The Value of Beauty: Streets and roads do not need to be bare and ugly. Some attention paid to appearance costs very little and is a distinct benefit to the public. Weeds are usually cut down along the roadside, but so, too often, are the trees. When one thinks of the many years it takes for a tree to attain a fine growth, one wonders at the carelessness with which they are sacrificed. A well-shaded road bordered by trees, or a shaded city street, testifies to the intelligence and thrift of the people responsible for them. Such care is apt to be repaid by increased property values.
XIII
COURTS
In the United States there are two classes of courts—State courts and United States or Federal courts. The State courts of each State derive their jurisdiction and powers from the constitution and laws of the State. The United States courts derive their jurisdiction and powers from the Constitution and laws of the United States.
The functions of the courts are to hear and decide criminal and civil cases.
Criminal Cases are prosecutions or proceedings by the State or Federal government to enforce the laws made for the preservation of peace, law, and order in the community, by the imposition of fines, or imprisonment, or the punishment of death, in case of their violation.
Civil Cases are suits or proceedings brought for the enforcement or protection of personal or property rights; as, for example, suits to recover compensation or damages for personal injuries, or the destruction of property, or for breaches of contract, or to recover property wrongfully taken, or to restrain by injunction threatened wrongful acts for which a suit for money damages would not be an adequate remedy.
At the trial of a criminal or civil case, the judge supervises and directs the proceedings, and decides any question of law which may arise. Questions of fact, arising in criminal cases, and in most civil cases, are decided by a jury of twelve qualified citizens drawn from a panel or list; but in certain classes of civil cases the judge decides questions of fact as well as questions of law.
Civil as well as criminal cases must be commenced and carried on in a manner prescribed by law or by rules of the courts. In New York the laws of procedure are commonly believed to be unnecessarily complicated and technical. Innumerable controversies have arisen as to their meaning and effect. They have been amended and supplemented by many statutes, and there is a strong movement among lawyers to secure the adoption of a simpler and more workable system of procedure.
In New York State the courts are of the following classes: Justices of the Peace, or Justices’ Courts, try petty criminal cases involving small thefts, drunkenness, disorderly conduct, and breach of the peace, and certain ordinary civil suits involving sums of not over $200. A person accused of serious crime before a justice of the peace may be held to await action of a grand jury.
In New York City, and in various other cities of the State, the functions of the justices’ courts are performed by courts called Municipal Courts, City Courts, Magistrates or Police Courts, the latter having jurisdiction only over petty criminal cases. The powers and duties, as well as the names of these lower courts, vary in the different cities.