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THE SENATE CHAMBER (above) AND THE ASSEMBLY CHAMBER (below) IN THE STATE CAPITOL AT ALBANY

are chosen by the voters in town meeting for a term of four years. They are paid by fees. Their jurisdiction is limited to petty criminal cases and to civil cases where the amount involved does not exceed $200. They may, however, issue warrants for the arrest of persons suspected of graver offenses, and may after examination admit them to bail (money security for their appearance in court when wanted) or send them to jail to await the action of the grand jury. Over both civil and criminal cases of a minor nature a justice court has original jurisdiction; that is, such cases may be begun there. Appeals from the decision of a justice court may be taken to the county court; that is, either party to a civil suit may upon request have his case reëxamined in the county court.

County Courts. The court next higher than a justice court is the county court. As its name implies, its jurisdiction is limited to the boundaries of the county. It has both original and appellate jurisdiction over most of the cases, either civil or criminal, arising in the county. Its jurisdiction in civil cases is limited to those in which the amount involved does not exceed $2000. Issues of fact in a county court are determined by a jury of twelve men drawn by the county clerk from the list furnished by the town board and the board of supervisors (pp. 135136). In every county except the county of Kings, which has two county judges, and the county of New York, which has no county court, there is a single county court, presided over by a judge chosen by the voters of the county for a term of six years at a salary fixed by law but varying in different counties. County judges may be removed by a two-thirds vote of the senate on the recommendation of the governor, but such removal may be made only for cause and after the judge has been

informed of the charge against him and has been given opportunity to defend himself.

The Supreme Court is the next court higher than the county court. In this court may be tried all grave crimes against the laws of the state, and all important civil cases. The state has been divided into nine judicial districts, in each of which the court holds its sessions. The first district is entitled to thirty-two judges, the second to twenty; the third to seven, the fourth and sixth to six; the fifth to eight; the seventh to seven; the eighth to fourteen; and the ninth to seven; making in all one hundred two, elected for terms of fourteen years. In the first and second districts the salary is $17,500 annually, and $10,000 in each of the other seven districts. The judges are elected by the voters of their respective districts. At the age of seventy years a judge must retire. Judges may be removed by a concurrent resolution passed by the legislature, providing two thirds of the members concur. The supreme court has both appellate and original jurisdiction; that is, cases may be begun in this court or taken to it on appeal from the county court.

Appellate Division of the Supreme Court. To lighten the labors of the court of appeals another court was created in 1894, called the appellate division of the supreme court. The state is divided into four judicial departments, the first consisting of the counties of New York and The Bronx, the other departments including the judicial districts near them. There is an appellate division in each department, located respectively in New York City (first), Brooklyn (second), Albany (third), and Rochester (fourth). From those elected to the supreme court the governor assigns seven judges to the first and five each to the other departments. For this service supreme-court judges receive an

additional salary of $2000, and the presiding judge of each department, $2500. No more than five judges may sit in any case, four are necessary for a quorum, and the concurrence of three is necessary to render a decision.

Court of Appeals. The highest court in the state is the court of appeals. It is a court of last resort in questions arising under the laws of the state. The judges are ten in number and are chosen by the direct vote of the people of the whole state. Their term is for fourteen years, and their salary is $13,700 per year. One of their number is chosen as chief justice and receives $14,200. No judge of this court can be removed without the action of two thirds of the members of both houses of the legislature. Temporary vacancies are filled by the governor, with the advice and consent of the senate, until the time of the next general election. This court is almost continuously in session in rooms in the capitol building at Albany. Five judges are necessary to constitute a quorum, and the concurrence of four is necessary to a decision. Its jurisdiction is strictly limited to reviewing questions of law, except where the judgment is death. That is to say, this court deals only with cases brought up from the lower courts on appeal, and examines them only with a view to determining whether the law has been properly interpreted. It is only in grave criminal cases that it examines into the facts.

Special Courts. Besides the regular system of state courts there are certain special courts the court of impeachment, the court of claims, and the surrogate's court. The court of impeachment differs from all courts of law. Charges of impeachment are brought against the governor, lieutenant governor, judges, etc. by the assembly and tried before the senate, the judges of the court of

appeals, and the president of the senate, sitting together as a court of impeachment. When the governor or the lieutenant governor is on trial, the president of the senate does not sit with the court, it being presumed that he would be an interested party. A two-thirds vote is necessary for conviction, and the power of the court does not extend further than to remove from office the person convicted, or to disqualify him from holding any office of honor, trust, or profit under this state. The court of claims consists of three judges appointed by the governor, with the advice and consent of the senate, for a term of ten years, at a salary of $8000 per year each. One of their number is designated by the governor as presiding judge. Its jurisdiction extends to cases of private claims against the state and of the state against a claimant. A state is a sovereign in strictly state matters; that is, it is the original, first, or highest authority within its field. It is therefore incompatible with state dignity to be sued by one of its subjects, so to speak. In order, therefore, to get around this question of dignity and permit the subject to do the same thing under a different name, the court of claims is established. The jurisdiction of the surrogate's court is often exercised by the county court. In counties with a population of over 40,000 a special surrogate's court for the trial of cases involving the settlement of wills and estates of deceased persons may be had. This court also appoints guardians for the care of minors (children under twenty-one years of age) and their property. The term and the salary of the surrogate, except in the county of New York, is the same as that of the county judge. A coroner's court is held for the purpose of investigating the causes of suspicious and sudden deaths. The coroner has power to issue a warrant for the arrest of any person

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