New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-25
STATE CONSTITUTION.


judicial office given by the legislature "
the people. shall be void. -. %, an.
Section IN rs Judges OF inc oouri u nav
Ie reu,oved by concurrent resolution OF uoln
houses OF the legislature. " two thlrds ., h az
tie members elected 10 esch mouse 'on. "a ",t-cs
In All other judicial officers, except lus',e
OF the peace and judges or Justices "i ~ -
courts not ~ record. may b. removed py w
senate, on tho recommendation OF me SV','" ~
II twO-thr,ls OF all the members eie'i'n ~, -
senate concur therein. But 10 officer shall DC
removed by virtue ~ this section except lV'
cause which shall b. entered on me JouinSs'o
nor unles. he shall have been served WIN
statement Of the cause alleged. ana shaIl nave
had an opportunity 10 be heard. On the que
ton Of removal the yeas ana nays enA" W
section li2I H. 30 person shall hold the Of.
hco II Judge lOrl. Justice ~ any court Or SNIy,
gate longer than until ana inciu1ihg 'u' l a.
years Of age. Each jBsiice Of the supreme
court shall receive from the stat" thc ssH
an annual salary ~ ten thousand dollars UT
vearl Those assigned 70 the appel ate DIVISIONS
in the third and fourth departments shall 'a'b
receive in addition the sum ~ Two tb"lsshu
dollars and the prcsd NJ justices ther'ot the
sum Of two thousand tive hundred dollars yer
year. fThOScl me Justices nor 90 Once ~
hereafter elected IN the first and second judicial
departments shall continue TO receiye ION ION
their respective cities, counties or dlstflc'9;
as nov provided by law, such addlu'hai
compensation will make their sgsre-
gate condemnation what they are no" re-
celvlng Those justices elected IN any
judicial department other than the Hrst
or second. and assigned 10 the appellate owl
sions Of the hrst or second aepS @ ia -,
ments respectively as now provided by law,
such addt .Onal sum as Is paid 10 the Jlsu'.S
Of those departments. justice elected IN me
third or fotrih department asst gned by the APP
p.atr division or designated by the governor 10
Loid a trial or special term ID a Judlc9l az,
trict other than that IN which he u elected
inc frsf or s,c,nd judicial dcpqrfncn shall Pc.
cnivc in addition ltonl tUcnfy dollars per ndy
for expenses while actually 80 engaged ~ h"id
INK such term. which shall be paid by the state
aud cha rgcd upon the judicial district where lie
service il rendered The compensation h'i'lh
provided shall be In lieu Of aud shall exclude
all other compensation and allowance 10 lsan
such justices for expenses OF every klhd ana
nature whatsoever Tho provisions Of this sec
tion shall apply 10 the judges and justices now
in office and 10 those hereafter elected. by-
CcDt ~ the case Of the consolidation Of the Of
Rc,s NJ county tudge and surrogate, or 10 make
tic compensation Of the Jndges " the court Of
appeals equal To that ~ any justice o. the gu
PRIME court. the compensation Of q jHdgc or Jug,
ficc " any court NJ rccOrd in the state shlH
BE- neither increased nor decreased during the
term ~ Office fOr Uhich he uds elected or dD-
pointed
ABSTRACT by the amendment to this sec
tion. the existing provisions relating 10 the
compensation Of Justices Of the supreme court
IN the first ard second departments are made
applicable to t.,e justices now IN office or here
after elected. The additional per diem com
IcnSatiou given to justices in the third aud
special term IN the 1rst or second departments
Is increased from $40 to $50 per day in order to
meet the estimated Increase In the cost OF liv-
ing In those localities. Except In case OF
the consolidation Of the Offices OF county Judge
and surrogate. or Ia make the compensation Of
judges Of the court OF appeals equal 10 that OF
any justice Of the supreme court. II j. pro-
yided that the computation Of Judge or jus
tice Of court Of record in the state shall be
neither increased nor decreasd during the term
Of office for which he was elected or appointed.
Section 1871 IS. The assembly shall have the
power Of Impeachment. by a vote Of a ma jority
81 all the members elected. The court for the
president Of the senate. the senators or the
major part Of them. and the Judges II the court
Of appeals. or the major part OF them. On the
trai or an Impeachment against the governor
or Lieutenant governor. neither the lieutenant
governor nor the temporary presideHt Of the sen
dte shall lnotI act as member Of the court.
order all or any part NJ the testimony 10 De
taken and reported ~ committee composed of
OUtcer must DC dlioWcd 10 TESTIFY before the
court II he 50 desire. No judicial officer shall
exercise his office after articles OF i'm
parchment against him shall have been pre-
fcrred 10 the senate. until he shall have been
acquitted. Before the trial Of an Impeachment
the members II the court shall take an oath or
affirmation truly and impartially To try the i'm
person shall be convicted without the concur
renee OF twothir1s Of the members present
Judgment IN cases Of Impeachment shall NOT OK.
tend further than 10 removal from Office or r.-
moysl from Office and disqualification 10 hold
and enjoy any ohice OF honor. trust or profit
under this state; bur the party impeached shall
he liable TO indictment and punishment accord.
ing 10 law.
ABsrRAcr.-The amendment TO this section
extends the existing prohibition against the
heutehaht governor acting a member OF tho
court OF Impeachment on the trial OF impeach-
ment against the governor 10 the tennorsrv
president OF the senate; such prohibition being
the application Of the principle that no man
should sit in judgment where he has n dir@rt
interest in the result. TO facilitate the CON
duct Of Impeachment proceedings il is also pro-
vidcd that the court for the trial OF inpeach.
mehts may order all or any part Of the testi-
mony To be taken and reported by a commits.
the impeached officer must he allowed TO tes-
tify before the court. If he shall so desire.
Section ~ 10 The existing county courts
are continued. and the judges thereof now in
office shall hold their Offices until the expira.
ton OF their respective terms erccpt thdi the
county courts IN the counties Of KINGS Queens
county Judges trdnsferred as proridod IN this
article. lin the county Of Kings there shall
be- four county Judges The number Of county
judges in any county may Ialsol be increased
from time 10 time. by the legislature to such
number that the total number Of county Judge,
in any one county shall not exceed one for every
two hundred thousand. OF. major fraction there
Of. Of the population Of such county. fTha
additional county judges in the county OF Kings
shall I've chosen az the general election held in
the first odd Numbered year after the oIontion
judges whose Offices may be created by tn
Legislature shall be chosen at the general cleo
ton held In the first Odd-numbered year after
the creation Of such Office. All county Judges
including Successors 10 existing judges shall
he chosen by the electors Of the counties for
the term OF six years from and including the
Except as in this article othertcise prot,tfed
county courts shall have the powers and Iuris.
dlctiOn ltheyl now prescribed by the le0isiG.
ture, [possessl and also original Jurisdiction
In actions for the recovery Of money only
where all the defendants reside in the county
and In which the complaint demands Judgment
for a sum not exceeding ftwol three thousa nd
dollars. The legislature may her-a fter en-
large or restrict the jurisdiction Of the county
courts. provided. however. that their jurisdic.
ton shall not be extended as to authorize n n
action therein FOR the recovery Of money only
in which % the sum demanded exceeds (twol
three thousand dollars, or 81 in which any
person not a resident Of the county Is de-
fendantt.l. unless such defendant hare an
office for the trdHsGctiOn Of business ufthin the
county dnd the cause Of action arose therein
Courts OF sessions. except in the county OF
New York. abolished from and after the
last day OF December, eighteen hundred and
nlnety-fye. All the Jurisdiction OF the court
Of sessions In each county. except the county
VI New York. shall thercupon be- vested in thu
county court thereof. md all actions and pro-
ceedings then pending In such courts OF ses-
sions shall be transferred to the said county
courts for hearing and determination Every
county Judge and special county Judge IN couI-
ties hGung the sGr,c shall perform such duties
as ltheyl may be- required by law. His sal
airy shall be established by law. payable out OF
the county treasury. A county judge OF any
county may hold county courts In any other
county when requested by the judge Of such
other county.
ABsrnAcr.-The amendment 10 this section
abolishes the county court OF Kings. Queens
hich1ond aud Bronx. increases the jurisdiction
of the remaining county courts in common law
actions 10 $1,000. and authorizes the legisla-
ture To extend their Jurisdiction 10 causes IN
Whlch person not resident OF the county
Is defendant, III he have an Office for the
transaction OF business within the county and
the cause Of action arose therein. These
changes are made in response TO u very wide
spread demand
Section llll u. The existing surrogate.