The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-09
BOARD OF POLICE JUSTICES.

The Penitentiary Victims OF tho Special
The Board OF Police Justices met yesterday at
noon, III the room OF The clerk Of the Special Scs
slons Court, Tombs Building, Justice bowling pre-
siding.
The business transacted ut the meeting was simply
the assignment OF Poce Justices to act as Judges
OF the Special Sessions Court for the next twelve
months. The Judges 10 acL for next month are:-
Hogan. Downing and Shandley.
The cause OF this cnange from the recent govern
ment oil the court lies In the fact that tine Court Of
Appeals has declared the Special Sessions Court Of
the Mayors appointment to be unconstitutional.
and lis decisions consequently void ana OF no effect.
The District Attorney, however MEANS SO far he
can TO prosecute all criminals released by writ OF
haoeas corpus under this decision VI the Court Of
the history OF rhe trouble about tnis Court is as
follOws:-ln 1888 law was passed requlring three
of the police justices TO attend 10 Specla sessions.
In 1865 the act of 1853 was repealed, and two
justices, one from the Second and the other rom
court. In 1870 the law OF 1865 was repealed aud
the law OF 1888 re-enacted, Court was now held
only for short time until the Legislature, by a
section III the tax levy, gave the Mayor the authority
to designate Two Justices. VINO were to have exclu-
slve control over the Special Sessions, and under
this provision Justices Downing aud Shandiey were
inere has been considerable discussion over the
merits or the decision OF the Court Of Appeals and
much comment was yesterday made IN pollce
circles about legislative proceedings which would
enable the thieves TO have fuli play al the pubic.
The District Attorney, however, asserts that there
need be no fear or a general jail delivery. tn,
police justices are equally determined TO support
reformation.
The cause OF the delay In not taking action on the
decision OF the Court OF Appears mas been mat
though the decision was gwen the DISTRICT Attorney
uId not receive any olnclal notihcatlon Of IT.
win the Prisoners be Relenscds
Sixy-two wrlts OF habeas corpus were returned
yesterday morning before Judge Brady, sitting In
Supreme Court, In cases OF prisoners sent TO the
Peuitentiary upon CONVICTION before one judge or
the Court OF Special Sessions.
The Judge expressed his willingness 70 near any
Argument opposing counsel migut have to orer
Mr.. william +. Howe insisted that the prisoners
were entitled to unconditional release under the
recent decision OF the Court OF Appeals. He Insisted
nrter That this decision attacked the entire organ.
Hation oI the Court, wnicn was embodied In Inc
act of 1870, lnasinuch as 1T "a DIS nct act and
WAS embodied IN the city charter winch bore a dir.
iegent title.
District Attorney Garvin urged that The matter
should not pc decided TOO hastily Ii was not clear
10 MN mat al the convictions In the Court OF Spe
clal sessions, though before one Judge, were Illegal.
Judge Brady suggested that III order That All mar.
ties might proceed clearly In the matter It would nc
wise ~ adjourn tue argument until certified COPY
OF the decision OF the Court Of Appeals could be OH
taned from Albany.
In accordance with the above suggestion the ar
gument IN the cases was postponed nh Wednesday
morning. Meantime MIR. Howe applied for wrlts or
was granted and the writs made returnabe on
Wednesday,.