New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-17
THE SUPERIOR CITY COURT.
4 PLAN FOR IT'S ABOLITION AGREED TO.
PROVIDING THAT TIE COURT SHALL CONTINUE
ON CERTAIN CONDITIONS UNTIL JANUARY
/. 1901. WITH ITS PRESENT POWER
AND JURISDICTION EXCEPT THAT
OF RECEIVING APPEALS.

Albany Aug lG.-Thc Constitutional COMMISSION
reconvened at o a. today. Mr. Carr faia ,i'V INC
special committee appointed yesterday u cosIer wv
question OF q division Of TIE state mo ucP"u"c'''
was unable TO agree The report was aecc.''o "'u
Mr.. Carr then moved that a specal committee I'll SIX
bc a,pontcd to consider and report on the matter
The chairman appointed as such committee McSs''
Woods. Kellogg Adams. Gilbert. Barker ana carr
Mr. Earker moved that County Judge and Surro-
cafes except those in the County OF New orA, shou'
he EXEMPT from the age limitation. MT. fcaiS'h
a,od that Kings County also be excepted The whole
subject tabled . ,
,r rorlxcr moved that the president be a member
~ tho Revision Committee when appointed Adop'ei
The nrc.ident appointed such committee NeSSlS
Carter UornbOwcr, J. c. smith, Kellogg anu ->c'soh'
Mr. Woods offered the following:
Resolved That it is the sense OF 'liS 'on''ni'
that the Legislature shall provide for the submission
to the people OF an amendment to the constitution oS
which in cou,ts OF record the agreement OF nine or
more Jurors, and in courts not OF record INC ae'co
n,ent Of four or moro jurors, shall constitute the
verdict of a trial jury. Tabled
Mr.. Gilbert offered this resolution;
Resolved That when the Legislature SUBMITS INC
nroposed amendments to the Judiciary Article OF the
nnSt,ion 70 the vote of the electors OF the state
,,o nronostton he submitted: shall the term for
which Circuit and General Term Justices be eight or
fourteen years y ~
On Mr.. Hornblowers motion this was tabled
G I. smiths motion that When the Commission
adjourn IT be to meet the first Tuesday OF December W
10 a. n at the rooms of the Bar Association Ill New"
Yark, was carried ,
Mr. Uornblower from the Committee on superior
City Courts NewYork County surrosatc's courts ana
local inferior courts of the city of submitted
the full amended report Of the committee.
Mr. Adams moved to disagree with so much OF the
report as makes provision for the Judges Oh u'o
superior Court ard to provide for SIX supreme Nonr'
justices This was lost and the report was adopted
Relative to the abolition OF the superior 'oHiV VI
New-Yori the report reads:
The superior Court in the city OF Ncwiorh y
b,robv abolished from and after the lst OF January
1901 except in the event Of the earlier death or
resignation of the remaining judges thereof as he
after provided but until then, or such earlier de''h
or resignation OF the last of the judges thereof su MI
peror Court IS continued with the power ana Iui''
dIction il now has, except that hereafter
It shall exercise appellate jurisdiction MI appears
now pending said superior Court shall be- upon me
adoption of this article, transferred for hearing ana
determination TO the General Term OF the supreme
Court for the First Department The terms oil once VI
three Judges Of said superior Court who shai nave
been elected after 1st OF January, $780, shaH expire
on the 3lst Of December 1894, and no successor OF
successors of said judges shall bc chosen, but IN thef
place three Justices OF the supreme Court OF inc f't
District shall be elected at the first general election
next aft, the adoption Of hls article Upon the death
resignation or expiration Of the Of Office OF any Of
the three Judge, Of said Superior Court no successor
shall be chosen hut in the place Of such Judge Justice
af the supreme Court in the First District shall be
elected at the first general election next thereafter
IN the event Of the death or resignation Of all three
judges of said court remaining In Office on the ISL OF
January 1875 AT any time prior 10 the LIT Of January
1901 the said superior Court shall be- upon such death
or RESIGNATION forthwith abolished. Upon the abol
ton of said superior Court the seal archives and
records Of said court shall deposited In the Clerks
Office Of the County of York and an actions and
proceedings then pending in said nrslall be trans
ferred to the supreme Court for hearing and de
termination. Until the abolition OF said superior
Cou?t the general torn Of the supreme Cont f?r ne
First Department may detail the JUDGES Of sald Sn'
supreme Court in the First District ,,..
The report provides the same plan for the abollronn
Of the Buffalo court l. In the case OF ne New lnh
court except that the Buffalo court j. abolished alter
January !, $50, and the number Of supreme Conr,
Judges elected after December 81, lo0i, sAall onN
equal the number of the superior Guy Court Judges
whose terms expire at that time .-,,....,,. ~,
Mr. IIOrnblOwcr moved that no recon liberation OF
the past action Of the Commission be made, except
by tic vote of majority OF all The members Oh the
j. J. Smith raised the poln; Of order that The future
proceedings Of the Commits don conld no, De 30 nam
this resolution. be recorded in the negative
The chair decided The point not wen ,at@h Mr W.
! Sir. Carter moved that committee De- ap
pointed. consisting Of ore from ea,h JndCiu pl
! mcctlng what number Of supreme Court Justice, hal
he chosen throughout the whole state aud how they
shall be allotted among the different districts ADOPTED
| Tho president rancd such committee Mc>-rH
| Rartlei, Frost. WO,d. Russell, Wright, Eoaidman
Eaincs and Barker 49,,
| O. L. smith offered a resolution that the Committee
on Revision be requested to make such fTromnehda
tous i'm addition 10 the action already taken hY w
| Commission they may deem neccsstry u har
mOuCus perfection Of the several provisions adopted
hv the Commission. and that they have such recon-
nendations printed in italics In their report which !
10 be cent ~ each Commissioner before November 20
This adopted. -.
| York on the first Tuesday ia December