The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-10

o s.p.%bsr October % and November 49,. -. $50
sn''n DO .s'' d sSs S9%1s'.d
E s: s: :: e. e / ( !: e.: I %.
The whole number Of csmmitm mt. to my charge for
the year ending November lat lS48, Ia IL 684
Tbote vsersnts have for years Du bsred as the De-
nhsnt'sry generally about 700 about too third. ia
lowest order Of houes Of prostituton Thew there be-
c"me disesssd. and prefeuc Themselves At tho police
office frequently In the loathsoms that osa
be Imagined aud desire TO be the Island for the
purpose Of being cured As soon as cured aud they
can get they again take their old sgsa
imminent which Ia Dc ne O. often as disease And al
makes the necessity for It..
ected as ,be doctor Who promised to OF Give che
Grand Jury all the detail. has been taken do vn
With he chip fever which is now prevailing thsre)
OF sbeut 200 per month In the hospitals, the
ntst cause Of whore disease vsneres The sstimaed
cost Of hops inmates there 10 supposed b. 80 80
tax ON this community Of $50 600 (Tnis ssttmste
does not Include those who from similar causes are
Or sss.s vi" arc ouss S:s thu Sop IN
the pr for the purpose Of returning
chsiscter and ready to begin to lead virtuo1. life,
but In effect 70 renova'e and get the disease aud aco.
hol out OF their systems and them their
old places Of prostitution Ne room their term of
vice expires IL has frequently been the hereto
fore that their old employers or their agents have
been Waiting for them on the other side on their dis
charge from The Island to take them home. But elan
has grown up more recently by which they obta the
information ~hsn the girls Gu I'd and they employ
alswyer to out writ Of hsbeas corpus obtain
their diecb.rge in consequence val defect tho
cord BY which their services are Obtained much
than they waited for the expiration Of their time
Tho Grand Jury had a report from the keeper Of the
giving the names Of TAG vssrsuts and all
per tce WHICH report they referred to the Court
inquire into the legality Of their COMMITMENTS de-
ter the report OF She keeper Of the psni
Tertiary:
Foremsn of the Grand Jury
Sir - compliance With the request n the Grand
Jury conveyed to in their resolution Of ths Goth
instant have examine the return Of the Keeper OF
the P- Tertiary OF the vagrsnts In his custody aud
the records Ct conviction, which were submitted to
The resut OF my exam,p alton will appear fro n .
memerspdum herewith handed TO you.
From, tbst examipation IL appears.
l. That Of GIL records Of conviction laid before me-
only three are valid and
2. That Of TAG vsgrsuts detained In the Psuiten-
tary. only three are lawfully detained, and 743
with scharsed.
will be Iece.tsry briefly to explain the provisions Of
law which produce it
Commitments for vsgrsnoy are Of the GLASS known
In the Law rs 81 SUMMARY convictions" W. have Dor.
Iowed the practices and the law from England whsrs
these summary convictions exceed 100 900 In yesr
In this country, they are much more limited Ia this
State they confined to larger Cities md our
city must amount to several thousand year.
They radical departure from the great principle
whch psrvsdes whols pruoe CT, that for
stance OF securing to every person accused OF IN
Hence they are regarded with great jealousy in the
law and various rules have from tins to time bssn
adopted snd applied to them 10 order to guard par
tyrsunic or careless exercie Of
The importance Of some such rules will be manifest
from these con.ideI sioDs; that thu msgistrAt-
slore without associates, that appeal Is allowed
from his deeisen, no jury allowed to the prisonsr
and THE power Of the magi tends to IN i'm.
pr pm-Dt for six months
One Of these s that record Of tho onvictiou
shall be made out ana flied lin this CITY, With ths
clerk Of the Seuionsl Thie Is p'r-mpt0ry lired
by the statute. and can In no ne omitted Win
safety 10 the magistrate 1t necessary in that
the grounds on which party may be cond-m ned co
long ippIisoD ment nay be spread upon the Record,
and be thus be secured the only f,rasd
Of itquriDg into the legality Of his conf o.m-nt ia
proper record be made out. and proper case shown
upon its face, the coWnitm-ot 10 absolutely dusl;
II ere j. no r-ve " add no relief except through the
par6onipg power. and what Is equally important to
The magistrate ia perfect protection to him .inst
any iiieeaiity be may commit not apparent on the
that tie want Of record renders the imprso me ut
unlawful and it would .eem, makes all parties engAs
These remarks apply to 235 cases where no records
bsvs been tiled and to oaes where the c-ricsi
roIs ar" spch viz: omttipg 10 sgn them and the like
az TO render the records on a OF avail WI +tever
Another 1T there rules s that the record eh.l show
rot only nri'diction ovsr the but auth ,rity
swsfd ,br jucRms mt pronounced
Hence it has ben held that record Ia not good,
either to protect the nagistrats warrant the i'm
prior peht that omts to cot forth the oharg- pre-
f.Ir.d against the accused. that 1t may be seen
whether IL IL such the law q summary ooo-
veticn upon; that omits to .tsts that tho accused
was brought before the magstrst1 FIR trial. AMI
prestp WREN he tried that omss to state the
tvidenoe which the conviction Is fou nd-t that
H. msy he whether the charge In fact a. ae
tpt
Two hundred and sixty six out Of Ave hundred aud
eleven records submitted to by you. defective
In one he other all II these requisites aud that
number Of persons are for that reason, now illegally
in prsoIed
observe that the different Magistrates use different
FORMS NO settled prsc. dsut being 20 morally adopted
except that which has the least writing In it, nd Is
con equently most imperfect
One reason for using such form doubtless. H. that
neither the masstrAtss their clerks Il to
= extended aud perfect one. Their other
dut'se. ~ am pformed onerous and pressiug
enable them to devote tn the branch of their duties
the time aud att ntion which rigid pIianos with
The law would demand. and they would be plaesd In
the position of either dsreyardDg the law rssosot
to the form Of the conviction and incurrng thereby
mpch nal risk of suffering many Of dis.
orcsriy conduct to "a unpusished.
Ihis d m uty he's been found to exist In Euslsud,
and. In conrrQusnce law bas bees PASSED allowing
general form OF to b. usd di-p- az With
many Of the partis ulars required by Ia which
nov. with our committing magistrates, involve much
labor But that provision In Eosand has been 40
conpsn'ed by another, sithout which thi. alteration
In ,he law would be very dapserous and that is that
appeal from the decision Of the sat-a~ il we'd
where the OF that genera, form Ia permitted. Ts
sl'w this general form to b. used without 1t the
tine prov ,dirs 70. .o appeal would he az once -obso
ing large class OF people to the danger Of ex
erciss Of very arbitrary and eumua.y power
Another clas's that Tho offence charged aud proved
and for which the scoused Ia con 0emn~d shall b.
strietl, such the statute defines The power IL one
derived from the statute alone aud ts exercise 10
IN d.roestion Of the right Of psrs-nsl liberty It must
be strict,y construed.
We have two statutes Affecting Vaxraney In this
city: one in tho Revised atutes which declares va
frants 10 be p" Idle p~rropa who. not having visible
means to maintain themselves, live without employ.
mSpf;r
"Ptrsons wandering abroad and lodging in tsv.rus
groceries b'er hous~s out hou-es PLACES sheds
or barns or In the open air and giving good 90
count Of Themselves ~ and
Pt n derfOU nhr0a Ind hnUs ~
AhoDt fro m or TO door place th-ms Ives Ia the
str+ets hixhwsys passages, other public Places to
big ~ receive aims ~
This class vaers may be sent to the poor house.
" not notorious of- bdsr asd . proper subjsot for
such r'lef or an improper person to be s~nt the
poor-f ouss then to the bridevsl county jail for
eixty days
The other Law Is In the statutes Of 1888 under whish
warrants are
"Psr.ona sho. being hahtual dru arda are deatl