New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-30
READ AND JUDGE!

The following is the Judicial part of the
| Amended Constitution, which is to be sep
arately voted on at the election next Tuesday.
If a majority shall approve it by their votes
| it will become part of the Constitution OF
our State, though the rest OF the Amended
Constitution, or q part thereof, be rejected
We do not know that any political feeling will
affect the vote on this Article. Read it and
vote as you shall Judge best:
ARTICLE VL-sECTIoN l. The Assembly shall have the
S for the thai Of Seach
ments shall be composed Of the President or the
the Court of Appeals, major part OF them on tue
trial Of an impeachment against the Governor, the
Observation-Disclosures shall not act as member OF the
Court No judicial officer shall exercise his office after
articles Of impeachment against him shall nave been pre-
ferred to the Senate, until be shall nave Deen acquitted
Before the trial of an impeachment the members OF the
Court shall take oath or armatlOn truy ana impair
italy TO try the impeachment according to evidence ana
no person shall convicted without the concurrence OF
twO-thirds Of the members present Judgment In cases
OF impeachment shall not extend further than 10
removal from office, removal from office and dis
qualification to hold and enjoy any ONCE OK hOhor trust
or profit under this State but the party mpeached shall
be liable TO indictment and punishment according to law
SEC. There shall be Court Of Appeals, composed OF
n Chief Judge and six Associate Judges, who shall be
by the electors of the state and shall hold their
office for the term OF IA years from ana ncluung te nu
election Of judges under this Constitution every eector
may vote for the chief and only four Of the Associate
quorum aud the concurrence OF four shall be necessary
TO a decision. The court shall have the appointment,
with the power OF removal of its reporter and CLERK ana
Of such attendants as may DO necessary.
SIC. When shall occur otherwise than by
expiration of term in the office OF Chief or Associate
Judge of the Court OF Appeals the shall be filed,
for full term. at the next general election, happening
and until the vacancy shall be filed. the Governor
by and with the advise and consent Of the Senate, II
alone may appoint III such vacancy. II any such APP
pOntnent OF Chief Judge shall he made from among the
Associate Judges temporary appointment OF Associate
Judge shall be made in like manner but In such case the
person appointed Chief Judge shall not be deemed TO
the expraon Of his appointment "a Chief Judge The
powers and Jurisdiction Of the court shall not be sus
for OF appointment election, when the
number of judges sufficient to constitute Quorum;
All appointments under this section shall continue nntll
and Including the last day OF December next AFTER tho
election at which the vacancy shall be iiled
SEC Upon the organization OF the Court OF Appeals,
under this article the then pending IN the present
Court Of Appeals shall become vested IN the Court OF
Appeals hereby established such OF said causes as are
pending on the first day OF January. eighteen hundred
and sxtynne shall be heard and determined Dy com
mission 10 be composed Of five Commissioners oAppeas,
but the Court OF Appeals hereby established may order
any OF said 20 be heard therein such commission
shall be composed Of the Judges Of the present Court OF
Appeals elected or appointed thereto, and fifth Com
missioner who shall he appointed by the Governor by
and with tho advice and consent OF the senate or te
Senate be not session. by the Governor but IN such
case the appointment shall expire at the end OF The next
SEC g. II any vacancy shall in the Office OF the
said Commissioners, IL shall be filled by appointment by
the Senate or the is in session by the Gov
ernor but in such the appointment shall expire at
point from their number. Chief Commissioner; aud
may appoint aud remove such attendants as may DO
the reporter OF said Commission The decisions OF the
Commission shall be certified 10, and entered and en-
Commission shall continue until the causes committed TO
IL are determined. but mott eIceedngt three years and
all causes then undetermined shall be heard by the Court
src G. There shall be the existing Supreme Court with
IA los
appellate jurisdiction Of the Court OF Appeals as now u
or may be prescribed by law and II shall bo composed
OF the Justices office who shall 6e continued dur
ing their respective terms and Of their successors The
existing judicial Districts Of the state are continued
Justices shall the District In which is tho city Of
and four III each Of the other Districts Tho
the number. once after every enumeraton under TINS
Constitution. OF the Inhabitants OF the state.
SIC T. At the first session Of the Legislature. after the
adoption OF this article and from time 90 time Thereafter
in the Supreme Court, not more than four gen
Justice and than three other justices who shall
according 20 law from The whole number OF
gnsttces zach Presldng Justice shall continue 10 act
az such during term OF office Provision shall be
made by law for holding tho general terms ia each Ju
hold special aud Circuit Courts, aud may preside
M Courts Of oyer and Termincr in any county.
spC No Judge or Justice shall SIT. NJ general term
OF any court in the Court OF Appeals IN review OF
decision made by him. or by any court OF which he was
AT the time a sitting member Tho testimony IN equity
cases shall be taken in like manner IN cases at law
and except herein otherwise provided the Legislature
snail bnye the same power alter and regulate the ur,
dcJon and proceedings In law and equity that they have
heretofore exercised.
sEc O. When "a vacancy shall occur, otherwise than
by expiration OF term, In the office Of Justice
of the Supreme Court, the shall De illed. for
fn term al the general election happening not less
than three months after such vacancy occurs and
until any vacancy shall be hled the Governor by aud
with the advice and Of the senate, II the Senate
shall be session. Il not In session the Governor may
appoint 10 MI such vacancy; Any such appointment
sha continue until and including the last day OF Docem
Der next after the election at which the vacancy shall be
SIC TO- The Judges OF the Court Of Appeals and the
Justces OF the Supreme Court, shall not hold any other
office or public trust All votes for any OF them for any
other than judicial office, gwen by the Legislature or
Sc H. Judges Of the Court Of Appeals and Justices
OF the Supreme Court may be removed by concurrent
resolution OF both Houses OF the Legislature II twothrds
OF ali the elected To each House therein
ton and except Justices Of the Peace and Judges aud
Justices Of inferior courts not OF record may be removed
by the Senate, on the recommendation OF the Governor
If two thirds OF all the members elected 10 the Senate
concur therein But no removal shall be made by virtue
OF this section, unless the cause tefeO Dc ehed on tue
Journals unless the party complained OF shall nave
been served with copy. OF the charges against
him. and shall have had an opportunity o1 beng heard
On the question Of removal the yeas and nays shall DO
entered on the journal.
SIC. ~. The Superior Court OF the CITY OF New YORK
the Court OF Common Pleas for tho city and County Vt
HewYork, the superior Court OF Buffalo and the CITY
Court OF Brooklyn, are continued WIN the p9"els anu
Jurisdiction they seyeray nave, ana such 1urtnef
civil and criminal jurisdiction as may be conferred oy
OF the six Judges In Office at the adoption OF this article
and their successors the court OF Common feas OF new
York OF the three Judges then IN once ana their success
sors and three additional Judges the Superior Court OF
Buffalo OF the Judges now In Office and their successors
and the City Court OF Brooklyn, OF such number
OF Judges, not exceeding three, as may DO provided
by law The Judges of said courts, IN Office at the
adoption OF this article, continued until the expiration
OF their terms Chief Judge shall be appointed by the
Judges OF each OF said Courts from their own number
who shall act such during his official term Vacancies
office OF the Judges named In this section occurring
otherwise than by expiration Of term shall be hlled in
the same manner as vacancies In the Supreme Court
The Legislature may provide for detailing Judges OF the
SUPERIOR Court Court OF Common Pleas OF New York.
10 hold Circuits or Special Terms OF the Supreme Court
In that city, as the public interests may require.
SIC 49, Justices Supreme Court shall be chosen
by the electors OF their respective judicial districts