkards. The Judiciary Act of 1869 continued the existing jurisdiction of County Courts, and conferred upon them original jurisdiction in all actions in which the defendants lived within the county, and the damages claimed did not exceed $1,000. Like the Supreme Court, the County Court now has its civil and its criminal side. In criminal matters the county judge is assisted by two justices of sessions, elected by the people from among the jus- tices of the peace in the county. It is in the criminal branch of this court, known as the Sessions, that all the minor criminal offenses are now disposed of. All indictments of the grand jury, excepting for murder or some very serious felony, are sent to it for trial from the Oyer and Terminer. By the Codes of 1848 and 1877, the methods of procedure and practice were made to conform as nearly as possible to the practice in the Supreme Court. This was done with the evident design of attracting litigation into these courts, thus relieving the Su- preme Court. In this purpose there has been failure, litigants much preferring the shield and assistance of the broader powers of the Su- preme Court. By the Judiciary Act the term of office of county judges was extended from four to six years. Under the Codes the judges can perform some of the duties of a justice of the Supreme Court at chambers. The County Court has appellate jurisdiction over actions arising in Justice Courts and Courts of Special Sessions. Appeals lay from the County Court to the General Term. County judges were ap- pointed until 1847, after which they were elected.
In the County Court of Tompkins county the following have held offices: County judges, Oliver C. Comstock, April 10, 1817; Richard Smith, June 10, 1818; A. D. W. Bruyn, January 18, 1826; Amasa Dana, March 16, 1837; Henry D. Barto, February 18, 1843; Alfred Wells, elected June, 1847-51; Douglass Boardman, 1851-55; Samuel P. Wisner, 1855-59; Henry S. Walbridge, 1859-67; Mills Van Valken- burg, 1867-74; Marcus Lyon, 1874-91; Bradford Almy, elected No- vember, 1891.
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