The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-03
THE GOVERNORS VETO.
ALBANY July 2, 1875.
The following Dills have failed 70 meet with the
approval of the GOVERNOR

STATEN ISLAND FERRY CoMPANY's DOCK.
ASSEMBLY BILL No. 4l7-Entited IAN act 10 regu-
late the use OF the dock or pier at the foot OF
Jersey street, In the village vi New Brighton, in
klehmOnd cOunty.n
Not approved.
The North shore Staten Island Ferry company
II In possession OF tue dock or pier mentioned Ia
the TILE OF this bill under color Of title derived
from the state and claims TO own the same In FEE
simple absolute and TO have the right to the ex-
elusive use thereof
This bill provides that any vessel plying between
New YORK ana the north saore OF staten Island
may lahu anu receive passengers or freight AZ
such dock AND commands tue Police Commits
sloners 10 remove any distractions that may now
De or may hereafter be placed thereon. IL also
imposes penalty OF $3.50 upon any person VINO
.snal maintain or place any obstruction on said
uOck Whlch sinai prevent or who shall IN any way
prevent sne landing OF passengers or freight at
such dock from any such vessel.
Ine promoters OF this bill allege that this dock
ls subject 10 public USE but have been furnished
with no facts suostantiaung that allegation Ii lt
ia true, the public have plain remedy tnrough
the courts, and they should resort 10 the courts
IN the assertion Of their rights. The Legislature
ought not To be asked TO determine what's purely
judicial question.
Legislative adjudication in respect to private
rights Is worse tnan Judicial legislation In respect
10 public matters.
THE PoLIoE JUSTICES Bill.
SENATE BILL No. 33L-Entltled "An act in rela-
ton to police justices IN the city OF New York"
Not approved.
OF justice In the ciy oil New YORK that have come
before Inc are three
uonai criminal nudge, with powers similar TO
those or tue city Judge and the appoln tment OF
an additional assistant TO the District Attorney
II was urged as necessary by the Recorder, City
Judge, District Attorney and others. lt was
finally assented TO, on condition Of a rctrencn-
ment In the salaries OF the existing ana other
oIlcers, which betrayed the expense OF the new
ofhcers, aud made, In addition thereto, q net
saving or $40 500 to the city.
The second was Assembly Dill No. l4e in rela-
tion 10 courts OF record, giving the Sheriff Iae
service o. process issued out OF courss OF record,
anh
In the Marine Court OF the city OF New York.
The jurisdiction OF the Marine Court, except as
lnaly similar TO those OF courts OF justices OF the
peace. The marshal was the constable who
served processes III the petty cases arising In that
tribunal.
4 series OF acts have revolutionized the posi-
ZION OF the Marine Court. It's Jurisdiction WAS
early extended rom $50 to $3.50. In 1872 it was
enlarged 10 $1,000; by an act OF the present SEES
sion IL was further enlarged to $1,000. IL has be-
come great trlsunal possessing the external
CHARACTERISTICS OF the Supreme Court, with six
Judges a clerk deputy CLERK, twelve assistants,
Jour stenographers, IN Interpreter and twelve at.
teAdahts; ana holding general terms, special
terms, trial terms, IN parts and chambers. il has
absorbed a large share of collection cases and.
with the recent enlargement or It's Jurisdiction 70
$4,000, VIII become Inc great Common PleaSn oil
the people
This Court has out0rown the constable The
execution OF Its process occupies domain which
IN all the other counties OF the state, IL assigned
to the SAerln, and was assigned 70 aim here unti
his functions were superseded by the change ol q
In the controversy which this question FRO.
duced were, on the one SIDE, the marshals man '
OF the attorneys practising IN tails court and
others whom tueir influence could aneet; on the
other were the Sheriff most OF the judges many
OF the lawyers practising IN the higher courts and
the Bar Association. Among numerous papers
submitted was u copy OF a resolution adopted by
that body at their March meeting as fouows:-
Resolved, That in the judgment of this assocs ton ali
ws Of issuing out Of courts Of record Of this
when & A ha eyc
cued BY the sheriff the city and county OF New York
on principle there would seem to he no reason
for creating or maintaining an anomaly Ia the
system already existing throughout the state. Ii
there are abuses IN the Sherlns once they should
be corrected. II the system Is wrong 1t should
be changed. Bus there Is no reason why homo-
geneous system should not be maintained. If TIN
Sherin5 ONCE IL stripped OF It's usual functions
the cost or its support VIII be thrown upon tbs
county. The recent bill enlarging the jur1sdc-
ton OF the Marine Court is the contamination OF a
series OF progressive changes which have revolu.
uoulzed the character and position OF that court
and by logical necessity draws after IL an appn.
cation OF the general RUE as 10 its processes.
lie present Oil AIDA TWO new public justices
10 the eleven now existing. The necessity on
public ground or the measure is che subject o.
some difference OF opinion, out 1t cannot be SAID
to have been established. Eight OF the ten JUS
tices-oae being vdcant-haye made u communt
cation 10 me. IN wnich they state that the busE
ness or the six months ending April 80 1875 was
nearly fourteen per cent less tnan lsst year; that
the Court OF Special Sessions can, VITA the
present number OF Justices be held asly
II expedent and that "any Incl ease IN
the number Of police Justices is quite unneces.
sary and would serve to create additional ex.
pense to be Borne by the city without any CORE
Speeding benefit This communication is accom-
panied by statement OF the Clerk Of the Court OF
SPECIAL Sessions as TO the amount and condition
OF the business OF that court, Wnlch seems 10 con-
firm the views OF the Justices
Nor Is the bill commenced as forming part OF o
system, the general operation OF which would Im-
prove the methods and lessen the excessive ex-
Denses Of the administration Of justice city
PROTECTION TO FEMALE HONOR
ASSEMBLY BILL, No. 373--Entltled IAN act to
amend chapter 2l9 OF tAe Laws OF 1871 entitled
AN act to provide redress Tor words ilnputln Y
unchastitY TO lemales.'"
Not approved.
every person wfo, either verbally or by written
or printed communication, accuses female OF
able by 1ne not exceeding 5000 or by lmprlson-
ment not exceeding year, or BY both. 1t con-
tains no qualifying words.
At common law spoken words are not the oeca-
sion OF criminal prosecution. man may orally
charge another with rape or murder, aud he IS
tAerehy made liable TO oIlYa civil action.
in h0el, wnere the defamation Is Deliberate I'm
an enduring form, anu generally OBTAINS consid-
cradle publicity, IL Is, perhaps right mat Jue de-
although the reason given in Tie books Tor such
habllity-vlz, mat the publication tends TO pro.
fancifu. IL has, however, been doubted by many
jurists whether, on the whole, any good mas re-
suited TO the public, or even TO the parues imme-
dlltely concerned, rom tge trial vi an mdict-
ment for llbel.
Where the defamation Is oral, made in words
which pass with tue breath in which taey were
uttered, MADE usually in the heat OF discussion or
controversy, greatly liable to be misund erstood
or mlsrecollected, can see no reason Tor making
1t a puJiic offence.
II This statutory SANDER. created by the act OF
1871, Is TO be made criminal offence, can see no
reason why SANDER at common law should noe be-
To allow this woula foment neighborhoOd quar-.
refs, encourage litigation, BLOCK the courts with
trlnlng causes aud benefit no one except the class
OF small lawyers VINO thrive on this sort or cases
But there Is another objection TO this BILL which,
with me- is conclusive IL does not permit ma
person charged with the offence created setting
up IN mis- defence Justification, or OF his putting
IN the plea OF privileged communication IL 4
fatner should INFORM his son OF the lie wdness OF
woman whom the latter was about 10 marry
neither the truth OF the allegation nor the priv.
ileged nature OF the Communication would be A
defence 70 an Indictment against him.
II, contrary TO the general rule, oral defamation
OF this particular Character IS to be made punish.
able criminallY, the prisoner should at least have
fha Iat M whf 10.