The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-11-28
The ConstitutionaIIty OF a Court.

curious question has Just been decided
by the Court of Appeals In reference to the
new Municipal Court Of the city Of Syracuse
In this State.
That tribunal was organized under an
act OF the Legislature passed last year.
which provided. in substance. thatit should
have the same jurisdiction in Syracuse as
was possessed by the courts OF Justices OF
the Peace in towns. The statute In terms
| authorized the Governor. in the first In
stance. to appoint two Judges OF the court.
who were to enter uron their duties on
Jan. l. 1893 one for term OF five years and
the other for term Of six years. Their
SUCCESSORS were to be elected by the people
for term OF six years at the regular char
ter elections.
The case in tho Court of Appeals to which
we have referred was tried in the Municipal
Court of Syracuse as thus organized: and
the only question presented by the appeal
related to the legal existence OF that court.
The appellant contended that the statute
was unconstitutional because it assumed to
empower the Governor n appoint the first
Judges. Section 10 OF Article VI Of the Con-
stitution which relates chiefly to Justices
of the Peace in towns and cities. provides at
the end thereof that all other Judicial officers
In cities. whose election or appointment Is
not otherwise provided for In this article of
the Constitution. shall be chosen by the
electors OF cities or appointed by some
local authorities OF cities. II this provision
applies to such tribunal as the Municipal
Court Of Syracuse. 1t is plain that the Legs-
lature could not confer upon the Governor
the power to appoint the Judges OF that
court. On the other hand. section 10 OF the
same article OF the Constitution provides
that inferior local courts OF civil and
criminal jurisdiction may be established by
the Legislature; and. except as herein
otherwise provided. all judicial officers shall
be elected or appointed at such times and
In such manner as the Legislature may
| direct" II this latter provision is applica-
BILE then there can be no doubt that the
Governor could properly be authorized to
appoint the first Judges OF the new tribunal.
The Court Of Appeals. however has de-
elined to determine which view is correct.
and has decided the case on an entirely
different point 1t holds that whatever
may be the true construction OF the
| Constitution as to the power OF select
ing the Judges. there is no doubt whatever
that the Legislature possessed the neces-
sary constitutional authority to establish
the court. The establishment Of the court
being valid under the Constitution the first
Judges, being actually in posses sion Of
their offices and engaged In diseharglng ju-
| dicial duties. were officers de faeto. whose
title could bo questioned only in some suit
or proceeding instituted directly for the
purpose Of trying the title to the office. or
where such title was directly at issue in
proceeding to which the officer was himself
party. In other words. the law does not
permit the parties TO an ordinary lawsuit
Ia a legally established court TO question its
jurisdiction by disputing the title of the
Judge 10 his Office. where the Judge Is exer-
elslng his duties under color Of statutory
right. On this point Judge DENIS O'BRIEN.
speaking for the Court OF Appeals. says:
1t H0uld Be an Hnsssnly prOsssdins dsrosatOrJ 10
tAs agaisI Of sas ssaEL and sHsEsETs sf ~ EssRssG