New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-04-11
SELECTIONS FROM THE MAIL
MIR GERRY DEFINES HIS POSITION.

MR. GERRY DEFINES HIS POSITION
HIS PURPOSE IN THE PROPOSED AMENDMENTS
TO THE POLICE MAGISTRATES BILL
To the Editor of The Tribune
Sir: Your valuable paper this morning contains
statement "of prominent member OF the Oohiil'
tee" of Seventy. that in proposing MS twenty
amendments TO the Police Magistrates bill MY Gerry
had no other object than TO make Its passage I'M
possible His purpose transparent when ne
nroposed TO change TIE mode of appealing from the
Judgment of the police magistrate in cases relating
TO the commitment of children in when MS society
is interested Instead of carrying these cases be-
fore the court of Special Sessions the law now is
Mr.. Gerry proposes that they shan so beiore d
Judge Of the Court OF General Sessions.
l. This statement exactly illustrates the lsho-
rance of a member of the distinguished committee
and of the public at large the provisions OF the
sections which l have asked in beha1 OF the cnH-
drcn to have struck out. II Is these sections ana
not myself that change the MODE oi Appearing
from The Judgment of the police magistrates in
cases relating 10 the commitment OF children Inc
Court of Special Sessions at present has no such
jurisdiction of appeals and never had any such
jurisdiction 1t IS essentially trial court. Ihey
are heard now and have been for years, before the
Court of General Sessions composed at the present
time of Recorder Golf. Judge Cow!ng and Judge
Fitzgerald, three Of tie ablest criminal lawyers III
the city There have been very few appeals, anu
IL is not the policy of the law to multiply appeals
. The commitments being OF criminal children
YOU will readily see the importance Of having all
questions in regard 10 their validity determined by
the highest criminal court composed or Judges Oh
the greatest experience This is the law now ana
no reason whatever has been assigned for changing
It, II has been the law for years. and is the uni
form law throughout the State. 800
3 The ten mot twenty sections of the bill Whlch
/ have asked to have struck out. on the contrary,
change the whole of this, take away the 1ursdcioh
from the three judges mentioned and give II to I'VE
appointed,
court II the bill passes with these sections m
these five judges TO review on appear the
decisions of nine police justices and 1t Is only
after appeals have been taken from their decisions
10 the Supreme Court that errors-whch are very
liable to enSue-can be corrected. Again ana again.
have | asked why the change is proposed TO be
made or who asks for il. No reply ana not one
substantial reason for Ii has yet been given The
subcommittee who drew the bill make no state
ment regarding IL. ~
g. If these sections are stricken out the bill Is not
hurt, Is its passage thereby made lmpossiple
They have nothing to do with the appointment or
removal of the police justices. with the reSula
ton of their trials in court but they 40
most vitality affect the commitments of criminal
children in this county, and am only cong m!
duty in presenting, | have done. my objections
20 the sections which believe should not nave been
inserted and my amendment which simply keeps
the law it STANDS. .
police justices" have | appeared TO oppose the
bill beyond asking for the simple amendment in
question. II is unjust and unfair 10 say that the
bill is killed on account OF my objection. Whon II
these ten sections stricken out opposition on
my part ceases.
As an act of simple justice I beg you will insert
this communication in your valuable paper in as
prominent d place the article to which II refers
ELBRiDGE r GERRY. President, etc.
New-York, April 10. 1895.