New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-07
The COURTS.
THE POLICE JUSTICES ACT

HE JOLlCE JOOIlCbc hC''
ITS CONsTITUToNALTTY AFFIRMED BY Tux COURT
OF COMMON PLEAS.
One of the most important decisions which
have been rendered the State Courts recently is that
published below, in which the constitutionalty OF the
we'll known Police Justices act has been affirmed by the
General Term the Court Of Common Pleas. The case
on which this decision was yesterday rendered was
test case brought by exPOlce Justice Edward Hogan
against Police Justice Bankson T. Morgan the latter
having received his appointment under the new act be-
fore the term Of Judge Hogan had expired 1t will be
remembered tbat the was submitted by the various
counsel to Chief Justice Charles p. DAILY and Judges
Robinson and j. f. DAILY, composing the General Term
of the Court Pleas for the purpose OF having
the consttutonaly of the act decided upon judicaly
Chief Justice DAILY gives the opinion covering so pages
OF legal foolscap. An abstract is appended:
The Police Justice OF the City Of New York, as the
office existed the adoption OF the amendment Of the
Constitution in 1869. an officer exercising limited
criminal jurisdiction which had been exercised. er
OficO so far as respects the CITY aud County OF New
York from 1854 10 1898 exclusively, by the Chancellor
and the Justices of the Supreme Court and by the
Mayor, Deputy Mayor, Recorder, and Aldermen OF the
city, and which after that time conferred upon
officer specially created for the city, and known for so
years by the title OF Special Justce and afterward and
down 10 the present time Police Justice IL Is Of
flee which has from the time of its creation in 1898 been
distinct and known by different title than that
OF the office OF Justice OF the Peace, distinction that
recognized IN the Constitution OF 1922 He directs
attention to the various provisions in the
Constitutions showing that this distinction clearly
recognized and holds that while District Court judges
and Police Justices powers winch Justices of the
Peace have not Justices OF the have powers not
given these special justices. After reviewing two
fbree cases and holding that they apply he holds
that it does not follow that II Police Justices are not
Justices the Peace they cannot hold Special Sessions
IL is subordinate court to the Court OF General SEES
siOns.
In the amendment Of the judicial article Of the Con
stuon Section 49, adopted in 1862 1t is declared that
judicial officers therein provided for shall be elected
OF appointed. as the Legislature may direct.
That the electors OF the several towns shall at the an
al il tha
Justice the Peace and District Court Justices shall be
elected In the different cities OF the State and that ali
other judicial officers cities where election appoint
nent is provided for i'll the amendment shall De
chosen by the electors OF cities or appointed by
local authorities there.
II there were no Justices OF the Peace in any of the
cities of the state; II might be claimed that this pro
charging analogous duties though known by different
but there were at the time OF the framing OF this
amendment Justices OF the Peace In other cities of the
To declare an act of the Legislature unconstitutional
and the language of ChefJustice Marshall at
all times question of much decacy which ought sell
DOM If ever. to be done In doubtful case 1t not
upon slight implication vague conjecture that the
Legislature is 10 be pronounced TO Nave Transcribed
powers. It's authority is absolute aud unlimited,
except by the express restrictions Of the fundamental
law; and 1t must be clear obvious, and plain beyond
reasonable doubt that 1t was restricted FROM doing
what IL has done before Its enactment Will DC
void This is sound and safe rule, and II departed
from by applying such tests as the spirit gen.
eral Intention" &c, constitutions may he made
to mean mean anything thaa judicial tribunals
tons and in Its application Is In my Judgment decisive
In II the Office OF Police Justice the CITY
Of Is included in that OF Justice OF Peace
then the Office OF District Court Justices Is equally in
cluded for all that is be relied upon warrant
that conclusion IN respect TO the applies with equal
force 10 the other, and IN that view there was no
occasion whatever for Mr.. Mnrphys subsequent mod-
cation OF ms amendment The conclusion would then
have to be that the reconsideration of his amendment
not required and that he subsequently offered and
the Convention adopted, provision In respect TO Dis
trict Court Justices which wholly unnecessary In
judgment Justices or the Peace, District Court Jus
tees, and Police Justices OF the City OF NewYOrk are
distinct offices, aud that the latter are embraced
under the title of Justices OF the Peace in the amend
ment of the Constitution OF 1863.
remaining question: that the subject OF tins act IL
not embraced In It's tite shall dispose Of very briefly
entitled IAN act To secure better admins in
the Police Courts OF the City OF Newiork."
In the recent case matter OF Mayer, was held nv
Chief Justice Church. in delivering the opinion of the
Court that the Constitution does not require that Tie
title OF an act should be the most expression of
the subject that 1t is enough II fairly and reasonably
announces 10, and n the subject Is single and the
various parts have respect or relate 10 that subject the
Constitution Is complied with The subject In ths case
ia single one to secure better administration IN the
Police Courts and ss have already stated, We cannot
say that provision substituting al appointment by the
instead OF the nlshton at th"Ao Inferior Criminal