New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-11-10
POLICE JUSTICES MUST GO.
THE NEW JUDICIARY ARTICLE DOES NOT
STAND IN THE WAY.
THE POINT RAISED THAT THE REVISED CONSTR
TUITION WILL PREVENT THE LEGISLATURE
FROM Kidding TIE CITY OF THEM
POOH-POOHED BY MEMBERS
OF THE CONVENTION.


PooH-PoOHED BY MEMBERS
OF THE CONVENTION.
The Tammany police justices who read yesterday
morning in of the papers that they were safe.
and that under the judiciary Article of the new
Constitution the Legislature could not give any
one authority them. need not congratu-
late themselves that this Is the case. In view OF
the fact that the Judiciary Article does not go into
effect until January. 1896 there seems to be ample
time to remove +. Diver and the rest of the Tam
many embellishments OF the police bench, even II
the judiciary Article should be construed in
some quarters 50 as to make removal impossible.
Eminent lawyers. however. say that under the Ju-
dietary Article it Will be possible to rid the police
courts of the present justices. so the Tammany
justices had better take thought OF the morrow
at once. Every one OF them will have to go, and
the Legislature Of 1926 will give them their walking
papers.
Joseph II. Choate who president OF the Con-
stitutional Convention. had not considered the sub
ject. he said. lie was just leaving his office when
a Tribune reporter called.
moments thought. he continued: II don't believe
there is anything in IT, really can't say anything
Go UP and see Mr.. Root he knows all about it
g.. Elihu kooi framed the Judiciary Article. am he
pooh hoocd' the idea that the degraded and *
norant men who disgrace the police bench Of the
city could not be removed under the new Constitu-
ton. He said
In Interpreting the sections relating to the tenure
between removal and radiance. 1t Is undoubtedly
true that they can only be- removed for cause
juicially determined AMI dccrccd. but they can be
got rid OF 10y legislative enactment limiting their
terms OF Office. There * theoretical limit 70 the
amount Of limiting the Legislature can 10. IL can
limit their tenures To day or less. There Is a prac
tcal restraint however In the fact that the measure
meted out to the present justices would stand as "A
measure OF tenure accorded 10 their successors
This, nevertheless. would not prevent our deverPnce
from the Tammany Justices within a reasonable
period"
First Assistant Corporation Counsel David J.
Dean asked for his opinion on the question yes
terday. but declined to say that sections Il. u ana
- Of the Judiciary Article could be held 10 retain
the present police Justices in office. Mr. Dean
after reading the sections with care. SAID th1t the
first natural conclusion would be that the language
OF Section @. which provides that justices OF the
peace and other local judicial officers provided Tor
In Sections II and lS IN office when this article taxes
effect should hold their offices until the expiration
OF their respective terms" referred to Ncw-lork
city police Justices. But" Mr.. Dean added, the
books are full 81 learned decisions bearing upon
police Justices and defining their status as judicial
officers and until | have an opportunity to ex-
anime thgse decisions prefer not 10 express any
opinion on the subject"