The New York herald., 1873-11-29
THE SPECIAL SESSIONS IMBRoGLIo
Right OF the Newly Appointed Police
justices to Hold tho Special Sessions

Right Of the Newly Appointed Police
Justices to Hold tho Special Sessions
The Case Sent to the Court Of Appeals.
At the meeting OF the Supreme Court, General
Term, yesterday-Judges Ingraham, Brady and
Barrett on the Bench-there was large crowd in
attendance to hear the argument as to the
right OF the newly appointed Police Justices
to hold the Court OF Special Sessions The
case as will be remembered, came before
this Court on writ of certiorari sued out
on behalf of Bernard Wanger, who. notwithstand-
ing the objection interposed by Mr.. William F.
Howe, his counsel, that the act unaer which the
Judges holding the Special Sessions claimed to
hold the Court, was tried by them, convicted and
sentenced to a term OF imprisonment
Assistant District Attorney Allen, on the case
being called, asked first its postponement on the
ground that, owing to the pressing nature OF his
other duties, he had not had time to prepare an
argument, and this objection being 0verruled he
insisted that the matter was not properly before
the Court.
MI. Howe insisted that the proceedings were en-
tirely regular, and asked the Court 10 either hear
would be sustained, and that it was clearly evident
that the newly appointed Police Justices, who
held their positions through nomination at BY the
the General Term should, in view Of the
aflirm the Judgment in order that the cause might
be carried at once to the Court OF Appeals. He
added further, that it was most essential for the
interests Of the public that decision should be at
once rendered in order that IL could be known
whether the thousands OF prisoners now being
tried before the Court OF Special Sessions were or
were not legally convicted.
Alter brief consultation Judge lngraham stated
question involved the Court had concluded TO
adopt Mr.. howes latter suggestion, and would
affirm the conviction, so that the case might be
speedily passed upon by the highest tribunal oi the
State
On the rendition OF this decision Mr.. Howe at
once filed the necessary papers, and the case will
In all probability be heard at the present term OF
the Court OF Appeals. Mr.. Howe's points are that
the act Of May II 1879 IS unconstitutional because
| 1t takes from the people the power to elect the
ment % on the Mayor; that il Police Justices be
| provision, then the act Is unconstitutional.
also for the reason that the term Of those ''in
eGect-viz, January /, Is7o-is destroyed beore its
expiration, which Is violation OF the twenty.f IN
section OF the constitutions; that prior 10 and
when the amended judiciary article took enect
Courts OF Special Sessions were In existence, and
In this city were to be held by Police Jus.
| or the Peace is q county court, and that being
aCounty Court, the Special Sessions Is continued,
and the Judges thereof In onlce when tue amended
! of the terms for which they had been elected. He
argues further that whether the statute OF 1873 be
Unconstitutional for the reasons previously assigned
| or not the Justices appointed BY the Mayor have
/ no power to hold q Court OF Special Sessions. NO
Sucn power nea lnslstS Is expressly conlerIeu upVu
them. II they take II at all 1t Is simply by the
/ merest implication from the terms when sitting
In the Court OF special sessions OF the Peace,n EN-
ployed In the first section. These words confer nc
i power. The rule Is well settled that courts and
officers OF limited jurisdiction take nothing by I'M
pication. Their power must be found expressly
conferred by the statute, or 1t does not exist: y
| the act did in terms confer such power to hold
4 Special Sessions, IL would, to that extent, be un
constitutional. 1t would violate section 1e article
| OF the constitution, which provides that no prl
subject, and that shall be expressed In III
! title.r This act is local one It's title Il
| IAN act to secure the better administra
/ ton In the Police Courts Of the city o