Head of depart ment of mental hygiene; inspections. Concurrent Resolutions of the authorities hereinafter mentioned, but including all reformatories for juveniles. The head of the department of mental hygiene shall visit and inspect all institutions, either public or private, used for the care and treatment of the insane, epileptics, idiots, feeble-minded or mentally defective. There shall be a state State com-commission of correction, of which the head of the department of correction shall be the chairman, which shall visit and inspect all tion; in institutions used for the detention of sane adults charged with or spections. convicted of crime, or detained as witnesses or debtors. mission of correc Submission to people, 1925. § 3. Resolved (if the Assembly concur), That the foregoing amendment be submitted to the people at the general election in the year nineteen hundred and twenty-five in accordance with the provisions of the election law. Proposed amend nient to art. 6. Supreme court; jurisdic tricts, Justices. S. LOWMAN President. STATE OF NEW YORK IN ASSEMBLY Mar 16 1925 By order of the Assembly Speaker. CONCURRENT RESOLUTION of the Senate and Assembly proposing amendments generally to article six of the constitution.1 Section 1. Resolved (if the Assembly concur), That article six of the constitution be amended to read as follows: ARTICLE VI. Section 1. The supreme court is continued with general jurisdiction in law and equity, subject to such appellate jurisdiction of the court of appeals as now is or hereafter may be prescribed by law not inconsistent with this article. The existing judicial tion, dis- districts of the state are continued until changed as hereinafter provided. The supreme court shall consist of the justices now in office and their successors, together with such additional justices as may be authorized by law. The successors of said justices shall be chosen by the electors of their respective judicial districts. The legislature may alter the judicial districts once after every federal census or state enumeration, each district being bounded by county lines, and thereupon re-apportion the justices to be thereafter elected in the districts so altered. The legislature may from time to time increase the number of justices in any judicial district, except the number of justices in any district shall not be increased to exceed one justice for each sixty thousand, or fraction over thirty-five thousand, of the population thereof as shown by the last federal census or state enumeration. Any justice of the supreme court, except as otherwise provided in this article, may perform the duties of his office or hold court in any county. 1 The amendments proposed by this resolution are so numerous and extensive that it is impracticable to indicate the changes proposed. Concurrent Resolutions depart justices. to desig SECTION 2. The division of the state into four judicial depart- Judicial ments is continued as now constituted by law. Once every ten ments. years, the legislature may alter the boundaries of the judicial departments, but without increasing the number thereof, and each department shall be bounded by the lines of judicial districts. The appellate divisions of the supreme court are continued, and Appellate shall consist of seven justices of the supreme court in each of the divisions; first and second departments, and five justices in each of the other departments. In each appellate division, four justices shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. The governor shall designate the presiding justice of each appel- Governor late division, who shall act as such during his term of office and nate shall be a resident of the department. The other justices of the Justices. appellate divisions shall be designated by the governor, from all the justices elected to the supreme court, for terms of five years or the unexpired portions of their respective terms of office, if less than five years. The justices heretofore designated shall continue to sit in the appellate divisions until the terms of their respective designations shall expire. From time to time as the terms of the designations expire, or vacancies occur, the governor shall make new designations. He may also, on request of any appellate division, make temporary designations in case of the absence or inability to act of any justice in such appellate division, for service only during such absence or inability to act. In case any appellate division shall certify to the governor that one or more additional justices are needed for the speedy disposition of the business before it, the governor shall designate an additional justice or additional justices; but when the need for such additional justice or justices shall no longer exist, the appellate division shall so certify to the governor, and thereupon service under such designation or designations shall cease. A majority of the justices designated to sit in any appellate division shall at all times be residents of the department. of appeal ment. another Whenever the appellate division in any department shall be Transfer unable to dispose of its business within a reasonable time, a to majority of the presiding justices of the several departments, at depart a meeting called by the presiding justice of the department in arrears, may transfer any pending appeals from such department to any other department for hearing and determination. tion. ants. The several appellate divisions, except as hereinafter provided, Jurisdleshall have and exercise such original or appellate jurisdiction as is now or may hereafter be prescribed by law. Each appellate Clerks; division shall have power to appoint and remove its clerk and attendattendants. No justice of the appellate division shall, within the Powers of department to which he may be designated to perform the duties justices. of an appellate justice, exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division, except that he may decide causes or proceedings theretofore submitted, or hear and Jurisdiotion. Concurrent Resolutions decide motions submitted by consent of counsel, but any such justice, when not actually engaged in performing the duties of such appellate justice in the department to which he is designated, may hold any term of the supreme court and exercise any of the powers of a justice of the supreme court in any judicial district in any other department of the state. From and after the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and Power to the city of Brooklyn, and such additional jurisdiction as may be of supreme conferred by the legislature. The justices of the appellate division court, as in each department shall have power to fix the times and places tices and for holding special and trial terms of the supreme court held make rules therein and to assign the justices in the departments to hold such terms; or to make rules therefor. fix terms sign jus therefor. Appellate terms; SECTION 3. The appellate divisions in the first and second departments shall severally have power to establish an appellate term of ment, how the supreme court to be held in and for its department, to be con establish consti tuted, Justices. Jurisdiction. stituted of not less than three nor more than five justices of the supreme court, who shall be designated from time to time by such appellate division and shall be residents of the department. Any such appellate term may be discontinued and reestablished as said appellate divisions, respectively, from time to time shall determine, and any designation to service therein may be revoked at any time by the appellate division so designating. In each appellate term, no more than three justices assigned thereto shall sit in any case; two of such justices shall constitute a quorum, and the concurrence of two shall be necessary to a decision. Such appellate terms shall have jurisdiction to hear and determine all appeals now or hereafter authorized by law to be taken to the supreme court or to the appellate division other than appeals from the supreme court, a surrogate's court, or the court of general sessions of the city of New York, as may from time to time be directed by the Appeal to appellate division establishing such appellate term. The appellate term or the appellate division establishing it may allow an appeal from such appellate term to such appellate division whenever in the opinion of either a question of law or fact is involved which ought to be reviewed. appellate division. Supreme court justices; terms; vacancies, SECTION 4. The official terms of the justices of the supreme court shall be fourteen years from and including the first day of January next after their election. When a vacancy shall occur otherwise than by expiration of term in the office of justice of the supreme how filled. court, the same shall be filled for a full term at the next general election held not less than three months after such vacancy occurs; and, until the vacancy shall be so filled, the governor, by and with the advice and consent of the senate, if the senate shall be in session, or if not in session, the governor may fill such vacancy by appointment, which shall continue until and including the last Concurrent Resolutions day of December next after the election at which the vacancy shall be filled. appeals; The Judges: quorum, ary attendants. SECTION 5. The court of appeals is continued. It shall consist of Court of the chief judge, the six elected associate judges now in office, who how conshall hold their offices until the expiration of their respective stituted. terms, and their successors, who shall be chosen by the electors of the state, and such justices of the supreme court as may be designated for service in said court as hereinafter provided. official terms of the chief judge and elected associate judges shall terms, be fourteen years from and including the first day of January tempor next after their election. Five members of the court shall con- absence or stitute a quorum, and the concurrence of four shall be necessary inability. to a decision; but no more than seven judges shall sit in any case. In case of the temporary absence or inability to act of any judge of the court of appeals, the court may designate any justice of the supreme court to serve as associate judge of the court during such absence or inability to act. The court shall have power to appoint Clerk and and to remove its clerk and attendants. Whenever and as often as the court of appeals shall certify to Designathe governor that the court is unable, by reason of the accumulation addiof causes pending therein, to hear and dispose of the same with tional reasonable speed, the governor shall designate such number of cause of justices of the supreme court as may be so certified to be necessary, in of but not more than four, to serve as associate judges of the court causes. of appeals. The justices so designated shall be relieved, while so serving, from their duties as justices of the supreme court, and shall serve as associate judges of the court of appeals until the court shall certify that the need for the services of any such justices no longer exists, whereupon they shall return to the supreme court. The governor may fill vacancies among such designated judges. No such justice shall serve as associate judge of the court of appeals except while holding the office of justice of the supreme court. The designation of a justice of the supreme court as an associate judge of the court of appeals shall not be deemed to affect his existing office any longer than until the expiration of his designation as such associate judge, nor to create a vacancy. tion of judges be accumu vacan filled. SECTION 6. When a vacancy shall occur otherwise than by expira- Court of tion of term, in the office of chief or elected associate judge of the appeals; court of appeals, the same shall be filled, for a full term, at the cles, how next general election held not less than three months after such vacancy occurs; and until the vacancy shall be so filled, the governor, by and with the advice and consent of the senate if the senate shall be in session, or if not in session, the governor may fill such vacancy by appointment. If any such appointment be made from among the justices of the supreme court, such appointment shall not be deemed to affect his existing office any longer than until the expiration of his appointment as such associate judge, nor to create a vacancy. If any such appointment of chief judge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like manner; but, in such Court of appeals ; jurisdiction limited. Appeals. In criminal cases. In civil cases and proceedings. Concurrent Resolutions case, the appointment shall not be deemed to affect his office of associate judge any longer than until the expiration of his appointment as chief judge, nor to create a vacancy. The powers and jurisdiction of the court shall not be suspended for want of appointment or election when the number of judges is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled. SECTION 7. The jurisdiction of the court of appeals, except where the judgment is of death, or where the appellate division, on reversing or modifying a final judgment in an action or a final order in a special proceeding, makes new findings of fact and renders final judgment or a final order thereon, shall be limited to the review of questions of law; but the right to appeal shall not depend upon the amount involved. Appeals may be taken to the court of appeals in the classes of cases enumerated in this section. In criminal cases, directly from a court of original jurisdiction where the judgment is of death, and in other criminal cases from an appellate division or otherwise as the legislature may from time to time provide. In civil cases and proceedings as follows: (1) As of right, from a judgment or order entered upon the decision of an appellate division of the supreme court which finally determines an action or special proceeding wherein is directly involved the construction of the constitution of the state or of the United States, or where one or more of the justices of the appellate division dissents from the decision of the court, or where the judgment or order is one of reversal or modification. (2) As of right, from an order of the appellate division granting a new trial where the appellant stipulates that, upon affirmance, judgment absolute shall be rendered against him. (3) As of right, from a judgment or order of a court of record of original jurisdiction which finally determines an action or special proceeding where the only question involved on the appeal is the validity of a statutory provision of the state or of the United States under the constitution of the state or of the United States; and on any such appeal only the constitutional question shall be considered and determined by the court. (4) From a determination of the appellate division of the supreme court in any department, other than a judgment or order which finally determines an action or special proceeding, where the appellate division allows the same and certifies that one or more questions of law have arisen which, in its opinion, ought to be reviewed by the court of appeals, but in such case the appeal shall bring up for review only the question or questions so certified; and the court of appeals shall certify to the appellate division its determination upon such question or questions. (5) From a judgment or order entered upon the decision of an appellate division of the supreme court which finally determines |