New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-29
UNFOLDING NEW JUSTICES.
LEGALITY OF THE ACT CREATING THE
PRESENT SPECIAL SESSIONS.
DECISION OF JUDGE SLOWER ON THE coNsTiTu-
rroNAL QUEsTIoNs-THE OLD JUSTICES
WHOLLY DEFEATED IN THE

THORNTON TEST CASE.
rrass Slower OF the Supreme Court. yesterday
rendered z decision sustaining the consututiohai''
o. the act OF the Legislature creating the present
Court OF Special Sessions.
The decision also holds that the Legislature hau
the .lori,v TO extend or abrdge the )ursu,. W.
~ the old Court OF the Police Justices OF the Guy VI
Nev-York that the term OF the Police Justices was
thereby ended and that the respondents-'he o''
Police Justices-had no power 10 act as
OF Special Sessions, subsequent to miohsn' "a 80
30 1895: that the REALTORS Thorntons - co'' -,
was void and that he Is still haoie 10 oe VIZ"
Special Sessions upon the charge agains. ,','''
tha, he should be remanded for such trlai.
w. aoo,s,o, WAS given In the case OF Thomas
Thornton against ex- Police Justices Hogan Meane
and Feitner. Thornton was arrested on ci"i sc "
assault in the third degree on June ~ ""en al
raigned he waived examination and elec'eo 10
800 ,r,a, Of Special Sessions. When the case was
called for trial in Special Sessions on June y u
was adjourned by the Justices named until July l.
the day after the old Justices went out OF once
This adjournment was made for the purpose VI
testing the constitutionalty OF the act creauhs
the new court and legisatng the old Justices OUT
OF Office.
On July the outgoing Justices met OUTSIDE OF tne
courtroom and. processing to act as the Court OF
Soec,al Sessions fined Thornton $40. Counsel Tor
Thornton secured writ OF habeas corpus ana
certiorar and raised the point that Thornton con-
viction was void upon the ground that the ACT
creating the new Court of Special Sessions ended
the tenure of Office Of the old Justices, and that
their Jurisdiction terminated at midnight on June 80
Thornton was then committed TO the custody Of
ex-Justice Hogan.
Judge Slower decides that the old justices had no
right TO hold Thornton in their custody. Even
though his conviction had been legal his commit
ment was TO the city prison for ten days, or until
his fine was paid. In regard to this the Judge says
he no iusfi0
prisonment that the prisoner is held against his
own protest and desire in order to afford him an
opportunity to pay fine which he had not sgnihed
his intention OF paying or any desire TO make an
effort to pay or obtain. Such favor might be
upon e'G him against his will That his detention
then by the respondents is utterly unauthorlzed
need not require further consideration
After citing and considering the sections OF me
Constitution which relate TO the creation OF
inferior local courts and the election or appointment
Of judicial officers Judge Slower continues as fol-
THE respondents were IN office at the time of the
adoption OF the Constitution. and the terms of office
Of the various police justices expired by Limitation
OF time at different times 1t is contended by the
respondents that the Interpretation TO be gwen 10
Section % is that they shall hold for the full period
elected. and necessarily that IT was not within the
the time for which they had been appointed. Upon
the other hand it is Gained that the term OF once
that. the Legislature having power to abolish the
office the term of the incumbent thereby termi-
mated
The right the Legislature to abolish or destroy
local courts Of civil and criminal jurisdiction Is not.
and cannot we'll be. questioned but the contention
on behalf OF the respondents is that. to the JUS
tees Of such courts in office at the time Of the adop
ton Of the Constitution. the legislature has no
power to abolish the Offices. If by so doing the term
OF The incumbent is abridged.
in constituting section %, it should be kept in mind
that the trainers Of the Constitution were dealing
with classes Of ofcers-one created by the Con-
stituton and whose existence is independent OF the
LEGISLATURE and another class. created 10y the Legis
)ature. and whose existence could be terminated at
time bv which created 1t. and this
class Of offices embraced inferior local courts of civil
and criminal jurisdiction. There be no question
that the Court of Special Sessions Is inferior
court of local criminal jurisdiction. 1t was crea-ed
by e Legislature.