New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-07
THE POLICE JUSTICE INJUNCTION

AN ELABORATE ARGUMENT BY D0RMAN ID. EAfoN
In the Court of Common Pleas yesterday
the case OF Justice Coulter against the newly appointed
polica Justices, Henry Murray, Blnks0n L. Morgan,
James r. Kildreth Butler H. Bixby, Marcus Oteroourg
Charles Hammer, BsnJ Imn G. Wanicu. Frank H.
Smith, Thomas ID. Sherwood, and George H. kasmire,
came I'D for hearing before Judge Llrremoro on an
argument by the defense to show cause why the In
ipne,ion aeainst them should not b. continued The
new Justices were represented by Dorman ID. Elton,
Ex-Judge Porter, ExJudse Smith, and ExJudsa
Waterbury
M Eaton opened tho case by highly complmentng
the counsel for the plaintiff Mr. Gey for the tone and
manner IN which he had presented nearly all the tea
tu,os NJ his case The Ia for the appointment OF Police
r,spces WAS read and the attention OF tho Court was
called TO the relation OF tho Court or common feas 10
the law The counsel for the plaintiff had advised the
Court to treat the law as,so much waste paper. Mr
claimed that this law and all laws acts speak
with authority the Court and must he obeyed II the
paintifs position Is tenable what would have pre-
vented any Of tho many ocehoders ousted by the new
charter last winterwhat would prevent any OH scr In
Inc army or navy from applying Tor lnJune, Ion
r,r ELlun claimed that the case was an in-
suit 10 the Court, NOT ut an mvoving per,
psIaniacInt as single blade OF The prairie
THIS is u question involving Two widely diyergiug sys
,ers of judicial SELECTION LII there is anything That
shoud be done with great caution IL Is Tue arrest OF
legislative will II certainly ousdt TO be settled thas no
nerson or party can uonce tine VIII or the Legs
fture Tine lnsel for plaintiff has not disputed me
tenure OF the Office. claimed by respondents; way
then has this vOllmnOus document Dcen suOiniIedi
Merely 10 az law defiance Dy an ex-plrio OFef On
Lehuf OF the bar behalf OF justice, DIR Eaton pro-
ted AGAINST secret the intriguing, Ab hg llOus
manner in which the case has been presento1.
Tho plaintiff In TINS case attained MS scat ny iriu
The Law says shall Do 10 Police JUSTICES III Jnls
city. and there now IL; the law SAYS mat du-
t,s of the police magistrates S1al D. assumed @ltAin
60 days after Appointments TINS IL lhpossiDe WIN ms
nresent Injunction The defendants assume That tne
Questions between Coulter and Murray have nOthlng W
40 with the present case aud That the relation of
Cculer to the law Is The Sumo as the 0Ghor Police
Justices That tue defendants were appointed uhder
fe law OF 1873 disputed; therefore,. tnh
law Tho regular proceeding would % f0i one OF tho
ate Justices Driag SUIT III thu nature 0i quo paT
rdRiO. -
MIR Eaton directed the attention OF the Court to the
Constitution o. 1916 which declared that Justices of Tue
pence suold DO elected. The amendment al 1860 diu not
alter tho mode of securing Justices 90 tao foAoc The
amended Constitution OF 1910 (Art. va pgOydod tna
Police Justices nigh be appointed. Mr. Elton con
tended that Police Justices arc not justices vi Int
Peace ms assertion no won't Dack 10 the uaY-
of George Ill, who created tao office OF Justice OF the
| Peace, aud followed tho oounoctiOn GOWN ~ sue
| present day. . , - , ,., .. M
eonteIded that Puiro Justices arc not Justices VI t'
| Peace, as caunod 10y plaintiff Mr. EiI0no idea OF
Justice OF h' Posco Is ono Recognized ana desisDaeu
py inc Constitution suob he nus have eva as wei
M criminal iuris MIR Eaton declared tna Ponce
stircs uo OF tho OLD special JuSkioos VI
the Poaee aud aot aO0lishiug lac orce oi CicrA
ole of Ponce Juaiiod As cALr5y new creation, ant
hls no elton with thnt Of Justice oil tno Ieaee
| Al tue coaei L0a VI air, EAto1a GguuionS s"o oou'
| a0lDutnV1.