held regular sessions of the United States district courts (see Chapter XXIV, p. 336). These courts are held in various cities within each district. All witnesses in the various courts are required to make oath or affirmation to tell "the truth, the whole truth, and nothing but the truth." Jurors are required to make oath or affirmation truly and faithfully to perform their duties to the end that justice may be secured. In signing certain legal papers similar formalities are required. Any person violating such oath or affirmation is guilty of the crime of perjury, for which the law provides severe penalties. Jurors receive $3 per day for actual service. QUESTIONS ON THE TEXT 1. Outline the system of state courts. What kind of jurisdiction has the court of appeals? the supreme courts? the county court? 2. Mention three courts in the state having appellate jurisdiction; one having original jurisdiction only. 3. What is the limit in a civil action of the jurisdiction of a justice court? of the county court? 4. Give the manner of obtaining office, length of term, manner of compensation, and two duties of the county judge. 5. Mention the terms of the supreme court in this state. Give the number of judicial districts and judicial departments in the state. 6. Describe the appellate division of the supreme court as to (1) jurisdiction, (2) number, (3) manner of obtaining office, and (4) length of term of members. 7. Describe the highest court of this state as to (1) number of members, (2) conditions of eligibility, (3) length of term, (4) jurisdiction. 8. Compare the judges of the court of appeals with those of the United States Supreme Court with reference to (1) number, (2) manner of obtaining office, (3) length of term. 9. Give in substance the provision of the constitution in reference to the removal of judges. 10. In what court of this state would a murderer be tried? To what other court might he appeal? 11. Write on the court of claims. Is it a law court? 12. State the manner of obtaining office, the length of term, and the chief duty of a judge of the court of claims. 13. Mention two duties of the surrogate. 14. Distinguish between the duties of a grand jury and those of a petit jury. Describe the process of selecting these jurors and of their finding an indictment. 15. Give an outline of the method of legal procedure in ordinary civil cases. 16. Give an outline of the method of procedure in criminal cases. CHAPTER XIII STATE EDUCATION DEPARTMENT Historical Sketch. From its earliest history the state has been interested in the education of its citizens, first as a Dutch colony, then as an English colony, and finally as a state. The first legislature that met under the constitution, 1784, received a message from the first constitutional governor, George Clinton, urging the immediate encouragement of the schools. Since that date almost every legislature has had under consideration some important educational question or appropriation. The first step taken by the legislature toward the creation of an educational system for the state was the incorporation of the state board of regents in 1784. Three years later, at the request of the regents, the legislature revised the school law to extend the control of the regents to include all the instrumentalities for higher education in the state; and in 1795, through the persuasion of the board, the state made a liberal appropriation for the purpose of establishing a system of common schools. The people were, however, unwilling to intrust the management of these common schools to the board of regents; and in 1854, after a long period of struggle over their management, during which nothing very effective was done toward organizing the system, it was decided that the elementary schools should be administered independently, and the department of public instruction was created. Thus it came about that the educational system of the state was, until 1904, administered by two separate and quite independent bodies: one the board of regents of the University of the State of New York, whose function was to encourage and promote education in advance of the common elementary branches"; the other the department of public instruction, exercising control over the whole elementary school system. Board of Regents. The University of the State of New York to-day is a vastly different institution from that contemplated by the legislature granting its charter in 1784. The legislature had in mind an ordinary university; we now find it a federation of higher institutions, libraries, museums, technical and professional schools, exercising its authority through the commissioner of education over the secondary 'and elementary schools as well. The educational interests are thus under the general supervision of the twelve regents, elected on joint ballot by the legislature, since the regents choose the commissioner of education. The regents have power to incorporate, alter, or revoke the charters of universities, colleges, high schools, and academies; to distribute to them state funds to which they are entitled; to inspect their workings and require annual reports; to establish examinations and confer certificates and degrees; to choose a commissioner of education; to supervise the state library and museum; to establish extension courses, approve the appointments of the commissioner of education, and make rules and regulations necessary for carrying out the laws of the state. State Commissioner of Education. Under the unification law of 1904 the board of regents elects a commissioner of education to serve during the pleasure of the board, at a salary of $10,000 per year, with no allowance for expenses. |