New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-08-20
THE POLICE JUSTICES.

A RUMoR THAT DECISION WILL BE GIVEN By THE
COURT OF APPEALS IN FAVOR OF THE OLD
BOARD-yIEwS OF JUSTICES.
Since the adjournment of the Court Of
Appeals IN May after the arguments had been heard in
reference to the disputed possession of the official
chairs Of Police Justices little has been heard publicly
Of the matter, The interest was revived yesterday by
rumor, originating in Albany, that Judge Rappallo of
the Court OF Appeals was writing decision affirming
the uneonstutonality OF the law under which the old
Board were removed from office. 1t will be remembered
that when this legislation was accomplished 1t was
agreed that the old Board should yield possession
after making their formal protest and that test case
should be pressed rapidly possible TO the Court Of
Appeals. Accordingly. the Of Justice Hogan
tried each of the lower courts giving judgment against
him. 1t carried to the higher court, arguments
were either side by able counsel and the Court
adjourned until Sept 90 reserying its decision. That
any intimaon OF the forthcoming decision should have
been given certainly not in accordance with the usual
practice but Justice Shandley OF the old Board who
asked last evening II he had any information Of the
matter stated that he entertained doubts but that
the decision would be in their favor Justice Otterbourg
OF the present Board. on the contrary doubted the
authenticity OF the report both from the regularity OF
any such intimation and his faith his right to his
chair
Justice shandley said 81 think there is doubt at
all that the old justices will be restored to The bench
office by the OF citizens should not be removed in
this wholesale way but only upon charges and proof OF
wrong doing" He insisted that the people and net lcgis
ators from country places who perhaps in
New.York were the arbiters of such question,
pointed to his second election 10 the office With only
LOCO votes against him. adding that III the people had
been dissatisfied they would then have shown It," The
rumor of nature Of the decision did not sarpise him,
as he had already received similar inmations. He
confident that they would practically the
duties which they had been ready to perform. and
which. as he asserted, legally theirs. He
thought that the present Justices, If the
decision against them, would gracefully yield He
was confirmed in his assurance OF his wroagfal dis
possession by the fact that several able lawyers who
had examined Judge Days decision against them
the Court Common Pleas OF the opinion that 1t
have been rendered before this tme II obstacles had
not been nerpOsed by the. present justices In order to
seek delay He spoke OF the char made against the
old Board regard TO the fines imposed and collected.
and asserted that II the officers OF the courts aud
keepers Of the s were consulted would oe seen that
amounts OF fines returned the city, great misery
brought upon wives and children by heavy penal
ties, money or imprisonment. upon poor lab6rers
mechanics, whose families were often nearly inpover-
ished in paying the fine or starved Iluring
use his discretion. distinguishing between tho
man Who got drunk perhaps once a year. and the
income to the city might thereby be- reduced the courts
should not be looked upon o q source OF municipal
profit Theugh 1t had been entitled IAN act to provide
fOr better administration Of justice" he failed TO
any great. beneficial change.
Judge Otterbourg sitting at Harlem. secuted the
idea OF the truth OF the report chiefly OF the
irreguarity OF ang such i6timaton The Court Of APP
peals had adjourned until Sept. -, and there had
decision could have been reached. Though he had
reason TO think that decision would be given axaiDN
they would yield possesaion without denur. He also
referred TO the report that suffering hAo been caused by