The jurisdiction of the Supreme Court in constitutional cases has not been disturbed. An appeal, therefore, can be taken direct to the Supreme Court from the District Court in any case involving the construction of the Constitu tion of the United States, in any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty is involved, and in any case in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States.
As the Federal as well as the State courts are the outgrowth of the English system of judicial tribunals, drawing their precedents from the common law, and being in a measure, so far as practice and precedents are concerned, a continuation of the English colonial courts, prior to the Revolutionary War, they have an equity and common-law side.
State Courts.—The several States of the Union have a system of courts similar in many respects to the Federal courts and those of Eng land. Each State has a court of last resort, which hears and determines all questions of law and equity on appeal from the trial court. The highest court in most of the States is named the Supreme Court, although in many of the States, like New York, for instance, the court of last resort is the Court of Appeals, the Supreme Courts in the State of New York being trial courts, similar injurisdiction to the Superior or Circuit'Courts in many of the States. The judges of these State courts are elected for a term of years by popular vote, like other officers. The State courts have a separate criminal and civil jurisdiction, and the court of final appeal in each State settles all questions on appeal except where a violation of the Constitution of the United States is set up.
Each county in the separate States has its probate and other minor courts, and disposes of crimes and civil actions committed within the county. The counties and towns in each county have justices of the peace and minor courts of limited jurisdiction, like those of the English system, which dispose of minor offenses and de termine civil actions. The justices of the peace are usually committing magistrates, who issue warrants of arrest, hold preliminary hearings and commit offenders to await the action of the grand jury or the disposition of their cases by courts higher in criminal jurisdiction.
In the large cities and towns there are many police magistrates and justices of the peace to perform the same duties. In some towns and
cities the magistrates and police justices are elected, and in others they are appointed by the mayor, as is the case in New York. There are also in each city minor courts which hear and determine civil actions.
Where a prisoner is held by a magistrate for trial, and is subsequently indicted, he or she is placed on trial on the indictment found, in a court of record of criminal jurisdiction, and, Upon conviction, appeals in capital cases directly to the court of last resort. The decision of the court of last resort is final unless an infraction of the Constitution of the United States is alleged, and the case is then taken to the Su preme Court of the United States. In case the Supreme Court of the United States finds that a constitutional right has been violated, it orders a new trial of the prisoner. In the event of a decision adverse to the prisoner the sentence imposed by the trial court is carried out.
A similar rule follows in cases of civil suit where the final appeal is taken to the Supreme Court of the United States. Such appeals from the State courts to the Supreme Court of the United States usually go up on a writ of error.
There are, however, in many of the State courts intermediary courts of appeal, as, for instance, in the State of New York there is the Appellate Division of the Supreme Court, which disposes of many appeals, and from whose cision there is no absolute right to appeal, except in those cases provided for in the Code of Civil Procedure of the State of New York For instance, an appeal may be taken as a matter of right to the Court of Appeals where there is directly involved the construction of the constitution 'of the State of New York or that of the United States, or where one or more of the justices of the Appellate Division dissents from the decision of the court.
New York Courts.— In the State of New York the trial courts for civil actions are the Supreme Courts; the Court of Claims; the County Courts in each county, except New York; the Surrogates' Courts in each county; the City Court of the City of New York and the City Courts of certain other cities; Courts of Justices of the Peace in each town and in certain 'cities and villages (none in New York city) ; the Municipal Courts of the City of New York and of several other cities.