Handler v. Berry

There are two important questions involved herein: First, is the grant of power to the Appellate Divisions of the Supreme Court by chapter 500 of the Laws of 1930 (amending section 132 of the Code of Criminal Procedure) to investigate inferior courts and the judges thereof unconstitutional? Second, if not, is a referee appointed pursuant to the provisions of such statute authorized to employ an attorney at law to assist such investigation?

The respondents contend that the powers conferred on the Appellate Division of the Supreme Court by the act above mentioned conflict with article VI of the…