The New York herald., 1869-11-23
THE JUDICIARY AMENDMENT.
Its Adoption by the Voters of
New York.
Text Of the New Article Of the
Constitution.

this Stats having been adopted by tao voters at tn
recent election, repuollsn below for the lnforma
tion OF our readers the text OF the article. vii
be perceived thar II provides Tor sn election by the
people IN 1879 whether the oiices or Judges or the
Court OF Appeals aud OF the Supreme Court shall ot
6led by appointment. II decided in the Affirmative
the Governor viii have the power OF appointment,
'by and with the advice aad consent OF the senate.
The other judges are TO be elected and the provisions
OF the amendment go into e1sct at once:-
Article VI.-The Judiciary.
SrcrIoS i The Assembly shall have the power OF
Impeachment, Dy vote OF the majority OF all the
members elected fne courrior the trial OF mpeach-
ments shall be composed OF tho President OF the
Senate, the senators, Or major part OF them, and
the judges OF The Court OF Appeals, or the major
part OF them On toe tra Of an Impeachment against
tne Governor, the Lieutenant Governor shan not acr
as a member or the court. No judicial officer shall
exercise his once alter articles OF impeachment
against hin shall nave been preferred to the Senate
until he shall nave 0een acquitted. Before the trial
OF an impeachment the members OF the court shall
take an oath or alIaation truly ana imparIlaliy 10
try the Impeachment according to evidence; ard no
person shall be convicted without the concurrence OF
two-thlrds OF the members present Judgment IN
cases OF Impeachment SNAIL noI extend TURNER tnan
TO removal from once, or removal from office and
disqualification TO hod ana ENJOY any oirce OF honor,
trust prodt under tins state; but the party im.
peached shall be llao.e TO Indictment ana punish
ment according TO law
ELECTION or JUDGEs-coURr OF ArPEALs.
SEC. O. There shall be 4 Court OF Appeals COM
posed OF a Cniei Sudge ana SIX Associate Judges,
WHO shall be chosen BY the electors OF the STATE aud
Enali hold their once the term Of fourteen
years from and including the lst day Of January
next after their election. At the frst electloa OF
Judges under this constitution. every eector may
vote for the CnieI ana only four OF the Associate
Judges. Any i've members OF the court shall form
q quorum, and the concurrence OF four shall be
necessary TO decision. The court shall have the ap-
pointmeat vita tao power OF removal, oil lis re-
porter and CLERK, aud ol such attendants SIS may be
necessary.
SEC s. When o vacancy Shall occur, otherwise
INV V1rn l4rF in ghan ffn. nf lH1tNnf
Associate Judge OF tAe court OF Appeals, the same
shall be filled ior 1uil term at the next general
election happening not less han tnree months after
such vacancy occurs anu until the vacancy shan De
50 filled the Governor 10y ana WIN the advice and
consent OF the Senate II tue Senate shall be III
sion, OF Ii not the Governor alone lnay appoint to NIL
sucn vacancy. II aly such appolntment OF Chief
Judge shall be maze rom the Associate JudZ les, q
temporary appointment of Associate Judge snail be
made IN IKE iuaDncr; bat in such the person
appointed Chief Suuse small not be deemed TO 4acate
hn oilce oi Assoclats Edge any longer than untn
tie expiration of nis appointment Cher Judge.
The powers and jurisdiction OF the court SHAH not
be suspended Tor want OF appointment or election
when tue number OF Judges is sufficient TO consti-
tute quorum. All appointments under this section
shall continue until ana incuding the iast day OF De-
cember next alter ths election at which the vacancy
SHAH be niied.
SEC. 4. Upon the organization OF the Court or Ap-
peais under tns article the causes then pending In
the present Court o Appeals shall become vested IN
the UoHrt OF AppeaIs Aeteby established. Suca OF
said causes as are pen4ng on tue LIST day OF Janu-
AIRY, 1859, shal pe heard and Determined by q com-
/
Appeals, four of whoul saaa be necessary TO const.
tute quorum; but the Court OF Appeals hereby
established may order any OF SAID causes 10 be heard
therein. Sucn commission snal be composed OF
the JUDGES OF the present Court OF Appeas. elected
or appointed thereto, and & NTH Commissioned
who shall be appointed by the Governor by and
with the advice consent Of the senate or II the
Senate be not IN session, by the Governor, but Ia
sueh case the appointment shan expire al the eDd
OF the next session.
SEC. 5. II any vacancy shall occur in the ONCE OF
tue said commsseaef, 1t SHAH be niied BY appoint
sSyiss %eas Iy oa tue GoSsn0 ~ and win the
the Senate Is hot In session. by the Gov
ernori but In such case the appointments shall
expire at the end OF the next session. Tns
commissioners shall appoint from their number q
chiel commissioner, aRd may appoint and remove
such attendants as may be necessary. The reporter
OF the Court Of Appeals shall be the reporter OF said
commission. The decisions OF the commission shall
be certified to- aud entered and enforced, as the
sion shall continue unnI the causes committed to 1t
are determined, Cut not exceeding three years; aud
al causes taen undetermined shall be heard by tho
Court OF Appeals.
SUPREME coURr-Irs JURISDICTION
SEC. 6. There shah be the existing Supreme Court
with general jurisdiction law ald equity, subject
so such appellate jurisdiction or tie CourL OF Ap-
peas as now Is or may Ue prescribed by law, and it
snall be composed oi The Justices now In ONCE VINO
and OF their SUCCESSORS. The existing Judicial dis
trlcts OF the STATE are continued until changed, per-
suant to this section. Five OF The justices shall
side In the district which is the city OF New York
and four In each OF the ether districts. The Legsla-
ture may alter the districts without increasing the
number, once after every enumeration under this
constitution, OF the inhabitants OF the state.
SEC. l. AT the nrst session Of the Legislature after
ths adoption OF tnls article ana from tlme to time
thereafter as may be necessary but not otener than
once In nye years. provision shall be made Tor organ
Hlng, Ia the supreme Court. not more than four
general terms thereof, each to be composed Of
presiding justice and uot more than three other JUS
tees, VINO shail be designated, according TO Law,
from the whole number Of justices. Each presiding
Justice shall commune 10 act during term
OF ONCE. Provision snaii be made by law for hold
Ing tue general terms In each judicial district Any
Justice OF the supreme Court may mold special
terms and Circuit Courts and may preside In courts
OF oyer and Ierininer in any county.
SEC 8. NO Judge or justice sAall slt at . general
term OF any court Or In the Court OF Appeals 10 re-
view OF d decision made % nin or by any court OF
which ewas &C tAe tune sitting member. The
testimony In eqlitf cases SHAH be taken Ia ike man
ner as III cases AZ law, and except as herein other
wise Prov cd the Legislature snail have the same
power 10 alter anu Ieguae tue jurisdiction and pro-
ceedings IN law AID equity that they have heretofore
exercised.
SEC. o. When a vacancy shall occur Otherwise
shan by expiration OF term, In tue ONCE OF Justice
OF the Supreme Court, the same shall be niled. Tor
tull term, al tue next general election happening
not less than three months after such vacancy
occurs; and until any vacancy snail be so filed the
Governor by and win the advice and consent OF The
Senate, II the Seuate SHAH be IN session, or, not ia
session. the Governor lpaJ appoint to hil sucn va
cancy. Any such appointment snail continue until
and including tue ast day of December next alter
tue election at winch the vacancy shan be niled.
SEc. TO- The judges OF tue Court oi Appeals ana
othsr once or puonc trust. An votes for any or
them, FOR any other than judicial olice given BY
the Legislature or Tue people, shall ne void
SEC. IL. Judges Of tue Court Of Appeals and JUS
tices OF the supreme Court may be removed by con-
current resolution Of Doth houses Of the Leg stature
II two-tnirus OF all the members elected 10 each
House concur therein. All Judicial officers except
those mentioned ia this section, and except Justices
or the peace and Judges aud Justices Or Inferior
courts, not ofrecofd may be removed by the Senate
on the recommendation Of the Governor, II two
thirds Of all the meabers elected 70 the senate
cur therein. But no removal snail be made BY
virtue Of tnIs section. uEaess the cause thereof he
entered on the journals, nor unless the party com
planned OF shall nave been served with copy OF the
charges agalust him, aud shall have had an oppor-
tunIiy of being heard. On tue question Of removal
the yeas aud nays snail be entered on the Journal
THE sUPEKIoR AND COMMON PLEAS COURTS.
SIC. IL The Superior Court OF the city OF rev
York, the Court of Common Pleas for the city ann
county Of New YORK, the superior Court OF BuGaie
aud the CITY Court OF brooklyn are contnueq, VIII
the powers ana jurisdiction they now seyefaly nave
and such further civil and criminal Jurisdiction o.
may DC conferred by law The superior Court y
New YORK. shall be composed OF the SIX judges u
ffga NJ q .lHnr aT