New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-08
THE POLICE JUSTICE SUIT.
ARGUMENT UPON THE CONTINUANCE or THE ~
JUNCTION,

ARGUMENT UPON THE CONTINUANCE or THE IN
JUNCTION.
.Iudpe LarremOre, in the Court oil Common
Pleas listened again yesterday to arguments upon tho
motion to make tho injunction against the new foce
Tutices permanept Nelson J. Waterbury, In opening,
followed closely the line Of argument adopea Ny 'r'
Eaton the revous day, going back 60 the creation OF
rho Office of SPECIAL Justice OF the Peace
and tracing the connection aud changes under
gone until that OF Police Justice was reached
Mr.. Waterbury, In closing, SAID tpat tho great
point that he desired the Court TO consider was that Mr.
Coulter was not elected TO- but counted into oice by
fraudulent means The counsel then presented the fol
lowing novel point BY the complaint the piaipun
claims that he was elected for term OF six years. END
inc a. noon on ina Isl 81 January, 1876; therefore his
term began MT noon Oh ,hc OF January. 1870 Tile
Court of Al peals has decided that the Julleai seh
ment took effect from and included the "hoe Oh 'iA
day. His term therefore. did not begin nnu II hours
after 1t took effect and he did not come oven nc were
las he was noD justice OF the peace within the proYis
ions OF the 25th section. continuing IN once usoe'
the peace when that amendment took effect
ExJulge Porter followed with an argument OF TWO
hours duration In his speech he propounded the io
lowing questons
l. Are the justices just selected crlmna,
torsI q Can they be convicted OF sieh crime, MIN
out A Jury on a motion ut Chambers, Oh ahegauoDs
founded information OF mere ae a nsrsnn,
edge by those Just Endorsed Dy the munlcipaL
Ties as men of honor and Integrity D. "hetncl
Old Justice who was iudciay charged by the late Az
eneral with originally Rettg us ones W muse
returns has In virtue of that charge, better tte 10
the office than his eight associates Wnetner Suse
at Chambers issue an injunction iorDuu,ns o'o
10 obey the express mandates or tue statutef D.
Whether an officer whose term, abridged ny
law, has ended. can by holding over. give hnsel
title TO continue once, which VIII enc Nun 70 tue hu
of Court OF Equity 0. Whether Judge al Chambers
can i'm such case Injunction when the court OF
Errors dust 50 years ago. unanimously uccded naI tho
Chapceiior had not this jurisdiction To do whether
there shall be collision between the court ol common
pleas and the la making power, coordinate depart
me Mt OF the Government on the question OF Tue cou
tutionapty or law under whchnne OF The Defendants
are at present exercising exclusive criminal lursnc-
iion s. whether that law "a unconstitutional; both
grounds upon wnich the plaintiff assaus ~ nave been
decided adversely by the Court OF Appealsf
EyIudge Porter then gave review OF the case pre-.
septei to Judge Robinson II cited that the defendants
rero treated as individuals ana not officers in order
that false eoiOrng might be gwen To their acts. anu TO
convert runOTed official conference INTO evidence OF
Chains AZ raj tbat he concealed the facts anu sued
Them As individuals and under that preteNt GOT an IN
junction against them personally. which compelled
them officially a. disObey the law he concealed from the
Court Tho Inv under which the defendants were ap'
nontsd is prosumptve that the tile OF the once Is with
ihen IL Is evidence conclusive than the fraudu.
lent certificate under which Coulter hea once; fluui
nlent as n was that gave him ttc aud no Judge could
restrain bu by Injunction, from demanding the papers
and taking MS seat. Coulter was no more Justice,
either de 6f, dc jure One OF his preexts was that
needs pos eon. Had not that Court power 10 protect
hitnl why did he come 10 the CJiOmOu Pleasf BE-
r,u-s he had 4 motive that be dared not ayow ho
wanted Cimber order ~ class or cases 100 familiar
iradictOn 10 eoJrudio powers nah very re-
,,uil, been conferred. All That remained 10 De .tgitcd
In the snt Of Coulter In tnc suptene Court, Vas the
eo7S aud the ght 10 the sh years salary 10 be recV'