New-York tribune., 1874-11-11
MINOR COURTS UNCHANGED.
CONsTITUGIoNALrTY OF THE POLICE JUS
TICES ACT.


NOT THE SAME AS POLICE JUsrICEs-THE CoN-
sTTTUTIoN TO BE INTERPRETED LITERALLY
ALBANY, Nov. 10.-The Police justice case
Ia decided on the grounds set forth In the tolownx
opinion handed down in the Court OF Appeals to-day'
BERNARD wenzler plaintiff in error. agt The People,
defendants iu orror.-Johnson j. Inc 1uugmen' oi 'o
Supreme Court in this cannot be affirmed save
upon the basis OF the act OF the
legislature entitled "An act to secure better admins
tration in the Police Courts of the City OF New-forR
and being Chapter $3.50 of the Laws OF 1873 Inc ace
sssailed upon two grounds. OF when one rea'es
TO the extent OF the Legislative authority ana
the other to the form of Its attempted exercise To
maintain the OF these grounds IL Is insisted py the
plaintiff in error that the constitutional provision
adopted in 1870 Art W. 49, in the words Justices
OF the Peace District Court Justices shall be elected
In the different cities IN the State in such manner and
with such powers and for such terms respectively as
shall prescribed by law includes the officers styled
Police Justices whose appointment is provided for by
the act in question.
To maintain the second ground 1t Is insisted that the
question is In violation Of Article ILL., Sec. 16 OF
the Constitution. which provides that "No private or
local bill which be passed by the Legislature shall
embrace more than subject and that shall be ex-
pressed its title" IL neither of these grounds suffce
establish the unconsttutonaty OF the act In ques-
ton. then the judgment must be affirmed
The first OF the questions presented has been dis
cussed length and with infinite research and
much aDl carrying tne inquiry as 10 tue history Ol
The Office justice Of the peace and to its nature and
functions the period OF its origin in England
the mi die OF the 14th century. Interesting
such researches are, inclined to think that the
meaning OF the language employed by the people of this
State III 1863 TO express their WILL In respect to their
Judicial sy stem. not demand of to follow this
line OF examination. The frequent occasions which the
courts of this country have had to ascertain the
inGoi tae pumcrouS written constitutions which have
existed aud exist within the United States have
familiar or exposition applicable 10
those Instruments. Among these principles the most
obviou> that the making OF such instruments and the
people who adopted them must be deemed to have
employed the words their natural sense and to have
intended what they said. (Gibbon agt. Ogden.
wheaton, 1871
JUSTICES or THE PEACE NOT POLICE JUSTICES
Applying this principle to the clause in question, we
fnd that Justices of the Peace and District Court
Justices TO be elected in the different cities in the
state, hut not furnished with any definition OF
the terms employed An officer named Justice OF the
Peace existed in the State quite from the beginning
OF the State Government. This officer has always been
that title Justice Of Peace has always been dis
o o Il sSs nS I Of S1son
name OF particular oiace. It Is like the name with
which ii Is coupled in nis clause, District Court
Justices These latter are also named by their title,
and not designated 10y description OF their functions
clause wnich drecs the powers OF each, and their
terms of office snail be preserved by law, which Of
at tue viii ana in the discretion Of the Legislature The
meaning made st palmer, both by the clause which
officers IN cities shall pe chosen by the electors OF Cities
T6.s tie following clause. Ii describes class OF
local judicial officers and cassies them, not by their
functions but " t0eir locality.
TIC preceding clause declares Justices of the Peace
and judges Justices OF inferior not OF record,
and their clerks. may be removed in a specified manner
In this clause set OF officers designated by
their specitc title ana grouping of VI may bel many
title OF Office as judges or justices OF inferior
courts n nSa S 1s9qr All these CT ITO point
as uSed III the Constitution are to be referred 10 an
officer known by that title In law AT the time this
visod. officers entitled "Dlstrict Court Justices"
officers entitled Justices of the Peace though
in other cities officers OF tnat title existed by law The
such officers to be created in every city, but
only as providing i'll respect to them where they
The Office OF Police Justice mas existed in New York
for anterior 10 the adoption of the cOnsttu
uonh provision in question. U0der that name 1t was
established IN 14S-CLaper 1853 OF the Laws of SiSand
six were 10 be elected. of districts
after mentioned Tue Police Justice succeeded by that
statute TO the power ana jurisdiction which had pre-
for Preserving Peace the CITY of New
York. ana Their jurisdiction was exclusively
criminal BY the act there established in the
CITY OF NewYork in OF the Judicial Districts into
caed the Justices. ices Court % Of the City Of and
in each district there was to be elected JUS
tce, TO hou the court III SAID district. These Justices
the jurisdiction wncn had belonged TO the officers
known US the Associate Justices of the City OF New
York, and TO tue courts known by the name of the
Associate Justices courts, which courts and Justices
dieton OF these officers civil entirely. The name
of these civil courts again changed by another act
of "Tho Associate Justices Courts 10 the CITY of New
YORK; and subsequently, Dv law OF 1852, Chap 324, the
again changed TO that OF District Courts by
which name tncy are mentioned IN the constitutional
amendment III question.
Now, the Office Of Justice OF the Peace has always
been possessed or TWO jurisdictions, the one CIVIL
tending TO specified actions aud limited amounts, the
other criminal conferred by statutes, naming them
among other officers empowered 10 preserve the peace
and to entertain criminal complaints.
At its OFigiu in the Colony of New-YOrk under the
Eogish Government, the criminal Jurisdiction was the
principal aud perhaps exclusive function Of the Justices
of the Peace, but at an early day In the colony civil
turlsdicti0nt was Conferred, and always under the
Goyernmen OF this State the civil jurisdiction
had been the most important feature OF the
Office. though the union OF both in the same office
has for many years the rule and the dis
tingushng characteristic OF the Office Thus has
II been known to the statute law and 10 popular usage
The Revised Statutes discriminate between Justices of
the Marine Court OF tue City OF New York. the Assistant
OF City OF Albany Justices OF the Justices CourC
of the City OF Hudson and Justices OF the Peace X 81
24 225 and 237 Sc. 23. The Code Of Procedure,
tons 81 10 6S Inclusive preserves the distinction.
No confusion OF terms, no interchangeable use
ever prevailed. The Justices Of the Peace
has been definite legal entity and has not been
Assistant Justices EIch has been referred to in
lation the appropriate title aud the Of neither
has been used to designate tine other
THR CONSTITUTION TO BE INTERPRETED LITERALLY.
Under these circumstances see no reason to think
that the provision of the Constitution intended to
any ything different from what II says II has en-.
ployed the definite and certain particular and
existing officers Justices Of the Peace and District
Court judges and there is nothing the subject matter
ran. Vi" ia in departing from the plan ssnse
and import OF me terms used; and more the
were not meant. officers having part only OF the
thOrity OF Justices nasmuch District Court Justices
have her oiv !usde9" ana wona nave e, oeen p n
If these terms bore the sense eontended for by the