New-York tribune., 1874-11-11
EFFECT OF THE DECISION.
WHY 1T HAS BEEN DELAYED-TERMS OF OFFICE
TILE PRESENT LuSTICEs-AN OUTLINE OF

WHY 1T HAS BEEN DELAYED-TERMS OF OFFICE OF
THE PRESENT JUsTICEs-AN OUTLINE OF THE
WHOLE CONTROVERSY
The action of the Court of Appeals in
affirming the cOnsttutionaty Of the Police Justices
act was the man topic of conversation yesterday
among the politicians. 1t caused intense dsappont-
ment to Democrats the majority of whom had conf
IDENTIFY expected that the decision OF the lower courts
would be reversed and the old Police Justices be rein
stated. There were who thought that the delay
making the decision public augured Ill for the old
Justices but this explained the theory that the
Judges of the Court Of Appeals probably holding
1t back until after the election In order to
deprive it so far as possible OF an appear.
ancs Of partisanship. Odds were freely offered as
Late Monday evening that the decision would
be In favor of the old Justices. The strong argument
used that the Office Of Police Justice was constitu
tona and that therefore the Justices elected by the
people would be declared entitled the offices place
Of those had been appointed their successors
The old Justices also based their hopes this Some Of
the latter who at the outset exceedingly hopeful
have, OF late been discouraged, but the majority did
lose faith. Their disappointment Orresp0nd
ngly great. Ex-Polce Justice Shandey is one OF those
who lost faith in the of the suit
shown by his procuring the nomination for Alder
man in the IVth Senatorial District on the Tammany
Hall ticket, where nomination was equivalent to an
election The position of Police Justice has in the past
been deemed by the Democrats an important one, be-
cause the criminal classes could be reached from
these courts and inlimidated Tue minor courts
were effectively used by the old Tammany Ring as
enforcing obedience The present Justices
not beng amenable TO political influence, and holding
their offices for long term, is claimed that justice has
been administered with more imparaty and that this
will be the result so long they remain the bench.
The decision Of the OF last resort having been
given in their favor, they need fear nothing from a
change of administration, and hence it claimed that
their decisions will DO unbiased by the fear or favor of
politicians
The Justices who are displaced are Joseph Dowlng
Edward Hogan. Thomas A. Ledwith. John Cox John
Scott Edwarj j. Shandey, James Z. Coulter and John
McQIade Batter Ii. BixDy OF the old Justices
but as he was one of those nominated by the
Mayor and confirmed by the Board of Alder
men, the decision does not affect him, except
1t gives him longer term of Office. There
were 10 Police Justices nominated by the Mayor
and confirmed by the Board OF Aldermen under
tue new law. They were nominated BY TIE Mayor
nations were Tor a considerable time under
discussion by the Board OF Aldermen Finally, however
sworn in, the new Justices took ieir seats on Nov
BY the terms OF the act the hrst TWO Police Justices
were hold their offices for the term Of ten years. the
two, nine years. the next two. eight years the
next two. years: and the last wo from
the time they entered their duties The following
the or the new Justices aud the year n whch
their termof office expires:
Il
ier H. Blk by and Marcus OterbOurs 1887 Charles A.
FamIner and Benjamin g. Wandel. 1881: Tnomas ID.
Sherwood and L. Sherman Smith, 1880; Henry Murray
and George L. Kasmire, 1879
Under the provisions OF the act annexing the new
Twenty third and Twenty fourth Wards Police JUS
tice was appointed for the term OF ten years from
Jan !, ,l67l. Nelson X. Wheeler nominated and
confirmed. His OF Office Is also ny
the decision of the Court OF Appeals.
Justice Bankson T. MorgaD now sitting at the Tombs
Police Court represented the Justices In the
step by step from the lower court TO the OF last
resort. wAile Edward Hogan. represented the Old
ca ed YcS
TRIBUNE He had been Informed that DstrictACtor-
neY Pheips had telegrapned fr0m Albany that the