The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-08-09
= YER in the Corporation Counsel's
office IN tho sixth floor OF the
i Hall Of Records they have been
playipy n maui IN ma Huriov 81.

playing a new game during the
iast few days-why Is a City Judge,
and Who?
The puzzle was slammed down upon
Corporation Counsel Polk by a decision
Of the Court Of Appeals which says that
Judge Green has held office de facto
but no, do jure for some five years past.
This decision at first appeared TO be of
no special interest to any one excepting
Judge Green. who. 1t is understood.
Claimed that he was entitled to serve
Until 1915 and draw the annual salary
of il9 900 But upon closer examination
the decision Is found to affect other
Judges of the City Court and possibly
some Of tho Special Sessions Justices.
For time it looked as IL Thousands
upon thousands OF court decisions might
also he involved. Fortunately this last
matte. the most serious OF all. need
cause no worry. While certain OF the
CITY Court Judges have not been serv-
Ing de jure terms for years past. 1t 10 al
legged yet they are all recognized as de
Idsf0 JuuktN hHNnbW, anu as SuCn lnb
decisions they have rendered will stand.
Furthermore. the city win not try 10 re-
cover any OF the salaries of $4,000 a
year which these Judges have drawn;
for serving de facto they are deemed
entitled 10 the pay they have received.
Nevertheless, the situation Is so utter
" without precedent that the Corpora
ton counsel IL preparing to take all
o. the question at Issue into court At
the earliest possible moment. Mr.. Polk
Wi notify the County Clerk that the
terms OF Judge Green and two other
City Court Judges have expired. This
vii prccipltate a review OF the whole
situation by the courts. II the courts
do not render a decision by September
s-the last day on which nominations
f,- once may be fied-the chances are
that there viii be confusion over the
matter IN all three political parties
Republican. Democratic and Progress
sye In tina; event. 1t Is said almost
any citizen would have a chance OF
nominating himself for City Court
Judge merely by getting three friends
70 write his name in on the lists of
three parties.
As nearly as can be ascertained, tho
trouble came about in this way:
Judge James NJ. Fitzsimmons was
elected in 1899 for a full term OF ten
gears lie died In 1904. and to I'LL the
vacancy SO caused Judge Green was
elected. The whole question at issue
rests on whether Judge Green was
elected TO I'LL out Fitzsmmons's UNI
expired term ending in 1910. or to servo
fun term OF ten years, ending in 1915.
Judge Green instituted suit to pre-
vent the Board OF Elections and the
County Clerk from issuing a notice OF
election 20 ba held this coming Novem-
her for Judge Of the City Court TO
succeed him. contending that he still has
another year to serve. He was upheld
BY the Appellate Division. but this de-
oislon was reversed by the Court OF APP
peals.
Judge Green claimed that under the
Constitution of the State Judge could
not he elected in an even numbered year
for term ending in another even num-
hercd year. The Court OF Appeals de-
cied that this constitutional provision
I'D not apply TO the City Court of New
York, court of inferior jurisdiction,
furthermore Interpreting the law In .
,,erra,ior a,ora OH ,na o,hor civ
Cour, r,d,a. s~e.n,in. I,,aoa p,chard
sm,,b ,,,he -. ~ 10. 80 h.c,u,a
.sc,sd IN on odd ,,.ar Tor q ruII term
and who corasousntIv uor. n neacefui
sn,ls ., .y,rna,hy for hi. ANXIOUS
brethren.
n, ,rh,-.a .,., Ill -, Oh. Cstx
cour, tndg.. ia Long conferences
Win cornn,,.,, C.,,n.., po,k ora -. .
re.u,, :. 10 80 ,h.1 au anr..a an ,n,.
no,n, th,, ID. Croan O.. on, ~ ofbca
mi, yaar rh.r =. ,,..,,or .rd =
v.r, ar. inero a",s.o", ~"
thu ,,h.r. Wy ''"'
Tai ~. =, y,,sn. D.,.hartv
n, 49,, 49, "a. y. h,ia.
w.. . ~ 80 W. $3.50 ,h.,
We, az anu no -
IN. oo',,, ~. ~ " ...,,on
n, ,ho aae 10 ~" a. a,
u,,n euns. 1870,
INN Tom, on',t, -. Ia ,,n,m ,ao,W