The New York herald., 1873-11-18

Win view 10 bringing the matWI 70 ieRh test,
obtained from Judge Larremore, OF the Courtof Com
Pleas, an Injunction restraining any such newly
appointed police Justice from interfering with him In
the discharge Of his duties The argument In the case
lasted through days when the papers embracing
the points Of law and argument raised by the opposing
counsel submitted to the Judge for ms decision
These points submitted Friday last, and Judge
Larremore who Is generally pretty prompt in his de-
cisons his decision yesterday ms decision 10
lengthy and able and exhaustive, and against Judge
Coulter. We give its points below.
JUDGE LARRRaoREs DECISION.
After rectng the allegations in the complaint he
says that the decisive question in the is whether
police justice Of the city Of New York Is constitutional
within the aning and provision Of the consn
ton Of 1896 He that when the Constitutional Con
vention there existed in this city classes Of JUS
tices Inferior urdctionyiz special justices and
assistant justces-apponted by the Common Council.
The Jurisdiction Of these Justices was left TO the action OF
the law. lS4s the offices held by these justices
abolished. An act passed this the first stau
tory the oce of police justice Of this city
II was a new and distinct office, but established in
pursuance Of the constitution Of 1876 Subsequent
legislation increased the number Of judicial districts
and under the Of 1869 plaintiff claims to have been
elected to office Such claim he holds, has
legal urisdicon affected the present appnca
ofiee on May 1870 the day upon which the amended
hold
essnss C
passed aDrdgng plaintiffs term Of Office and coneIring
Or officers named in said act He holds, in con. con.
inconsistent with the other that the plaintiff is stripped
n,enon Of the lessatare That his datc and functions
saIa sssS = Ss s The
e e 10 dSon % he
His Anal IS that the title The Office can only
no IN 9 o s hs
therefore void lie declares therefore, that the inunc
-" raE SPECIAL SESSIONS JUDGES
s !, HI his s
in question the consttuonality the act March il,
se % the cy Of Se1 des no
ihs slightest The points 5s has Iaissa tie
Justices hold The Court Of Special Ssss,Sns Win
aSD1eaa ss'fsa BRADY 6snsh
appointed police justices holding the Court q special
Ss eoarf Saturday the Of
Wsnger the mll ps5cuars Of which % we published M in
bases his application are set forth N the petition as sub
Of New York Wsnser was sssay Eied and
By
Claimed to act as justices Constituting Court Of
as Ct d hs an s aa oqa dc
IL 1873 entitled An act to better ADMINISTRATION
s ssdf By Ii.
Bixby, otterbourg and Wandell, they had lawful
authority jurisdiction TO hold the Court OF Special Ses
and for the city and county OF New York.
try him but Notwithstanding such protest
they illegally with socalled trial. convicted him and
Prison the city new York for the OF five days
petitioner nrther sets forth that he snow Illegally
detained in the said City Prison and there restrained
his liberty by the keeper OF the said City Prison. under
and by virtue of the Illegal commitment and conviction
aforesaid lie also says that the SAID act Of 1873 in SO far
| of the police justices Of the city OF New
| York. already elected and in office at the
| time Of the passage of said act, Is unconstitu-
tonaI that the Court OF Special Sessions the city
clerk and seal and can only be composed OF judicial
officers elected by the people, and that the said Bxby
Otterbourg and Wande have not been elected by the
people to the office OF nolice justice, but claim to
have been appointed by the Mayor ana Aldermen the
city York. under said act OF 1873, whereas the
Ihe Court Special Sessions Of the Peace in and for
the City County of New York " that title
act under which said Bixby, Otterbourg and Wande
act in wise in its title relates TO said Court of
Special and therefore, that ii is in violation
section article of the constitution OF the state of
NAV be passed by the Legislature shall embrace
than subject, and that shall be expressed in the
ute.n
The Court at granted the writ making it return
able morrow and Mr. Howe imme ediately served the
Mr. Johnston the Clerk OF the special
Mr. also applied Judge Davis in the Court of
oyer and Terminer tor writ of habeas corpus bring
Wenper before the latter Court this morning. II is
general presumption that Judge Davis will once
the writ OF habeas TO the General Term
tance, may be speedily decided by the General 1erm
| Judges.