New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-05
NO JAIL DELIVERY.
THE DISTRICT ATTORNEY TO RESIST THE
HABEAS APPLICATIONS.

CANNED IMMEDIATELY--TIIE HUBER CASE
JUDGE ALIENS DECISION.
The Tax Levy of 1870 appears to have been lfahea
chiefly TO be nvalidated. Various courts nave
already ruled it unconstitutional i'll several respects
and the Court Of Appeals, in the decision In inc
Huber case, announced yesterday, drove coa;h-
andsix through it, The ruling which thus declares
the law unconstitutional has disorganized the Court
of Special Sessions turned its officers ont
of office, and robbed them Of all salary, made
nearly all its commitments invalid, and
thrown the District-AttOrDey's office into
state of CONSERVATION. The effect OF the
invadaton Of the law, it is feared, will be not only
to empty the prisons at Backwells Island OF the |
conycts Justly sent there after trial, but also 10
block the wheels Of justice for tme and NIL the |
jals of the city with untried prisoners Inc tuli
significance of this important decision was conveyed
to the public yesterday morning in The TRIBUNE |
and very general excitement ensued in the various
public Offices, particularly those Of the District
Attorney and the Justices who have presided in the
court affected and in the private law Offices of the dis
tinguished legal uminaries Of the Special Sessions
who have had year two past by virtue of their
great ability or other influences monopoly OF the
"Tombs Ring business.
The legal points involved in the decision are some
what complex, but familiar to all lawyers, ana
moments review may make then clear to the
general reader. The Special Sessions was created
in 1858. Practically it additional police COURT
established to facilitate business. Three Judges
were TO sit, two Of whom had TO agree to convict
In 1865, two justices from the Second and Sixth
Districts were authorized to hold the court In 1870,
this provision was repealed by special act but the same
Legislature for ysterous purpose, and Influenced
by some mysterious power, passed, as part OF the
Tax Levy, q clause, Struggled into 1t, by no one
knows whom, reGnacting tho law OF 1868,
hn
court to be appointed, however, by the Mayor ana
in addition it was declared legal that either one OF
those two should hold court in the absence OF the oher
Under this Of the Tax Levy the Special sessions
has been held alternately by Judges Downing ana Sana
ley for the past two years. and great deal Oh business
has been done there in very summary manner lhlo'o
there were no less than 320 convictions ana In 1911 as
many as 3O75 The Court OF Appeals now decides that
this court was illegally held because the clause OF the
Tax Levy OF 1870 authorizing IL TO Sit was Improperly
inserted in O bill which embraced more than the one
subject expressed In its TITLE Now, consequently the
old act of 1853 becomes again the law and the court
must be re0rganized.
Tho frat and most important result OF this decision H.
Of conrse TO inyaidate the commitment OF all prisoners
by this court since its organization vi inc 6o persons
convicted about coo, according to Judge DoWiinS, Vi
whom inquiry was made yesterday on this point, re-
main at present In prison. and Will be affected 10y thS
decision In theory, all these conyicts ought TO De
I'm OBTAINING them one momert longer but, practically
they are n long way from reganing their liberty IL
takes not only time but money TO get out ol Pisop,
even when technically innocent and the several nun
dred inmates OF the Penitentary Will probably, ior
want Of funds serve their terms before they viii Sc
cure their release Some Of these are of the extremely
Door class having neither money nor friends, and
will fail 20 secure the legal interposition necessary
TO effect their release. Others who have both friends
| and money, have already engaged counsel, and,
Yesterday VIM +. Howe presented six applications
for wrts. OF habeas corpus In cases aiected
i,y tha decision OF the Court OF Appeals.
should il be found that under this decision Judge IN
Supreme Court Chambers will discharge on the mere
writ OF thabeas corpus many Of the prisoners VIII be
speedily released Mr. Howe Alone 1t Is said, VIII IN
this case present to-day $50 applications for wits OF
habeas corpus. IL may, however be held that single
judge sitting in Chambers, cannot discharge, but that
all eases must be considered before the General Term OF
the supreme Court This Of action will probably
be demanded by DlsrctAtOrney Garvin, and should II
he adopted it will prevent the escape OF the majority Oh
the prisoners owing to the heavy expenses consequent
upon searching records and printing cases Tor prcsen
ton at the General Term. 1t is to bo hoped that the
will insist that writ of error, to be
carried TO CHER for decson Is necessary In
each case and thus prevent general jail delivery
Another important result OF this decision Will be the
| reorganization OF tho Court OF Special SESSIONS
which it is understood, will be immediately elected
J
necessary to convict The Police Justices Will have TO
| s.ulo unon some plan by which three Of them
| can sit AT one time, aud thus divide the Sessions
between them The difficulty under this system for
merly according TO Judge bowling, was the possoIy
ot getting three Justices to attend promptly and hence
| one Judge was able TO do more work thah INC
| three. and Just as impartially. The present OLD
| GERS OF the court will, Of course, be dismissed
and forfeit their salary Robert Johnson the clerk and
! Mr. Veatch the senographer, who are thus dispos'
sessed are Republicans, and undoubtedly Democrats
viii he elected in their places meeting OF the mag
istrates will DO held at once, and the OLD order vi
things will probably be resumed at the next session Oh
! tho Court. -
| Judge Bowling, OF whom inquiry was made yester-
day. says that salary has been paid the JUSTICES
Onself and shandey, who have held this court under
the law of 1870. There is general impression among
the neople to the contrary, but the Judge says that
the extra work done In that court has been wholly
without extra pay beyond the regular salary OF $4,000
| as Police Justice.
I JUDGE ALIENS DECISION
The following the points OF the decision rendered.
nv Judge Allen OF the Court Of Appeals ana concurreo
IN nv his associate Judges declaring the Special Sessions
N,ocav organized and reversing the Judgment OF the
latter and Of the Supreme Court In 1870 the Legs
,ature enacted the annual City Tax Levy nterpolang
In it as the 10Th section OF the act provision hat tne
Justices of the city, be DESIGNATED by the Mayor ana
in case OF any disability of either OF the two poHSe
hold court declared to be legal LOT the
other TO hold it while such disability continues The
only question is as to the validity Of this provision re-,
upon the Legislature In respect TO private and local
bilis has come often under review, and its pur-
hen 40 often udciay declared, that nothing remains
but apply the PRINCIPLES Of the ana give
effect to the plain intent OF the provisions as ney come
ps embrace more mo
absolute and every part of act passed In dis