The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-19
THE CHARTER AaD THE COURTS

Tho Recent Alarm About tho Jurisdiction Of
tho Court of Oyer and Hcrn,iner-What
Judge IuGraham Has to shy About TIA
Recent Decision.
The endeavor 70 raise sensation al alarm by
contemporary to the jurisdiction OF the Court of
oyer and Terminer in the trial OF criminal cases since
the passage of the charter OF 1870 Is fairly mot and
completely disposed OF by tine following decision OF
Judge Ingraham, in the case OF "0'Kell vs. The
Peope'' given several days ago:-
IN SUPREME CoURr-dENERAL TERN William O'Ksu
r. ~ 9 ana Tos ss and con-
bonds and receiving me Knowing
sassney 7" the S@s gwen ~
to Van Orden by the prisoner.
After dlsposing OF this objection the Judge pro-
cecded TO consider the next point raised:-
The remaining objection Is to the jurisdiction Of The Oyer
by the original cnartsr OF New ork the Mayor Recorder
Teriner An act M chapter 80 section po
We've be- eomyo of usce % of the
Court and two Of the Judges Of the Court of Common
by entitled IAN act further amend the charter
yded that 10 Should ST or &C, as Judge
frthecast OF Eyer and iermncr
a. sSs section provided that thereafter Counts
Justice OF supreme Court, al powers and
jurisdiction appertanns by law TO such Courts snail poe
In the act 10 the passed April a. 1857 the
or act as Judge OF the Oyer Termne that Courts Of
oyer and Terniner for the city county Of New
Ss % ned 'S 0'''' Oh inc supreme Court 's'''
sOth section reorgn1e the Of
the city Of New York p.ssed, April lso except the sc.
Judge hold the oyer 1ernner New YORK
ned on hs
therefore, that the conviction was ILLEGAL Il is clear aa
literally repca whole Of statutes But there
psaIns just different 1t does
follow because The general that the whole act
interfere with the provisions of former law to operate
isis R''i ss sRS 'sss
az s
ns saO s %s h' s
n s subject ss4 n s E As
any other ject than the government Of the city, Tne
Ing 70 tho ~ e The ey as there provided tor
g %
- :s
oud pa Ts M wSc inc
peal Il. local act; the rspealns siaaae il 70
iascn and 20. local. lie repeal esn..rSsd as
elect rendering nueaory the whole Of the which
lsss local matters ,sa reog9 vs. nssnn IL
pca % the matters connes.sd with the city
elect think the Gsar, JUSTIFIED limiting tho
enec, Of the repeating clause such construction should
is within the intention Of the makers Us J. r.,
$50; 3Cowcn. 81
contendcd that the constitution which Directs that
Justice OF Supreme Court preside In courts Oyer
COUNTY does prohibit the Lesisla-
ture ling other Judges that court.
article. Admitting that to be the proper
Of the word pesie" there used stu legislation
would necessary provide such other udaes tPeyple
Mayor, &c % Wend 81 The only ground which u
other judges who should
the OF authoiz-
ing he'd by the Justice OF the supreme
ou1 revysa ss q inc statutes and
pose.
The answer that IS that the act of isi7, well the
provision Revseu Statutes that designating
judges 10 hold the Court, rcpeaed belore
statutes above referred to- and there
ing such JUDGES The
section OF the Code OF passed 1875
is follows: AN statutes providing
Designation OF the times places holding
the Supreme Circuit Oyer
and Termner CT the judges shall same are
repealed and after the fst day july 18ss" The
the authorizes
designate judges by whom r,ch held up
10 the There
which desigrates any person to sic Judge OF the
over and rerminsr, except the provision OF the CON
sj,ui,on AMI the Code designating n Justice OF the
Supreme Court preside therein. fhs to
cusvc against the objection raieed the orgsn1za-
tion of the Cont Of and Teiner, when the
prisoner was tried, and without further legislation
subject not have been properly organized II
there had been Judge holding the Court other than
the Court. No error was commit ed on
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