The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-01-17
More civil Justices.

Senator GEORGE WASHINGTON TLoShEE
has introduced into the State Senate Dill
which has already provoked opposition
and Is likely to provoke more when It's pro-
visions become fully known. 1t provides
for IN increase In the number OF Civil JUS
tees in this city from II to ~. and 1t legis-
latcs out of office ct the end OF December,
1893. those district court officials who have
already been appointed by the present
Judges, or the appointment Of whose sue
cessors now devolvcs upon them.
A new Civil Court is much needed In the
east side OF the town, where the multiplied
ton Of tenement houses has caused the pop
ulation to become so compactcd that the
Judges are overworked. All that part OF
the city between Chatham street and Four
tenth street and from the East River to
the Rowery has but two Civil Courts.
Thousands Of cases come before these two
tribunals annually. many more. Indeed.
than their fair quota. This disparity SEN
ator PIuNK1rr's bill does not undertake to
relieve. What no proposes is the establish
ment Of new court In that part OF the
city which is now most sparsely populated.
the extreme west side north OF Eighty-sixth
street. where the absence OF public demand
for such court is shown by tho fact that
all efforts to place police court there have
failed. There are already three Civil Courts
on the west side, between Eighth street and
Fifty-ninth. to one police court. Senator
PLUNKIrr proposes to have four.
The powers Of Civil Judge are exercised
chiefly and most Importantly in the issu-
ing OF dispossess papers; and 1t Is the con-
troll Of these which gives these courts do
gree Of authority transcending. In SO far as
1t affects the great body Of citizens. tho
functions Of any other tribunal. It Is tho
Civil Judges who. with substantially no
right Of appeal. issue the distress warrants
to turn families and their effects into the
streets by the summary process Of eviction.
With view. therefore. OF keeping the
power Of these Judges within safe and con-
stitutional limits. the law puts the ap-
pointment Of the marshals who carry out
these mandates exclusively with the Mayor.
thereby preventing collision between
Judges and marshals. These marshals are
under bonds. and are liable to removal. so
that a weak or evil-disposed magistrate
could not use this court process to harass
and Cypress those against whom his aid
might be sought unlawfully. The clerks
and attendants Of these courts. too. are ap-
pointed for a definite term. which Is not
concurrent with that Of the Judge; and this
is another safeguard provided for the pro-
lection Of the public.
What Senator P1UNK1rT's bill proposes is
tho summary turning out OF all clerks and
attendants on a given day. so that each
Judge elected in 1893 may set up local
staff OF his own. In the case Of an executive
officer there would be no objection to this.
but in the case of judicial officers it Is con-
trary to the rule which prevails In this
country. Thus. the County Clerk of New
York. who is by law Clerk Of the Supreme
Court, Is not q mere supernumerary Of the
Judges. but is elected by the people Of the
city directly, and is responsible to them
and liable to removal by the Governor.
Each OF the eleven district Judges-elect.
ed in 1887. in 1890. and in 1s91-and whose
power Senator PLUNKrrr's bill proposes to
curtail are. like himself. Democrats. The
argument cannot. therefore. DO advanced
that this ia measure designed to put the
whole burden OF responsibility in the hands
OF the Democratic party: on the contrary
it seems rather q measure calculated to
arouse and foment differences among Dem.
ocrats. since q majority Of the Judges OF
these courts do not favor this bill and no one
seems to have asked for it.
No great harm has been done by the in.
| PRODUCTION Of Senator PLUNK1rr's bill. which
has merely been offered in the Senate and
| has not yet been passed by either House
but II it is the purpose OF any Democrat
either in the Legislature or out OF it. to en-.
bark in tho business OF causing divisions
among Democrats in advance OF the Presi
| Dental election. he should be admonished
to stay his hand and suppress his ardor
| Thisis good time to leave the Democrats
| Of New York united.