{ title: 'The Patchogue advance. (Patchogue, N.Y.) 1885-1961, September 11, 1952, Page 15, Image 15', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn86071739/1952-09-11/ed-1/seq-15/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn86071739/1952-09-11/ed-1/seq-15.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn86071739/1952-09-11/ed-1/seq-15/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn86071739/1952-09-11/ed-1/seq-15/ocr.txt', label: 'text/plain', meta: '', }, ] }
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\ ~ „ „, __ Matter in i ta lics i» »^^to b rackets t ] i. old law matter \• . (unittco- ' rr*TE OF NEW YORK \S-ss^iSra im l^ ^nTnS n ' of r. • * ,he Stat, of New York . ^seventy-one of the Election C \ h\ eb >- g, r that the C nroco'cd amendments num- \ t,g Kii-ntv-two inclusive to the \ • \Wc State of New York ^Z the leg islature to be chosen ^'/ncral eleetu.n of Members ! n v n «hL state .o be hcld on *f,iy of November , nineteen «AS J- CL'RRAN Secretary of state. .nPOSED AMENDM EN T \^ISBER ONE rtiBRENT RESOLUTION OF S ATE AND ASSEMBLY ^Kgmendmenfs to article six £ «nstitution. in relation to ¦LSry Maigwnent . to the .u- fSrt in counties within !!iT of New York of judges ^county courts within the ,rf New York , of judges of r eonrt of general sessions of 11 of New York , of jus- .ft city court of the city Snr York , and in relation to ^rary assignment to the city Srf the city of New York of L. 0 f the municipal court of T f of New York and jus- . of the court of special ses- Jrf the city of New York to i Resolved (if the Assembl y ,) Th ' it section one of article six tcnititution be amended to read «a: j.,, 1. The supreme court is con- with general juri sdiction in law rroty. subject to such appellate U of \> e COUIt of >PP eaI * a ? ,« hereafter may be prescribed ^ inconsistent with this article. jating judicial districts of the ut continued until changed as ite provided . Thc supreme court tmatt of the justices now in office B successors , together with such B l justices as may be authorized r The successors of said justices i chosen by the electors of their jx judicial districts . The legisla- ny alter the ju dicial districts once ney federal census or state enu- w, each district being bounded «ay foes and thereupon re- ion the justices to be thereafter I in the districts so altered. kj iilature may from time to time i the number of justices in any i district , except the number of i in any district shall not be in- j to exceed one justice for each ikouurid, or fraction over thirty- maud , of the population thereof iw by the last federal census or numeration but this shall not is t*j wanner the provisions is Ait article for temporary as- rut of f judge or justice of an' out to sit in the supreme coiwt. tee of the supreme court , ex- otherwise provided in this arti- st perform the duties of his office k! court in any county. a legislatur e nay erect out of the i {udieial district as now consti- another judicial district , to con- I Queens , Nassau and Suffolk u and apportion the justices in ietween the districts , and pr o v ide :ekawn of additional justice s in district not exceeding thc limit provided.] Sec t ion t wo of su c h ar t icle is wended to read as follows: Tit division of the state into xfciil departments is continued constituted by law. Once every in , the legislature may alter the um of the judicial departments , Whoat increasing the number I snd each department shall be tf by the lines of judicial dis- The appellate divisions of the e court are continued , a n d s hall •1 s tven 'justices of the supreme leach of the first and second de- j* i snd fi ve justices in each of \d epartments. In each appel- \ SKS , four justices shall consti- jj 11 ?™ 0 ' »nd the concurrence of *«> be necessary to a decision. « than five justices shall ait an ' . FNernor shall designate the pre* jwicc of each appellate division , •S *? !. . ** dur '\g his term of « m be a resident of the de- ¦« : The other justices of the ap- f °£«> na shal l be designated b y r \** . from all the justices elect- £j wpreme court , for terms of [\\we unexpired portions of PJ*»e terms of office , if leu CW* The justices heretofore r» «all continue to ait in the r *!w>ni until the terms of g«»e desi gnations shall expire. C* to time a. the terms of the I: \?\ , or vacancies occur , S£ *f > make new designs ' fc*? **• ' f 1 re 1 uett of any to , » * the » D «ence or in- io^ 'of wrvice only dur- ,oJ™ d 'v«»ion shall certif y /S^' onc or more addi ' K^\\^ for the speed y *** ** ^unt,i Mott * • i«<t^Jrl J dt *' gnate * n «<Jcii' ^ •dditon.1 j ustices; but im^iV^ . ad d.tional jus- &t 11 . '' ,? longer exist , the •jog ,h,|| so certif y to the l*5 *««Pon service under ffiL ^ ^nitiona shall b *l°«T of the justices desig- he* amu « residents of the RJiJ? * ^'vision in |N »S3 , t s?th,n . » »«on»ble \UI Ai nS ent ' ' \ » m «''»B t«*Me.2? * Uch , d =P»rtment l^g'Pwtaie nt for hearing |BS&fe , * v *«fena . ex- KJIP' T * ' h »\ have l!\ft ««reafur K ?^^ 1 : * ppell ' ie ¦ P\ 1 *» cknWni to »PP«nt m ««nt aj,d aaendanta. No justice of the appellate divi,i.. n shall , within the depdiim. nt to winch he may be desi gnated to ptrloiin tho duties of an appellate JUMICO , cxoicite any of the powers of a ju ; tue i,| the supreme court , other than th; , -e ot a justice out of court , and thi *e pcrt.n:. - int; to the appellate division , except that he may decide causes or rio. - eedn.ji s tlieretofore mbmitted . or hear and de- cide motions submitted b y ci-i ^ ist . f counsel , but any such justice , v. ' .cii :,.,t actuall y engaged in perfoiiiii ' ;^ ' the du- ties of such appellate justi ce m t!l C de- partment to which he is dc-siu^Kd. ;:iav hold any term ul the supu-i.e COM :: a: ci exercise any of thc powcis of a ju-luc ftf the supreme court in a\y luduu! di-- trict in any othe r dep.::t ' :i.e:,t o! the state [From and al;e: ti:c hist day of December , ei ghteen hundie d ar.J nitie ly- five , the appcilate di\ision si,:.i] have the jurisdiction now exercise d b y the supreme court at its fuieial term ' s and b y the general teni.s ol thc omit of common p leas for the crty ar.d e. unty of New ii ork , the superior o.urt ot the C'ty of New York, the sirr-on. r com: t : Buffalo and the city ol Brookiv:\ and such additional junsduin n as m .iv he conferred b y the le^-hmirc ] Th ' . ' ju s - tices of the appellate division ;!; u ; ; . department shall hav e power to fix the times ar.d p laces for holdin g spi o.al and trial terms of the supri ' ne Ci i.rt held therein ar.d to as. M |! n the ju :ic ( s in the depaitnients to hod H :.:, t irn.s: ur to make rules thci cior A county jud ge ej tl.r r, i,i;t ;(t ( ,f Bronx . Kings , ^Hce-is or RiV/i-t ioi.d ( - a jtici ije of the court oj cci(r „j J[S , „ ., ; J of the comity (.; \ .\Vu- Tot , , , u uort.e o) the c;:v c ^u>: ,.) tht oiv if \ew Torl i. may he. assailed n mpi -rur . ' .s , without change ;>i his ^o»ire -isc:- .c > : . to liold a triu! or ipt.uJ trrri ot :he su- preme court in any coiruv u ::h:v , t' if city of } ^ cw Tcri ; npun an order <• • a majority of the justices of ti.r uprefr ' j te division in the judisial defurin - .tnl to U'f n ' cri thc iissigniTicnj is -nude, -i \ ti.tir opinion there is need for the dJux ;• ment and there \s no iiJ jciihi .oii o; seri- ous prei ' uJice to the ci-urt Iron u!::Ji tlie jud >> e or ju. sticf :s a. s>i^ncd . ,\o temporary Assignment of unv judge or justice for service cut-side rii.s juriisisil department shiil! be mode \ode<s a inj - jority of the jiwt ;. es of the •ifpeiiute division in Ins uidicial dcp j Tf r. e r. t con- sent thereto. A jud ge or ju stice le. ' nte tempoTdnl y assigned sj- .j il luve the pott - ers , duties and jurisdiction of a justice of tile supreme cmur. § 3. Such article is hereby amended by inserting therein a new section , to follow section fifteen , to be section fif- teen-a , to read as follows: § JJ-a. A justice of the cotm of special sessions of the n.v of \ew Tort or a justice of the inuincip.il court o ' lhe city of Jsjeic Vor \ may he aligned tcmpordr;lx , icirlmut i. ' ianee in Ins >. iiti - pensatiun , to hold a trial or specui ! ierm of the city Cimr; of th. e city or \eit' Torli; in any enmity upon an crJer of a majority of the ju. sticfs u( tlie appellate d.i'ision in the judicial department to U'hich the assignment is nude , if in their opinion there is nerd for the as- si gnment and there is no Iii jeii iiuoJ of serious prejudice to the uurt from u-ru ' eh (lie jtunce is assigned \ J tem- porary assignment of any justice for service oursid e h\t judicul department shall be mad e unless a majority o( the justices of the a , ipr ) iat- division in ' ' .is department consent thereto . A j u. -tn e U'hile temporaril y ussicned shall liai e the pov.ers . dutieJ and tuiisdic.ie -i nj a lUStice of the citv court. \' o temporary assignment of auv ju- stur Ji 'r sen ice outside his court shall aflfct In- , existing ojjice or create a vacancy therein. § 4. Section sixteen of such article it hereby amended to te.i d .v follows: § 1 6. Vacancies occnm ' np in the office of county judge , special county judge , surrogate , special surrogate , judge of (he court ot general vs-ions of the [city] county if N' cw York , or justice of the city couit of the [county} city of New York , shall he filled b y ap- pointment by the governor by and with the advice and consent of the wi.atc if [the senate be] in scsmii , or i: not in session , b y the governor [st all !i!l such vacancy by], ciucli appi intruent [which] shall continue until and in.hiding the last day of December next alter the election at which the vacancy shall he filled. Jv^ o (emporary assignment o\ any fridge cr j ustice for rr-vv. -r n«it<r ei » fci« court sliail ajfect his evuting ojfn e or create a vacancy therein . § J. Resolved (if the Assembly con- cur). That the foiegoing amendments be re ferred to thc tirst regular legisla- tive session convening alter thc next succeeding general election of members of the assembl y and in conformity with section one of aiticle nineteen of the constitution be published tor three months previous to the time of such ej ection. '>! _ ¦<- \' .- v ., ' ter the judicial c!is, rK -ts once \¦•^ e.eu lui l ,„i ,, ,,,„, , , >t ate enu- l '¦\'• [l ¦ ^ ' ¦ - l -' v' sioo .a heme K-uu ded '¦ ,. -¦ '¦¦¦'> , \t -.- and tl. -,eupor. re- \ !' ; : :i;: \ ' [^ I-'-::- - , to I- , - theieaft cr f -\--^ ¦ ' •' tl' - c d- . -tn.ts -o alter ed . . . . ' i ' A ' : sp ' -l. <ti.ie :: av !i,.;„ time to time ;'\ ; ' , ' '• ' , ' ¦ ; : \ ; ' -¦ ¦'^'• : s: lioticcs ,- , any ' ' ¦¦ ¦ ¦\' ¦ exse pt ti.e i,u:nb . j of J:' - \ ; 1 ; '¦- •'¦¦> ^- IstlK t -hall T.el he 11, - k. ' y.i. \\'t '\ cv ' v . l, ° \'' •¦ ' \ \-lice for eM\ ' . ' ' - • I: - ' - '¦ ' ¦d . or )r, : cfi. :j- , ov er t. ' iirty- ,, u- . ' • ''¦ l: - . ' d - tf ¦ • ¦¦ . - p.p.U,,,,, . !;, .^ \ , \ : ' ¦ ' - ¦ ¦ ¦ - • ' 'I's- - ' ' ¦¦ ¦ ' leder., 1 census or ? V'\ ' '¦¦ > ¦ :,,;.,!.,;- . but :/,,s J .^U , u , t > ' . ¦ ' ;¦: , e ¦ .1- ¦ . . , . .i , ; ;; , . _ _ '• \ '•» ¦ ¦ - . ' -l.c - pri .i-i..ion-i - . \\' ' , , ' . ' . : : ' \' : ''\ ' ' ¦' \ ¦ • ' < •'• •;• '¦'•!'>¦ si- ' ; ' . ' ' a \li': - ' , ' ' f lorae o; an- V \ '' i ' 1 \ ' ' : ' ' ¦ ' • ' , '¦ • ! ' -' 'npone ouot. ' \ - ' . !, \^ ' - : -s ot ti.e sopi, . m, couit , e\- > ; . : .,- otheru:- . - ,: , ded in this aiti- u ' - , '' ¦' :\ v I l!! ' r ^\ ' ' •' ¦ ' duties ol his oihee \ r -\ ¦- w ':-:; •:• • si uy s.iur.ty. t j j ' I 0 ; a >^ ,i: ; -I'^ Y e:ec: (,ut of th.e stsoi s. judi.i., 1 di stira ,,s i.ow consli- tutec . ar , ;h.ir rud' .ciai di. -tnct , to con- *>l ¦! h' ...o> , \o- .;u arc . S ' -iliolk sooi.tus a; o urTi ::. - , . - . the lustices in \ •¦ ' .e ivtvvee:- . the di-;ncts , ar.d provide : . s -i ti,e tluti,,;. ol addition al justices in ; t:.e new di-:r;.: not exceeding the hniit j l.erei. -i prov ided. ] I , § -• St . 'tion two of such article is j .. • :eb y amended to read a^ follows: j § 2. 'I 'l.e division of the state into • i'-'ir juu ioal dep.n:ment- is e>n:tir.ued | as now constituted hv law . Or.ee every j ten \eai . s , the legisla ture may alter the ; ruunuar us ol the judicial departments , : but u ths iit incr easing the number i tnereo ' . and each, department shall be ; hounded b y tire lines ol judicial dis- 1 irists . I tie appellate divisions of the supreme court arc continued , and shail eos , . , -: of seven justic es of the supreme court m each < : th e fust and second departm ents , arid live justices in each of the uthir departments . In each ap- pellate division , lour justices shall con- stitute a cjue 'tuni , and the concurrence of ti'rce shall be necessary to a decision. No rnoie than Jjvc justices shall sit in anv case. The governor shall designate the pre- siding ju stice (^ each appellate division , who shall act as -uch during' his . term of otlice and shall be a resident of thc de- partment . The other justices of the ap- pellate division\; shall be designated b y the governor , from all the justices elect- ed to th .e supreme court , for terms of five years or the unexpired portions of their respective terms - of office , if less than five years . Thc justices heretofore d- . ' -ignated shall continue to sic in the appellate divisions until the teims of their respective designations shall exp ire , brum time to time as the terms of the designations expire , or vacancies occur , the governor shall make new desi gna- tions . He n:a y a^o , on request of any appellate divn-ion , make temporary des- ignation * in ca-e o! thc absence or in- ability to act of any justice in such appcilate division , for service onl y dur- ing -uch ah-ence or inability to act. In case any appellate division shall ceitif y to th. e governor that one or more addi- tional ju stices are needed for the speed y di-jvsition of the business before it , the governor shall designate an addi- tional justiVe or additional justices; but when thc need for such additional jus- tice or justices shall no longer exist , the appellate divi-ion shall so certif y to thc gsivcrnor , and thereupon service under such designation or designations shall ce.o-e . A majority of the justices desi g- nated to sit in any appellate division shall a: all times be residents of the department. \V henever the appcilate division in any department shall be unable to dis- pose of it- business within a reasonable time , a majority of thc presiding jus- tices of the several departments , at a meeting called by thc prc-idmg justice of the department in an ears , may trans- fer any pending appeals from such department to any other department for hearing and determination . Thc several appellate divisions , except as hereinafter provided , shall have and exerci«c such original or appellate juiis- dietu n a- is now or may hereafter be pi escribed b y law . Each appellate divi- n ' siii shall have power to appoint and remove its clerk and attendants. No j iolue of the appellate division shall , within thc department to which he may be de-igv.ited to perform thc duties of an appellate justice , exercise any of the povveis of a justice ol ilie supreme eoiirt , other than those of a justice out of court , and those pertaining to thc appellate division , except that he may decide Cause- or proceedings theretofore submitted , or hear and decide motions submitted b y consent of counsel , but any - uch ju stice , when not actuall y en- g.ured in per loaning thc duties of such appellate ju-ticc m the department to sA. 'iich he is designated , may hold any tcitn ol ti.e supreme court and exercise any of the powers of a ju stice of the supreme couit in any ju dicial district in in v other department of thc state. ( hiM'i ai d alter the last day of Decem- ber , eighteen hundred and ninety-five , tl s app ellate divi-ion shall have the ji. n-d.s 'ii -n now c\eici-ed b y thc su- j :•: ;,, o ur! at its geio-r.il terms and b y the general t erm- \I the court of com- n ol, p lea- lor the city and county of Ntw Y srk , the superior c-.uit of thc .; !• . - id New Y ork , the -upenor court of H ..::.il. ' a-d the siiy ol Hiooki yn , and . ,iel , a hi::: nil j un-ilistioii as may be . , i - . t , md b y the legi s lature ] Thc ju-- t! , s ol the appe llate divi-ion m c.ieh ds p..:: ; .er.t -hall have power to fix the . ,,, ' „ - . ,,i , i j - :. ,,.- f..r holding special and tr.al ti -im- ol the supreme (oiilt held PROPOSE! ) AMKN DM I-LNT NllMBKK TWO CONCURRENT RESOM'TION OF THE SENATE ANO ASSKMHI.Y Proposinganu' iidmi-ntslo article si\ of lhe conntiluti(in . in relation to (emporary assisrnniinl lo Ihs* su- preme court in countU'x wilhin the city of New York of judges of the county courts within the city of New York , of judges of the court of general Hexsioiis <»t the county of New York, of jus- tices of the city court of (he city of New York , and in relation lo temporary anBignmen( to the county courts within lhe city «f New York and to lhe court ol general BCKHioiiM of (he counly of New York , of justices of the court of aperial HesHioim of the city «( New ' York , and in relation lo temporary asuiKnment lo the »i ly court of the city of New l ork \I justices of the municipal court ol the city of New York and justices of the court of special sessions of the city of New York Section 1. Resolved (if the A-en.b.y concur), That section one of aiti - le <¦ ¦ <- of the constitution be amended to n.ie, thcic -u an ! to a--iL 'u the jii ' tKCK in thc depart:! cut s to hold -ueli teimf; or to : : ii. , - i «.;. - (hi ii |o|. A i .roiiv jndec of !¦!¦ * counties of / {,, ,, , k; ,. , . ;^urr ;s or /<iihmoiij , or ., .. ,, j ,( the e iiil '-! ge-irrj ! . \e.vsion.v , • i. . ., - e. - ' ioi:- . ' oj \eir Tor/ ;, or a jm- r,, e ,| ; ' ' .< ulv e \iirt o) lhe city of ,\' -re ~ l- oi- -n.v he .is'i .i'icd lempor-iril y, ii ' itlnuit :.hj. , - -e in Im (»mpensalio>i , to liol.i a I ' ul or Jp.fsi.i l torn o) the su- j o -'if , i -;ii l in i' 1 ! ' - ' m inify nilliin t/le iifv oj \\ cie ' i orl { upon an order of a ?'i.o . 'i l> o ' lie jiisliics of flic appellat e d :r ;>! . . i in f ' lf jiidii ul di piirfmeilt to ii /.i, Ii tlo- j -Mg ' .i ni-iif. is made , if in their , oi,,, ., i (he ii - ;¦ nfd jo r tlie aj sigumeiit ci! d fi ' icrc iv i:o iilcii liood of . • .erwui i-rcn-du c to thc cunt )n\'i winch the ji.dee \r ju.lue >' • j.v«i gned. N\ tempo- i.; v , ' -Jssi g »!mc-it \f i»y jmi li e or luitice t« .r j trtice oul idr /us judicial depart- men - 1I.JI he in-i-lc ur.lejs a tndjority f ,f the juifi .. -' '¦) lhe appellate division in Ins judhui de '-artiiie iil < omen! there- to A liulsv or iinine tehilr lern/'or-iril y nss, c 7i,d . >ii.ill luir lhe poreerj , dnliei und ' Jin udi. 11011 cj a j ustice of the su- preme cuurt . § ?. Such article is hereb y amended b y :ii. -eitiiig tli ereiii two new sections , to le se.tie 'i.s louiteen-a and tifteen-a , to lead , ie spestivel y, as follows: S i -* s. A justice of the court of special sesfii -iis ot tile city of \etc Torl ^ \iav he a>M g ) - ,ed femporanlv , uit/iout ii:a ) ice 111 ins i. (imperisaii07i . to hold a trial si , sj ecia! tenri o| any countv ( ' (. -tire uithiii th e eity of l\' tu' Tor/ < or of the court oj general sessions of lhe colony <¦ ¦] \eio Teo / e upon an order of a ma ' jorit -y of the justices of the appellate d.nsieo! i. -i the judicial department to i. }r., h . the a. ssigr.mt-j u i.t v.ade , if in their ep. ui 1: th ere is r.eed for tlie assignment uiid t- ' itie is sii livelihood of serious / 'reiiiuie c fo the eoiot from which tie jio.i.e ;-; assigned. l\o temporary assigu- iitu: of airy justice Jrr sdiice outside Ins ludieial dtparti'ieut shall be made tuiltss a ntiiji nty oj the justices of the a , \f c. 'i.ite di: ision in his department ( siistut thrre lo . A justice ichije tempo- rani ' , assigned shall hair the powers , duties and jmisdicfion of a judge of the court to i'h:Ji lie is assigned . l\o tem- porary asji gnment of any justice for . serine outside- his court shall affect liis (xutnig ojfice or create 4 vacancy fheiein. S f ' a . A justice of the court of special sessions oj the city of l\eto \ l ' ort\ vr a justice of the municipal court of the city uj J\e!0 Toil; may he assigned temporaril y, u ithout change in his com- pensation . to hold a trial or special term o) the city court of the city of Klew T orl { m any county upon an order 0/ a majority oj tlie justices of the appellate division in the judi cial department to which the assignment is made , if m their opinion there is need for the assignment and there is no livelihood of serious prejudice to the court from tehich the justice is asMgned. ?\ <o temporar\ assign' merit of any j ' tistice for sen ice outside his judicia l department shall be made unless a majority of the justices of the appellate division in his department consent thereto . A justice lehile tempo- raril y assigned shall have the p owers , duties and jurisdiction of a justice of the city court , Xo temporary assign- ment of any justice for service outside his court shall affect his existing ojjice or create a vacancy therein . § 4. Section sixteen of tuch article is hereby amended to read as follows : 8 16. Vacancies occurring in the orbce of county judge , special county ' judye , surrogate , special surrogate , jud ge- of thc court ot general sessions of the I city] county of New York , or justice ' of the city court of the [county] city of New York , shall be filled by appoint- ment by the governor b y and with the advice and consent of the senate if [the senate be] in session , or if not in ses- sion , by thc governor [shall fill such vacancy b y]. Such appointment [which] shall continue until and including the last day of Decembe r next after the election at which the vacancy shall be filled. INJo temporary assignment of any jndjje or justice for service outside his . court shall affect his existing ojjice or create a vacancy therein . § 5. Resolved (if thc Assembly con- ' cur), That the foregoing amendments be rcierred to the first regular legisla- tive session convening after the next succeeding general election of members of the assembl y and in conformity withi section one of article nineteen of the constitution be published for three months prcvioua to the time of such election. PROPOSED AMENDMENT NUMBER THREE CONCURRENT RESOLUTIO N OF THE SENATE AND ASSEMBLY Proposing an amendment to section eleven of article six of the consti- tution , in relation to increasing the monetary civil jurisdiction of county courts outside the city of New York Section 1. Resolved (if the Assem- bly concur). That bectton eleven of article six of thc constitution be amend- ed to read as follows: § 11 . The existing county courts axe continued , and the judges thereof now in office shall hold their offices until the expiration of their respective terms. In thc county of Kings there shall be five county judges and in the county of Bronx two county judges . Thc numbe r of county judges in any county may also be increased , from tunc to time , by the leg islature , to such number that the total number of county judges in any one county shall not exceed one for every two hundred thousand , or major fraction thereof , of the population of such county. [The additional county jud ge in the county of Bronx shall he chose n at the general election held in the first odd-numbered year after the adoption of this amendment.] The ad- ditional county judges whose offices may be created b y the legislature shall be , chosen at thc general election held in the firs t odd-numbered year after the creation of such office. All county judges , including successors to existing, judge s , shall he. cho»en by thc electors of the counties for the term of six years from and including the first day of January following their election ex- cept that in counties within thc city of New York thc term shall be fourteen years. Counly courts in counties out- side the city of New York shall have thc poweis and juri sdiction now pre- scribed by law , and also original juru- dieti on in actions for thc recovery of money onl y, wlieie all thc defendant! reside in the county and in which the comp laint demands judgment for a sum not exceeding [three] six thousand dol- lars: but , if , in any action broug ht in said couit , a counter claim for more than [three] six thou s and dollars shall he interpo'e d , thc \-iipieine couit , on the app lication of either party made in the judicial dislnct embracing; the county, may remove the cause M the supreme court , whereupon tuch action shall pro- ceed and be heard as if originally brought therein . Thc legislatuie may hereafter enlarge or re strict the juri s- diction of the county courts provided , however , that their juri s diction . -hall not be so extended as to authorize an action therein for the iccoveiy of uioLey onl y in which (1) the sum demanded ex- ceeds [three] six thou sand doll *- . , or (2) in which any person not a icsider.t of the county is a defendant , unless such defendant have an office for tl* transaction of business within the county and the cause of action arose therein. [From and after the first day of Janu- ary in the second year following the adoption of this article , all the jurisdic - tion iii civ/1 actions or proceedings now vested in the] The county courts of the counties of K ings , Bronx , Queens and Richmond shall [be withdrawn from such county couiu «nd vested in a constitutional convention , given b y the legislature or thc peop le , shall be void. No judicial officer except justices of the peace , shall receive to his own use any fees or prerequisites of office. A judge of thc couit of appeals , a jus- tice of the supreme court , a judge of the court of general sessions of the county of New York , a justice of thc city court of the city of New York , and a county jud ge or surrogate elected in a county having a population exceeding one hundred [and] twenty-thousand , shall not practice as an attorney or counselor in any court of record in this state nor act as- referee in any action or proceeding. The legislature may impose a similar prohibition upon county judges or surrogates in other counties. No dis- trict attorney or assistant to or deputy of a district attorney shal l appear or act as attorney or counsel for the defendant in any criminal case or proceeding in Wiy court of the state , nor shall any county jud ge , special county jud ge , sur- rogate , or jpecial surrogate appear or act as counsel for a defendant rn any criminal case or proceeding pending in his own county or in any adjacent county. th.e crty court of the city of New York .:- _ ci. - . 't:::ilcd in. and hv -ection fifteen et th:- - article , and s aK l county cvuits shall tlreie.ilte i I be ve. -tcd with juris- ciictievi onl y 11; cumin.i l prosecutions or pi. ceediue. s as now 01 herc.iltcr pro- v ided b y law . Comity judges shall per- tori ' i . -uch unti es a- , may he prescribed b y law . and their comp ensation , as es- tablished b y law , shail he payable out of the ci : ty treasur y. A county judiie of any county outside the city of New Yoi k may hold the county court in any other county when requested hv the county jud ge o\ s.ich other county ; and , in case ot the death , absence , or in- capacity ot a county judge , in a county havi ' r.i - no special county judpe then able to >er\e , the governor may desig- nate .1 county judge of anothe r county to hold the co .inty court during such vacar cy, absence , or inability to act . § 2 Resolved (if the Assembl y con- cur). That the lotegoing amendments be icleriei ! to the lust regular leg isla- tive session convening alter the next succeeding genera ; election e>f members of the assemhi y and in conformity with section one ol article nineteen of thc constitution be published for three months previous to the time of such election. PROPOSED AMENDMENT NUMBER FOUR CONCURRENT RESOLUTION OP THE SENATE AND ASSEMBLY Proposing an amendment to section nineteen of article six of the con- stitution , in relation to the hold- ing- by judges , justices or surro- gates of any other office Section 1 . Resolved (if the Senate cone or). That section nineteen of arti- cle six of the constitution be amended to read as follows- § 19. All jud ges , justices and surro- gates shall receive for their services such compensation as is now or may here- after be established b y law , provided onl y that such compensation shall not be diminished during their respective terms of office Except as in this article provided , all judrciai officers shall be elected or appointed at such times and in such manner as the legislature may direct. No one shall be eligible to tlie office of jud ge of the court of appeals , justice of the supreme court , surrogate , or judge ot any other court of record who is not an attorney and counselor of this state except in thc county of Hamilton as to the office of county- jud ge or surrogate. No judge or justice shall sit in any appellate court in review of a decision made by him or b y any court of which he was at the time a sitting member . No person shall hold the office of judge or justice of any court or the office of surrogate longer than until and including the last day of December next after he shall be sev- enty yeais of age The judges of the court oJ appeals , [and] thc justices of the supreme court , and except in a countv having a population of less than one hundred twenty thousand 1 , the sur- rogates , the judges or justices of any other court of record , and the judges or justices of any court not of record other than a justi ce of the peace or police justice , shail not hold any other public office or trust , except that they shall be eligible to serv e as members of a consti- tutional convention and fo hold other judicial offices permitted by W . A ll votes for any such judges , [or] justices or surrogates of any court of record or not of record , other than a justice of the peace or p olic e justice , for any other than a judicia l o ffice or as a member of § 2. Resolved (if the Senate con- cur). That the foregoing amendment be referred to the first regular legislative session convening after the next suc- ceeding genera l election of members of assembl y and in conformity with section one of article nineteen of the constitu- tion be published for three months pre- viou s to the time of such electron PROPOSED AMENDMENT NUMBER FIVE CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY Proposing amendments to article nine of the constitution for the purpose of removing umbiguificH and clarifying the pr. -visions re- lating to county government , ar- ranging such provisions in a more logical order and separating them from other provisions of such article Section 1. Resolved (if the Assembl y concur), That section* one , two , four , five , eight , nine and thiitccn of article nine of the constitution be arm ruled to read as follows. - Sectio n I . (a) The legislature shall provide b y law fur the orgamrulion and government of counties. (b) There shall be in each counlyf, except in a county wholl y lnduded n. a city,] outside the city of >lw Toil ; a boa rd of supervitor«[,] or other elective governing body, to be composed ol nidi members and elected in such manner and for such period as is or may be provided b y law . In the city 0/ hlew TorJ f the powers and duties of a hoard of supervisors may be devolved upon the council or other legislative bod y of the city. (c) [b] The legislature shall [pro- vide by law for the organization and government of counties . No] not pus\ any law which [shall be special or lo. al in it* terms or in its effect , or which •hall relate specially to one county onl y, shall be enacted by the legislature] relates to th« erMniMtioti or ^oteru ment of a countv or counties out-iat the city o| \cic Toil ; u: less [ ( a) upon the rcciucs: ol ] t 1 > s:u h law applies al , l; e to all such Counties , or I - ) such U' applies aiil ;e tc ' all such Countie s: 11 hie h hui e not cjo ptcs! aiter- iiatir - j Jon? ; * 1/ u 'luiiv goi emmetit pur- suant tei the f Miii. siniis of section tied of this aiticle and , 1} it applies also to one or more of the counties ichuh have adopted such alternutu-e Ji 'rms , meets the reciuircmcnls of paragraph (3 ) of this . section intli regaid to eac h of j uc ' l counties; or (1) such law is Tfejuotcd by the board ot supervi s ors 01 other elective governing body of each Count y to be atlectcd f , or] outside the citv oj .\cui \ IOT J ; and . in any county [having] a/ ~ - fected ichich has an eiclire countv exfciiti- .e officer under an alternative tej rm ol government [providing tor an elective county executiv e cither , upon |, the lequcst [of the board 01 supervisors or other elective governin g bod y with tlie concurrence ot] is either concuned in by such executive officer [of each county to be affected: piovided that if said executive officer disapproved or tails to sign a request for such pioposed law] or , in the ah. ser.ee of suclt concur- rence within ten days of its approval b y th.e governing bod y, [such body may reconsider said propose d law ] is recon- sidered and [if] passed [b y such gov- erning bod y] b y at least a two-thirds vote of all ol the mcmbeis [thereof , the request h y thc executive officer shall not be required] of such bod y; or [(b) upon] H> the legislature receives a certifi- cate of necessity [b yj f rom the governor [to thc legislature] reciting the facts [of such necessity existing in the county to be atlectcd] uh- .ch in his judgment require the passage of such laic and subsequentl y approves it uith the con- currence of two-thiids of the member! elected to each house [of the legisla- ture], (d) [(c)] The leg islature may author- ize boards of supervisors or other elec- tive governing bodies of two or more counties to provide b y agreement for thc discharge within thc tcrntoiial limits of such counties or parts thereof of one or more governmental functions. § 2. (a) The legislature shall pro- vide by law alternative forms of govern- ment for counties [except counties wholl y included in a] outside the city of Heui Yori\ and for the submission of one or more such forms of government to the electors residing in such counties . No such form of government shall be- come operative in any such county un- less and until adopted at a general elec- tion held in such county b y receiving a majority of thc total votes cast thereon in the county, and if any such form of government provides for the transfer of any function of local government to or from the cities , thc towns or thc vil- lages of thc county, or any class thereof , it shall not take clfect with respect to 6uch transfe r unless the transfer , or the form of government containing it , shall also receive a majoiily of all the votes cast thereon in [such] all the cities so affected considered as one unit , in all the towns so ajjected considered as one unit , and in all the villages so affected considered as one unit[, or class thereof as thc case may be]. (b) Any such form of government shall set forth thc structure of the county government and the manner in which it is lo function . Any such form of government may provide for the ap- pointment of any county officers or their sclectu-n by any method of nom- ination and election , or the abolition of their offices , and may also provide for the exercise b y thc board of supervisors or other elective governing bodies of any powcis of local legislation and ad- ministration and the transfe r of any or all of th.e functions and duties of the county and lhe cities , towns , villages , districts and other units of government contained 111 such county to each other or to thc state , and tor the abolition of offices , depaitnients , agencies or units of government when all o| their functions ate so ti.nisfeired , without regatd to the provisions of this article or any other provisions ol this constitution inconsis- tent heiewith . (c) [Except as provided in subdivi- sion (b) nl :ection 1 hereof nothing herein contained shall be deemed to impair or rcstnct the existing power of the legislature to enact laws relating to the government of a county or the cities , towns , villages , districts or other units of government theiein contained until the adopfon of a form of govern- ment by such county pursuant to sub- division (a) of this .section .] If under such an alternative form oj govcrnwieut the hoard of supervisors he abolished, the powers and dudes oj the hoard of supervisors , as prescribed b y the consti' (utiou or h y statute , 1/ not provided for by such form 0/ government shall de- volve upon l/ie elective governing body o) sue h counly. (d) Aller the adoption of f a] an alternative foim of government b y a County puisuant to subdivi sion (a) ol this section , 110 law [enacted pui s uant to subdivision (b) of -ection 1 hcicoi] which does not apply ahl {e to all coun- ties outside the city of .ty w Tor/ ; arid U'fiich in lis application to sm/i counly ahoh- ihcs or creates an elective office , [01 ) changes the voting 01 veio power of or lire method of icmoving an elec- tive ollicei , changes the leini of ofli, e or ireiiices lhe cihn y ol an elective ollicer dining hit teim ol nfliec , aboli she s , ti.in-lcis or siutaiK any jiowe r ol .ill elective olli.ci , 01 change:, the foi m or iiiinpo ' itioi , of the elective gm eriung bod y ol -uch county, sh.il! he ,on e ellec- live in suc h conn/ - , ii- til at Ii ,i-t >iu y d a> s ,it!ci lis fiu.ii . - i..i. 111 e r.t . II within such sixty days el. . ' on . ol tin county 111 liuiiibei eijo.il to .it Ii .. -! live [ ei centum of the toial tiiiiul cr o| vot e. 1 j -l in the county for go - .eiior at the lis t gnlt- r iiator i.il election 'hall file 4 peti- tion with the county chile 01 .one- sj ondn.g ollui 'i ol the . ,iu ty pi ote-t- 11,g ,ig,i :. -t nidi I.I - A , it t-L.ill he. oinc itleclive in ,\u. h iDiintv onl y i| ap. |!|.i\icl by lhe el.dors |,,l uJi ,.nn ,ly] there ..f at the next eri-uing genei.i! i lec - tion held at le.ot suly day- , ll en .illei , Hi the iTi.inr cr and subject to the c ondi- tion? piovided iii subdivision ( i) o! this section for the adoption of [;i j an alter- native lorrn of government . (e) [If under a foim of govcn merit adopted b y a county pur s uant to sub- divi s ion (.1) of thi s section the board of iii p rrvi or> be aboli'linj , the powers and duties of the Ixiard of supeivi s oi s , a* pres cribed by tlie constitution or b y stutute , if not piovided for by such form of s -overnment shall devolve unon the elective governing bod y in such l oiint y. j \' . it!;. us; cn iifained in this st e - tie01 shall be dfctned to i?:;-air or re- strict the evn'Tiiig tor cr of thc Ifgishi- fnie to < uact la;is rcia.M.g fo thc gov- ernment cj a cum ' - , o- the Coir s ' , totrns , village s , i ti. c . ' ric. ' s - or , ' .h.cr u-iiis of guv- cruir-icut fhf ' ei - i contained until the adoption . J ' an alternative |orm of gov- ernment b y . -tish C( reutv puisuant to subdivision la} ci this section . [(f) In a city which includes an en- tire county, or two or mole entire coun- ties , tb. e pi vvei s and duties d a board of supeivisc is may he devolved upon the council or ether lcgulati ve bod y of the city.] § -4 . The legislature [shall], by gen- eral laws eoni oi rung to the eor.difions of paragrap h II) or paragraph t2) of subdivision (c) o\ section one of this article , shall confer upon the boards of supervise!? , or other governing elective bodies , of the several counties of the state such tim ber powers of local leg is- lation and administrati on as the legisla- ture may, from time to time , deem ex- pedient. [In counties which now have , or may hereafter have , county auditors or other fiscal oliicets. authorized to audit bills , accounts , charges , claims or demands against the county, the lcg i-la- tuie may conler such powers upon such auditors , or iiscal olhceis. as the legisla- ture may, from time to time , deem ex- pedient.] § ?. Except in counties in the city of New Ycik and except as authorized in .section nco of this article , sheriffs , cleric s of counties , district attorneys , and rcg istcis in coun'ies having regis- ters , shall be chosen b y thc electors of the respective countresf,] once in every three years and [as often as] tr.icr.ever the occurring of vacancies shall [happen] recp iire . Sheriffs shall bold no other office. They may be recpiircd by law to renew their secuiity, from time to time; and in default of giving such new secur- ity, their offices shall be deemed vacant. But the county shall never he made re- sponsible for the acts of the sheriff. Thc governor may iemovc any [officer , here- inbefore in this section mentioned ,] elective she riff, county olcrl ;, district at- torney or re . ister within th.e term for which he shall have bean elected: [g iv- ing] but before so doing he shall give to such officer a copy of the charges against him [,] and an opportunity of being beard in bis dcfense ; In each county in thc city of New York a dis- trict attorney shall be chosen b y the electors once in every two or four years as the legislature shall direct [and shall be subject to removal by the governor within thc term for which he shall have been elected; g iving to such officer a copy of the charges against him , and an opportunity of being heard in his de- fense]. The [clerks of said counties] clerlt; of each county in the city of H ew Torl ( shall be appointed , and be subject to removal by the appellate division of the supreme court in thc judicial de- partment in which the [respective cuiin- tics are] county is located. In addition to [their] bis powers and duties as [clerks] cleil ; of the supreme court , [they] he shal l have power to select , draw , summon and empanel grand and petit j urors in the manner and under thc conditions now or hereafter pre- scribed by law , and shall have such other powers and duties as shall be pre- scribed by lhe city fiom time to time by local law. § S. [In counties in the city of New York thc] The city of New York is hereby vested with power from time to time [b y local law. ] fo abolish by l o cal law , as defined b y the lenislature. the office of any county officer in thin lhe city other than judges , clciks of coun- ties and di'lrict attorneys , and to as- sign any or all functions of such officers to city officers , courts or clciks of counties , and to prescribe thc powers , duties , qualifications , numbe r , mode of selection and removal , terms of office and compensation of thc persons hold- ing such offices and the employees therein , and to a<sjgn to city ofliceis any powcis or duties of clerks of coun- ties not assigned by this constitution. The legislatuic shall not pass any l.iw alfccting any such matteis in relation to such offices within the city of New York except on mc'sage from the gov- ernor declaring that an emergency exists and the concurrent action of two-thirds of the members of each bouse [of thc legislature but], except that ^ existing laws regarding each such oificc shall continue in fmce , and may be amended or repealed by tb . e legislatuic as hereto- fore , until the power herein granted to thc city has been exercised with respect to that office. [The elective county officcts in office at the time that this aiticle shail take effect , -hall continue in office until the end of the leiins for which they were elected .] The provi- sions of this aiticle shall not prevent the legislature fiom passu,1; general or spe- cial laws piescnbing 01 alleiting peers and duties of such city ofliceis or such couits or clciks to whom or which func- tions of « ' ueli county officers shall have been so assigned, in so hit as such pow- cis or duties cinbi ace sub jects not 1cl.1t' ing to pioperty, all.n n or government Of s||| h citv . § 9\ All city, town and village offi - ccis f ,] whose election or app ointment is not. prov ided for by thu s constitution shall be elected by thc electms of -mil cities , towns .md village' , cr of some divi-ion thcl eof , or app ointed by such authorities thereof , as the h - gi-laluie shall designate for that purpo se . All other olliceis(,] who-e election or ap- pointment is not provide d Im b y this con'tilution[,] and .ill olfieci ' |,] wlm-c offices mav b.eie .iller be e united by law],] shall be elected by the peop le or appoinlid , as the legi-latuie may ducet . [ -J <> .] It shall be the duty of the legls- l.i ' tnii: to pro vide for I be orgar nation of title- , iMinis anJ mcoi pot.ited villages , in such manner as 'hall sediic to such citie s , fincu.v and villages the poweis granted to cities , tonus and villages by this constitution and , 'ill |cct to the pro- visions of tliis con stituti on , to restrict the power of taxation , a- 'cssrncnt , bur- rowing money, conti.icting debts , and loaning thc ciedit of 'uch munici pal tor j -orations , so as to prevent abuses in taxati on and as'i- sments and 111 con- tractin g debt by such municipal corpo- ration s !; and the]. The legislature may tegulale and fix tlie wage- of s,iUtics[,] and thc bouts of work or labor , and make piovi-ion for the protection , wcl- i.iie and safety, of p er-ous employed by the state or by any c ounty, city, town , village or other civil division of the Mate , or by any c ontractor or subcon- tractor pettormii.g woik , labor or serv- ices for the stste , or for any county, city, town , village or other civil division thereof . 5 13 . A. Th.e provi ions o( this ar- ticle sh.u! trot affect any c:;i-ting provi- sions of law r.ot in- ' oiv n-tent with this article: but all cwti- .g charters and other laws , so far as not inconsistent with this article , shall continue in force until repealed , amended , modified or superseded in acce-idance with the pro- visa ins of this article. 15 . Nothing in sections eleven lo six- teen inclusive oj thi s article [contained] shall app l y to or atlect or be deemed to restrict the power of the legislature in relation to (a) the maintenance , sup- port or administration of tire public school systems in any city , as required or provided b y article eleven of this constitution or anv retirement system pertaining to such, public school system or system; ', (b) counties [not wholly contained within a] outside the city of Ncio Tori ;, (c) counties [wholl y con- tained] within the city of New York , except to the extent provided b y section eight of this article , cr (d) the courts as required or provided by article six of this constitution . § 2. Resolved (if th. e Assembl y con- ' cur). That thc foregoing amendments be referred to thc first regular legisla- tive session convening after the next succeeding election of members of the assembly and , in conformity with sec tion one of article nineteen of the con» stitution , be published for three months i.rcvious to the time of such election . PROPOSED AMENDMENT NUMBER S IX CONCURRENT RE S OLUTION OP THE SENATE AND ASSEMBLY Pro p osin g an amendment to section th ree of article four of the consti- tu t ion , in relation to the salar y of the go vernor Section 1 . Resolved (if the Assembl y concur), That section three of article four of thc constitution be amended to read as follows: § 3. The governor shall be comman- der-in-chief of the military and naval forces of the state. He shall have power to convene the leg islature , or the senate only, on extraordinary occasions. At extraordinary sessions no subject shall be acted upon , except such as the gov- ernor may recommend for consideration . He shall communicate by message to the legislature at every sessio n thc con- dition of the state , and recommend such matters to it as he shall judge expedient. He shall expedite all such measures as ma/ be resolved upon by the legislature , and shall take care that the laws are faithfull y executed. He shall receive for his services an annual salary of [twenty- five] not more than fifty thousand dol- lars , lo be fixed b y joint resolution of the senate and assembl y, and there shall be provided for his use a suitable and furnished executive residence . PROPOSED AMENDMENT NUMBER SEVEN CONCURRENT RESOLUTION OP THE SENATE AND ASSEMBLY Pro p osin g an amendm e nt to section six of article four of the consti- tution , i n relati o n to the salary of th e lieutenant-governor Section I . Resolved (if the Assembly ' concur). That section six of article four of the constitution be amended to read as follows: § 6. Thc lieutenant-governor shall 1 possess the same qualifications of eligi- bility for office as the governor. He shall be president of the senate , but shall have only a casting vote therein. , Thc lieutenant-governor shall receive for his services an annual salary of , [ten] not more than tueuty thousand- dollars , to he fixed by joint resolution of the senate and assembl y. If the , office of governor become va- cant and there be no lieutenant-gov- ernor , the offices of governor and lieu- tenant-governor shall be filled for the remainder of the terms at the next gen- era! election happening not less than three months after the vacancy in the office of governor occurs . No election of a lieuti' fsant-jHivernor shall be bad in any event except -t the time of electing a governor. 1, ' iitil the vacancies in the offices of thc governor and lieutenant- governor bc * fillcd b y election , the tem- pora.y president of the senate then in office or his successor as such temporary' president shall perform all the duties of lieutenant governor and shall act as governor. If the office of lieutenant-governor alone be vacant , or in case the licuten- , ant-governor be under impeachment ,! unable to discharge the powers and duties of tb.e office of governor or shall be absent liom thc state , the temporary ' pre sident of the senate then in office or Ins successor as such tcmporaiy presi- dent 'hall peifonri all the duties of liefiten.int-j ^ oveinor , including the duty of acting as governor , when necessary, dm ing such vacancy, inability, absence or the pendency of such impeachment. If , when the duty of acting as gov- ern' r devolves upon the temporary picident of the senate , he be unable to dischaige the poweis and duties of siieh olfice or be ah ent fiom the state , the speaker of the ,i -einbly shall act as governor dinii ;; sudi inability or ab- § 2. Resolved (if thc Assembl y con- cur). That thc foregoing amendment be referred to thc first tegular leg islative session convening afte r the next suc- ceeding general election of members of the assembly and , in conformity with section one of article nineteen of the constitution , be published for three months previous to the time of such election. seiicc. § 2. lU- sob.eJ (if the Assembl y C011- cui). That the loii going amendment be refcricd to the lu st regular leg isla- tive session c eve ning alter the next succeeding grnei.il election of members of the as'Cinhb. md . in conloiriuty with section one ot .utuh nineteen of the constitution, be published for three ' - months previous to the tune of such election . PROPOSED AMENDMENT NUMBER EIGHT C O NCURRENT RE SO LUTION OP THE SENATE AND ASSEMBLY Pro posing an amendment to section ninet een of article nix of the con- stitution, in r elation to the hold- in K by judges and justices of any oth e r oflice Section I. Resolved (if the Assembl y concur), That section nineteen of arti- cle six of thc constitution be amended to read as follows: g 19. All j udges , justices and surro- gates shall receive for their services such compensation as is now or may here- after be established b y la w , provided as follows: Section 1. The supreme couit is c on- tinued With general juri sdiction m ; n.v and equity, subj ect to such .q pen lie jurisdiction of the court of appea l- J ; now is or here a fter may be p.c' ciii ei: b y law not inconsistent with this attisic The exitting judicial districts of the state are continued until changed . T hereinafte r provided. Thc supreme couit shall consist of the justices now in office and their successors , together with n» h additional justiccs as may be authoii -r.l by la w . The successors of said j ustices shall be chosoi by the electors of then respec tive judicial districts. Thc 1IL ; ISU-
