New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-15
PUNISHMENT or .NhINE.

The town OF Gravcscnd has been ofnclaily
| declared 10 be under the jurisdiction of the
state of Ncw-York. John Y. McKane ana his
| gang about election time acted as though Cohey
| Island had cut loose from It's moorings ana
driftcd out to sea- where its sovereignty was
absolute and their own dictatorship Il law unto
itself. The Supreme Court has not been seri-
ouslv impressed with this amazing assumption
Of boss sovereignty. 1t has affirmed the jurs-
diction of the State over King Johns political
realm. 1t has virtually pronounced hls resist
ance to and disobediencc of the orders oi 'he
Supreme Court acts of treason ana rcpclilon'
1t has sentenced him and several of his chlef
rctaners to the pententiary for thirty days Tor
criminal contempt Of court
While this Is righteous judgment for when
honest law-abiling men Of all parties VIII De
deeply grateful TO Justice Barnard, It's excel
ton will undoubtedly be deferred until Mchanc
and his accomplices have exhausted the re-
sources OF the law In their attempts to avert
their punishment and disgrace Their counsel
have promptly announced their intention to APP
peal the case Whether they viii secure pro
forna affirmation Of the decision from tho Cen
cral Term and carry the case directly To the
Court Of Appeals. or whether they VIII tlke
full advantage OF the delays which the law
allows, remains TO be determined. In any
event good citizens will have strong grounds
for confidence that the decision Of Justice Bar
narl will he reafiirmed. The Court Of Appeals
has already passed upon the power OF the SUI
preme Court to impose fine and imprisonment
for criminal contempt. In King VS.. Barnes II
has fully sustained the legality OF this method
OF furnishing for criminal contempt In civil
action. 1t has ruled that where the contempt
consists OF an affirmative act Of resistance To
processes OF the court or an active effort 10
defeat the orders OF n Judge and 10 render them
nugatory II comes within the statute and may
be punished by fine and imprisonment.
The conviction Of McKane and his accom-
plccs Of criminal contempt does not exhaust
the resources OF justice. II Is the first victory
in what promises TO be an nvincible campaign
against rebels and evil-doers in Gravcsend.
McKane, the Police Justices and the registry
officials committed fragrant offences against
the election laws, for which they can be In
dicted, tried and sent TO Jail. All the repre-
sentatives Of Mr.. Gaynor who were assaulted,
arrested or imprisoned on or before Election
Day also have their remedy in civil suits for
damages The first conviction for contempt
will serve the purpose OF dlscreditng the boss
Of Gravesend and breaking up his absolute SUI
premacy there. 1t ought to be followed by a
series Of convictions and sentences In criminal
and civil suits which will render odious treason
and rebellion against public law and the au-
thorty Of the Supreme Court.
Other object lessons Of the same kind are
needed The General Term ut Albany has de-
cded that the Democratic officials who can
yassed the socalled Mylod return in dsobcd
ence Of the order Of the court were also guilty
OF contempt The case like that OF Mckanc.
will eventually be passed upon by the Court OF
Appeals, and II Is not impossible that the officials
will yet get their deserts In the pententlary.
fragrant rs was McKanc's conduct in Graves
end. at least one excuse could he offered for 1t:
he had been taught by the practice Of Demo-
cratic State officials that 1t was safe for poll
tive mandates Of courts and to defy the au-
thority Of the highest judicial tribunals Trust
Ing implicitly In his political pulls In Brook
lyn and Albany, and remembering that the
Democratic party had rewarded with nominal
ton to the Court of Appeals its chief criminal
and lawbrcaker. he entered audaciOusly upon
his campaign Of crime and lawlcssness If he
has earned his striped jacket, so also have many
other Democratic officials in this State earned
theirs.