The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-06-08
JUDGE SUTHERLAND's AGE.
Ex-Mayor Han Says that he Ought Not TO be
on the General Sessions Bench.

Officer Owens OF the Society for the Pre-
vention Of Cruelty to Animals. saw. as he al
legged James Frazer. n groom for the West
chester Polo Club. banging" the tail OF horse.
on the clubs grounds. on the 26th ult. Regard
ing the process as cruel. Officer Owens arrested
Frazer Justice Murray fixed Frazer's bail at
$780, II was given by Mr.. August Belmont. Jr,
OF lO9 Fifth avenue. and Frazer was released.
The Grand Jury indicted Frazer on Thurs
day and he was arragned yesterday to Plead
in the General Sessions.
Ex-Mayor A. Oakley Hall said that Frazer OBJ
jectcd to mako any other than special plea
Mr.. Hall then handed to Clerk Hall Il written
plea. 1t sets forth that Josiah Sutherland Esq.
was duly installed as n Judge OF the Court Of
General Sessions on the 1st Of January. 1873.
1t was then and has ever since been provided
hy the Constitution OF this State that every
Judge Of the Court Of General Sessions who
shall attain the age Of 10 years shall cease to
hold Office on the 3lst OF December next follow
ing. Prior 10 the 3lst of December. 1877. Josiah
Sutherland. Esq. reached the age OF 10 years
and ceased on that day to be Judge Of tho
Court of General Sessions. An alleged indict;
mcnt was found against Frazer Ivy an alleged
hrand jury. sworn and charged 10y Josiah
Sutherland. ESQ. an alleged Judge of the Court
OF GENERAL Sessions. the slid Josiah Suther-
lhnd Esq. having no jurisdiction. and th"re-
iore Frazer declines TO plead to the indictment.
Judge Sutherland was talking TO District
Attorney Phelps when Clerk Hall received the
Indictment and II was not presented to him.
Ass stant d strict Attorney Bell. who had been
assigned to prosecut' FraZer. tnrn assent"d to
iow-tonrd proposition from Mr. Hall that tho
case b. deferred for several DAYS. judge Suth-
erl0nd ordered recess soon aiterwurl. ana re-
tired 10 his Chambers. Then Mr. HALLS plea
was put before him. He showed deep feeling
while he read II. Then he ordered that il b ,
returned Mt once to Mr. Hail.
This constitutional question" Mr.. Bell snd.
Judge Sutherland. 80 formal argument viii be
made on either side. apprehend. for Judge
Sutherland will probably say. II Mr.. Hall should
raise IL at the beginning OF Frazer's trial. Go
on. siri' and give Mr.. Hail the benefit Of an
exception. II Mr.. Hall goes up with this eX-
cepton to the Court Of Appeals he will probably
hH disromtted Even il Il be granted that Judge
Sutherland is Hmenabe to the constitu-
the. retirement OF Judges wnen they reach
their seventeen yehr, 1t Is certain, in my
opinion that Mr.. Hall has not taken the proper
course TO make this apparent He cannot DO
this legally in collateral matter. He must
cnuse a quo warranto suit to be instituted IN the
supreme Court II he wishes to dispute judge
Suther.ands judicial title. Why. II Judg 5
tile can be called into question in this way.
successfully. whenever a lawyer wants to gain
time for his client. the courts must be closed"
Judge Sutherland's term. IL is understood.
expires on the 3lst of December of this year.
With pardOnabls pride. II is said. he desires to
serve for the full term for which lie was elected.