The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-21
HAS NEW YORK A COURT OF
SPECIAL SESSIONS9

Important Question to the COnst1tu-
tiOnality Of tho COurt-A Claim that
the Judges Can Only be Elected and
that Their Appointment by the May
is Illegal.
Early last month George Coyle was arrested on
charge OF assaultng q young lady, taken before
the Court Special Sessions, tried, convicted and
sentenced TO the Penteutiary for six months. His
counsel, Mr. William r. Howe, objected to the Juris-
diction OF the Court, claiming that it was Lot a
legally constituted one. To test the question he
obtained writ Of certlorari rom Judge Barrett,
supreme Court, chambers, and thence carried
the case to the Supreme Court, General Term,
where II was argued at length yesterday, Judges
brady, Daniels and WestDrook belpg On the bench.
me first point raised by Mr. Howe. was that the
act OF May, 1878, entitled IAN act TO secure better
admins ration in the police courts OF the city OF
New iork," and under which the present police
justices were appointed by the Mayor and Alder
men, UNCONSTITUTIONAL beca use II takes IRON the
people the power to eject the police Justices and
coniers the power Of APPOINTMENT Oh tue Mayor
lice justices be justices OF tne peace within the
constitutional provision, then the act is unconsti-
tutlonal lnasmuch as that the term OF those In
Office, wnen the amended judiciary article took
erect, is destroyed before It's expiration, which
Is violation OF the constitution he insisted fur
ther that when the amended judiciary article
took effect courts OF Special Sessions were held by
elected ponce Justices; that these courts were not
INFERIOR local courts, and that the Judges author
lied to hold such courts cannot be appointed.
Another point was that the Court oil special SeS-
SONS VI the Peace IL a county court, that il mas
jurisdiction over all misDemc anorS committed
within the county OF New YORK, That IL mas a CLERK
and a seal, that being county court tie justices
authorized to mold 1t are county officers, aud that
they cannot be appointed by the Mayor, because
his Office IS only city Que. Being county court
the special Sessions 1t Was urged In ad-
dlrlon, is continued, and its judges, when
the amended article took erect, were
to ho.d until the exliratiOn OF the term Tor
which they mad been elected. point dwelt upon
at great length was that whether the statue Of
1878 be unconstitutional Tor the reasons previously
assigned or not, The Justices appointed by the
sessions. After showing, in CONCLUSION, the
iegalty OF the title 10 the act ne insisted that the
conviction must he reversed.
Assistant District Attorney Lyon in his ergu-
ment in reply, raised nve points. The first point
was, that the petition was irregular and detective,
through not beins verified W the petitioner,
therefore, improperly granted, and should
be dismissed. The second point was, that tne
present police Justices being de acto public ofc-
ers, as such their acts should not be called In
question III proceeding OF this kind. Another
point was that 1t IL not the Office OF writ OF GER
tlorari to a Court OF special Sessions to inquire
into questions OF constltutlOnality OF laws or title
to office. de insisted urtner that the proper pro-
ceediBg Ia tns case was in the nature OF u quo
war; anto. HIS conciuong point was mat II the
c0DstitutioDaHty OF the appointment oil the Inagis-
trates may be reviewed IN this proceeding, IL Is
difficult 10 see why every person charged with
crime should not De entitled to quest on upon
his trial the regularly OF tue election or
appointment OF every 0liicer Of the court before
which he is brought to answer, and That each
prisoner OF the thousands annually brought be-
fore our courts, would be entitled to tne same
right, and thereby involve the administration OF
justice IN endless confusion.
Alter hearing the argument the Court TOOK the
papers, re3ervlng its decision. Meantime III mad
been suggested oy Mr.. Lyon that all criminal cases
on the calendar should be postponed, but Judge
Brady insis ed that this particular case was OF too
great pubic interest and involved too important
legal points TO admit OF postponement