The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-17
OUR NEW COURTS.

THE CHANGES PROPOSED IN THE ADMNsTRA-
TON OF JUSTICE TO Mr.. wAEH-
NER's BILL
The two bills now pending before the Legisla-
ture in relation to the administration OF justice in
tnfs city have naturally formed the themes OF
animated discussion ON the part OF lawyers,
judges and orncials generally connected with the
municipal government The changes proposed
are quite extensive, and II carried out would
materially alter the mode OF administering Grim.
inal justice in New York. The bills here alluded
to are, OF course, ,hose OF Senator Fox and Mr..
waenner. The nrst, which has already been passed
by the senate and sent to the Assembly for con-
currence would totally change the compile xion OF
the Court OF Special Sessions. That Court Is pre-
sided over alternately by three police justices,
who sit three days OF the weeE-on tuesdays,
Thursdays ana Saturdays-to dispose OF cases or
misoemeanor. such petit larceny, malicious
mischief cruelty TO animals, assault and battery
and other petty offences oil that character. Sena-
tor Fox's bill contemplates The appointment or
two justices. to be nominated by the Mayor and
confirmed by the Board OF Aldermen. who, in con-
junction with q third, to be selected Dy the Board
or Police Justices, are henceTortn TO preside over
this Court.
MR.. wAEHSER's BILL.
The second bill, introduced by Mr.. waehner, Is
tirely new court, 10 be called the Central Grim
inal Court,r which is to be endowed with co-ordi-
nate Jurisdiction with the Court OF General SEES
SONS Except In cases OF murder. arson aud for.
gery). and 10 be presided over BY two judges
appointed by the Mayor and confirmed by the
Board OF Aldermen, whose terms OF ONCE are
10 be fourteen years. These judges are to
be paid $4,000 q year. The bill provides also
for the appointment OF q chief clerk, two
sistant clerks and a stenograpner, ana for an ad.
ditlonal assistant district attorney to attend TO
the business OF the court. 1t win be seen that
the last-named measure Is q rich placer Tor ONCE
seekers, creating no less than seven lat on
ces. The law, IL must be remarked, Is careful 10
stipulate that the assistant district attorney shall
.oe paid the same other assistant district at
torneys are now padn aud taey enjoy a very
generous salary. In tue way OF salaries alone the
expense entailed by this new court would proba-
ply not iall short OF $4,000 year. and other ex-
penses would swell that amount very consider
ably. This bin viii be favorably reported by the
Judiciary Committee OF the Assembly, Il IL has not
been already.
WHY THIS ADDITIONAL ExPESsEf
AS the taxpayers CT New YORK groan already
under an enormous burden OF taxation It has been
generally asked. "why incur this vast additional
outlay ~ In support OF Senator Foxs bill for
changing the Court OF Special Sessions, It Is urged
that the present Police Justices have enough TO
do with their police court business; that they
in favor OF THIS bill, desiring 10 be relieved from
attending TO the Special Sessions; that the Tombs
is overcrowded with prisoners owing to the lack
or judges and, finally, that It Is unjust to persons
charged with crime to bring them Tor trial before
the very justices who committed them, and who
thereby must have received an impression as 10
the case In behalf or Mr.. Wsenner's bill, creating
q new criminal court, the overcrOwding oil the
city prison rs used the main argument. The
writer was sent yesterday to investigate the truth
OF these statements and 10 ascertain the views Of
those oficlas VINO are Ia position 10 Judge
authoritatlvey Of the merits OF these proposed
GENERAL DRIFT or OPINION.
As for as senator Fox's DILL Is concerned the
opinions expressed by members Of the Bar and
others are greatly at variance. some OF the pres
ent Police Justices favor senator FoX's Dlll, Dut
Justice smith said yesterday that rs lar as ne
could Judge ron ms converse ions with several
OF MS associates they seemed 20 pc opposed 20 H.
lie admitted mat the Police Justices were some
what pressed win work. but Thought mat was no
sufficient reason to saddle the taxpayers with an
additional burden 81 $1,000 year. IN regard 70
before the same justice who had committed them
ne said tnat me Court 81 Special sessions gen.
CURED two justices 10 convict. He consider ed
that a very weak, iailaclous Argument.
RECORDER JACKETS OPINION.
Recorder Hackett who Is certainly hiRn au-
thority regards the local Administration Of JUS
tlce, IN favor OF the oil introduced Dy senator
Fox aud opposed TO that OF Mr.. Naehner. He
thought the Courts or General sessions ana oyer
aud lermner would be equal 70 all demands II
the supreme Court Judges could be induced 70
devote more OF their time 70 the criminal business
OF the last mentioned Court. tie SAID that the
over ana Iermlner had only disposed OF ntty-our
indictments lass year, with seven JuJtlces a. It's
command. while the two judges Of the General
sessions had disposed OF no less than 1000 indict-
ments. "lneY met on the 1T OF THIS month, Tor
Instance lie said. ''And adjourned Tor q month,
while they ml2ht have done n great deal IN the
oyer ana Tel miner that time. II one or Two
OF the supreme Court Judges would only nod the
and 10 "A WAAE
the General Sessions we're held, al the demands
oil justice could easily be complied with. Although
Recorder Hackett was IN favor OF senator FOx's
bill, Tor a multiplicity 81 reasons ne yes considered
the argument, that a prisoner SHOULD not be tired
before the justice VINO committed him, erroneous.
DISTRICT ATTORNEY PHELPS VIEWS.
District Attorney Phelps was decidedly opposed
70 b0tn Dlis. speaking nVre especially Oi MT.
Waehner's measure, ne SAID there had never been
so lew prisoners m the 1omDs awaiting trial az
the court oil General sessions as there we're now.
In MS opinion the present arrangements we're
quite sufllclent even without taxing tue supreme
Court Judges more m the future. ~ tnls Oil was
passed there was eDd 20 inc additional ex-
penses that might DC incurred. Inc new court
would require a star u officers and perhaps even
a speclal Grand jury. IL the efficiency Of ne Gen.
eral sessions was simply 70 be increased, the nest
tning wOull tie W aId a thlrd " the TWO Judges
now presiding over that Court ana 70 order its
holding double sessions continuously fne argu-
ment advanced in advocacy 81 senator Fox's oil,
as o the unfarncss . the present system toward
the prisoners, nj. Phelps pronounced 70 be simply
eyed and snrewd Official, ''you might
jHst well say that the JUDGES OF
the SupI me court ought not Try man iOr whose
arrest AM c0mmittal tney have issued warrant
lact that tae TOmDs VAS frequently over.