The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-05-24
COMMISSIONER OF JURORS.
.,r FINAL DECISION ~ FAvOH OF
T,,E udyOR,s 1PPOINTEE'
change. which have been Made In me e., l""n
for selecting Jurors Text OF '.o ~"
- - Inhrrs of the COURT Of AppohI''

thans.s 'a,,aa Juror.-Tcxt Of the Opini6n
Of the Judges OF the Court oil App'"''
n. Iopn ,s ,c Dogoia' iT'y~r 6 SitlHiia y yor
d,a' NIni; VIM NJ BcaSs Jor teIo""e"r .n
Andrews. 1.-The Office Of Commi'-io"c'
y, Jurors, the title to which Is III co''i g, ,no
,nts action. was created by chapter 80 -
lava Of lst7 which IS entitled ~, " :, rba
ton 70 Jurors In the city Of Ne" i,' in.
general purpose Of the act rs ~ '.,,r,aipIng
at. ,,as To provide system 'Or -, ,ho
,,e per.ons nable to perform 'u'' n. ,,, ,,,rv
,,, - N,w fork, aud i'r u'e''' -, -, -,
CIV, W. ,,,, Enforcing It's performance III a'u y,
service ''t Of Justice by the courts OF
W. ~ and i,cal Jurisdiction held therein.
-, - ia. made a radical change In the
,.',I, NJ selecting jurors for the city OF New
y.rk Nv the second section 1t was PROVIDED
mt there should he a Commissioner Of Jurors
-, he app,inted by the Supervisors OF the city
cha Judges Of the Superior Court, AMI the
I,J,.s of the Court of Common Pleas. Inc act
r,,ds IL the duty OF the Commissioner OF Jurors
+, prepare Jury lists containing the names Oh
uer.ons subject to jury duty In the city 70 nc"'
and determine claims for exemption anu WV"
~, h,ry lists were completed, to return them l"
,b, County Clerk aud certain powers "ere
. - In hin, ln res Get to the imposition and
,.ni..ion OF fines upon defaulting jurors, which
ht theretofore been exercised by the courts
rts anes collected were to tie paid into the
county treasury. and tho supervisors were d.
rected sec. IL to allow the COMMISSIONS out OF
the Ines, &C., feasonaDle cohpeh-ati4n anu
-, ,r,yii lie MN (sec ~ with books, stationery,
'nt suil able room ran Office. lie was required
s,e. ; 10 execute To the MAYOR. Aldermen. aud
T,nlmonalty an official bond In the penalty Of
S,1nt i0 I've approved by the Mayor.
W - m be seen from this brief reference to the
pro,isions IT tue act, that the Commissioner Of
J.rlrs u,cecded TO the towers heretofore
YET d 10 the Ward Assessors under the ordi-
n,nres ~ the Common Council IN respect to
,b. .frp4r itiuu OF jury lists, but the act had
b'oaitr score aud aimed, by concentrating
4 .y,r. and duties which had before been dis
,rinilcd between the local officers ana the
y 1rts. In a single terson. to establish a more
eoi,, lrle anu III rent administrative system for
tue regulation u toe jury service III the city
APPOISTNENr OF THE RELAToR.
rn. relator in May. 1854. was appointed Com
missioner Of Jurors 10y convention COMPOSED
OF the Judges Of tue superior Court aud the
r,uri II Common Pleas. tnd the supervisors II
he CIV ami emit cred upon the DISCHARGE Of the
duties Il the once. and continued 10 act as such
Commits. Toner until july -. 1879. when tue de-
fend..n upon the nomination Of the Mayor ana
confirmation Of the II lard OF Aldermen acting
under tie authority u an act entitled " An act
H. reorsanLr the local government OF the city
of New York." being chapter Sb Of the laws Of
is,j was appointed Commissioner of Jurors.
81 the 25th sect ON Of that act II Is provided
uat THE Mayor sball nominate, and by and
with the consent Il the Board of Aldermen, APP
point the heads OF departments and all commis;
gIrtrS. ana also members of any local
hUiru, and all other officers not elected by the
people, including the Commissioner of Jurors"
he defendant assumed to act as Commission
ef u Jurors under his appointment, apd has
ever since remained In possession Of the Office
No ques IN is raised a. to the regularity OF hts
appointment. under the act Of 1915. aud his title
to tue uniCe is challenged on tine single ground
that the provision Of tie act vesting tue power
otapountment VI Commissioners OF Jurors in the
Mayor and Aldermen Is In conflict with section
10 of article Of the Constitution, In that the
III Jet II tue appointment OF a Commissioners
VI Jurors Is not subject expressed In the title.
The more specln ground upon which the oo.
jecuOn Is based. Is that the Com issioner Of
Jur r. created by the act Of loi7 was county
officer, aud that change in the mode Of APP
4. poin'mtnt could not constitut,unaily be made
BY IN act which 10y its title related to reorgan
New Y rk.
Inc tod ; Of the act Of 1873 deals with the cor
pnrae lwers Of the city. and Ia substance Is "a
revision II the city cnarter. nd the title indi-
Gates that this was the subject Of the enact
ment.
1t the Legislature, In ensctine a city charter.
should undertake. therein to prescribe the mode
OF itpuin ment OF all ficer whose character as
scounty III rer WAS indeiibly fixed 10y constitu-
nongl provision. there would be much reason
4 Tor claiming that the act IN this respect would
violate tue consu luton PROVISION referred TO.
POWERS OF CITY GOVERNMENT.
Tie subject Of appointment 81 county
officer would not Ue understood as being COM
Lifted 10 the powers and functions of a civ gov
| eminent. 1t would he ano' her and distinct sub
!ect. aud one not expressed III tue titlr and on
| t0tn gIounds TINS part Of the act might well be
regarded as nv lid.
me act VI 1871 creating the once OF Com mis-
! noner Of Jurors did not m terms make II a
county Off e, aud neither the mode OF appoint
Went nor the functions winch the officer was 10
exercise maze him distinctiyely county Of
Ser
Tue power Of appointment was vested In the
persons who NJ the time were supervisors Of the
ctN. acting In conjunction with the Judges 81
tN1 ( the local courts. But the supervisors in
exercising the power conferred did not act rs "A
board ~ their corporate capacity, but as indi-
huual officers clothed by the Legislature. IN
Connection with the Judges, with IA specific au-
1 a. hat he mar
Nl'oi- were al the same tune the Aldermen Of
te city
Ht lave thus far assumed the PROPOSITION
stated Nt the learned counsel OF the Telator to
BE- true, VIZ. that II the Commissioner oil Jurors
appointed under the act Of ls47 Is 10 be regard
4 eu asa county officer, The LEGISLATURE could not
IN IN act lot the reorganization Of the city Gov
tHn eut % ase hln city officer, and change the
hoge of appointment.
But we do uol ssent to this view. The act OF
- gTe ted ID new ofice, ana provided Tor The
aunolulrrni by local authorities OF an Officer TO
ui-t harge It's duties. These duties were local,
anu concerned we interests of the people within
III uls population aud territory were identical
II WIN those OF the city oi New York. Ii was
n oomutteut for the Legislature to make IL a city
81 VI county once, aud To- vest tue power Of ap-
pOlHlmeul IN cry or county authorities.
CITY OFFICE.
Assuming that the Commissioner OF Jurors as
constructed o. the act Oi lS47 a county OH
ger, we Legislature by acting lost none Of It's
Id s''noHti over thr subject. IL could thereafter
s,on,n me office, or change its character from
4 "A
,ioht mode ol appointment. The whole SUD
e. wac !, mn tue cOntrpl Of tue Legislature
"Hal we Legislature could nave doue origi-
aap II could do by Il subsequent Enactment
i'e "'i VI loijNested tue power OF APPOINTMENT
commissioner VI Jurors in the MayoT aud
,ggmhuh Lnuuct TINS made II distinctly d city
huter ~ -" N""'
lue utle to the act notice that the Legis-
u 'H,' were dealing with The general subject Of
~ stI1 municipal powers OF the city Of New York.
VI ,"N "Nat"fef powers were conferred ~ IL upon
II IVY government were cOmprebended In the
r. ",l"l SUBJECT EXPRESSED la the title, VIZ: tho
w nm, 20 ,@dN9n "i the local government OF the
~ Guy o New York
t,smhe" ol the anomalous relation existing be-
III n 'he citb aud county OF New YORK, there
.,,n tHlti ~ committing 10 the city Gov
s'p''' dAd 10 officers appointed by toe city
snt r.i'.'es control OF the subject OF selecting
ctr tihus Jurors, within the territory Of tue
ff.a"u .puhlN, and cert ,inlY there Is no defect
In, atNr power 20 provide IN 1 tue Jury eys-
H. In",pu'n %. administered by city Officers.
o.. -, t"i tle Leg stature to distribute the DOW
en- ~ 4" government - b, w cen the city and
tn' NNe' hihents ~ II may deem hest and
ly .,,N 'otl"l' "heh not restrained or excluded
IN l"Nl-i"i 81 the Constitution, Is absO-
u.s a"u y" "a n provision applicable to the
M" Nnu'I consideration exists.
FL t,t,,-'N' 81 uphlon That the subject Of the ap-
enh,s''n W ~ tonuiissIoner Of Jurors Was
hrI-1 "llHlh The gohvTai subject EXPRESSED
f-na ~, ~ Ir ~ TIE act Of 1913, and III the de-
llr,n' wa legally appointed To- that office he
II 4