New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-01
BENCH REFORM BEGUN.
NEW CITY MAGISTRATES ENTERED UPON
THEIR DUTIES AT MIDNIGHT.


KEr COURT AND ELECTED MR. FLAMMER
PREsIDENr-PLANs OF THE TAM
MANY JUSTICES TO HOLD on
TO THE OFFICES.
Last night at IL O'Clock the new city mags
trates appointed by Mayor Strong under the City
Magistrates act met at the Jefferson Market
Police Court the customary place for the meet
ing Of the old Board Of Police Justices. and for
mally signalized their entrance upon the duties
which the statute OF 1895 prescribes for them.
Their appointments and assignments Of clerks ana
other subordinates we're officially announced At
the same hour. under the law. the old Police
Justices. save the two appointed magistrates, be-
came powcriess private citizens through the
adjustment OF their respective Offices. Although
threats have been many that the new officials
will find the pathway Of a local criminal jurist
anything but a smooth in the immediate
future nCre Of them were alarmed over the
prospect.
After a secret session the Justices adjourned to
the open room of the Court House. and the or
ganization was completed by the election Of
Charles A. Flammcr president and John s.
Tibbetts as secretary. Cpon the resolution OF
Justi,o Slmnis the following were appointed as
! committee upon rules: Magistrates Simms,
Il and Crane. The Magistrates then began
.,. me business involving the appointments of
n ks. already selected. providing compensation
fr, them. and the arranging Of various other
u.i ills These arrangements have already been
= le public
pom jefferson Market they Will this
NOR hing TO I'LL their several assignments. The
police have received their instructions to see
that no obstacles placed in the way of
Mayor Strong's appontees The justices of the
Special Sessions will assume their functions at
the Court Of Special Sessions in the Tombs.
CITY MAGISTRATE deuel. will preside at the Tombs
Police Court Magistrate Flammer at Jefter-
sor Market Magistrate Smms at Essex Mar
kc,. Magistrate Mott at Yorkyille, Magistrate
Crane at tho Harlem Court. and Magistrate
Cornell at Morrisania. Magistrates Wentworth.
Brann and Kudlich will hold themselves ready
to perform any duty to-day which may de-
volve upon them resulting from the possible
sudden indisposition Of any OF their associates
or other cause.
PLANS OF THE EX-POLrCE JUSTICES.
The methods which the ex-Pol.ce Justices are
10 adopt in the hope of keeping their places was
one II the interesting questions which the New
York public was most Interested In yesterday.
Ex-Judge Noah Davis. Ex-Governor George Hoai-
ly and 4. H. Hummel II counsel FOR the ex-
Justices had a consultation yesterday and con-
sidcred the course which Is to be pursued in get
ting casn before the courts 10 test the con-
stitutiontlity " the law which throws their
clients ont ~ Office Each retiring Justice Is to
pres"nt himself this morning IN the court 70
which he j. assigned in the Board Of Police Jus
tees assignment card and formally demand 10
be- permitted t. Vi, as II yore and hold court.
This will be couricousy refused him as matter
- course Then the ex-Just.ce. 1t H. expected,
aih quietly ais way
There were reports yesterday that two three
Jus:ices-and the names Of William II. Burke
aad Joseph Koch We're mentioned In this connec-
fl0n-meant 10 undertake a forc!ble possession of
,he court rooms ~ Harlem and Morrisania. The
reu1rt was not credited however. not even by
the widest II the old Justices Tammany all
herents. The police have their Instructions and
would make short work Of any violent proceed
ings whatsoever.
THE POLICE To RECOGNIZE THEM
The new Magistrates alone Will he recognized
by the police. the Department II Public Works,
the Department ~ Charities and Correction and
every other city Official Justice Koch denied
Yesterday that there was any thought Of a resor,
to force.
There will bo no fireworks" he said at the
Harlem court. NN'iF NJ S'l ytSN'lidS IpS inv
apportlonmcnt Of Justices am due a, Morrisa-
MIA Court tomorrow. | shall go there and de-
mani to take my seat. and. II am not allowed
t. 10 CO. will e. away or course. Il wlll be more
or less - forInality II will not take more than
thirty seconds bat 1t Will be the first step in the
legal fight
Il do not know what orders the police have. and
ID not care The Justices Will not come into
conflict with the police in the slightest degree.
As FAR as am onrcrncd. there need DE no police
at court at all"
How the constitutionalny Of the law Is to be
tested was much discussed by lawyers and
others yesterday. The plan which has been
suggested IL To have some one committed as
prisoner by an outgoing justice VINO could
be plaintiff In the necessary suit. As no court
officer police or prison warden would recog-
nize "A commitment signed 10y justice VINO
was out II Office at midnight last night THIS
scheme II was understood. had been aban-
doncd Nevertheless Justice Thomas +. Grady
was making visits to friends uptown last even
lag and incidentally asking one and another
during conversation relating Ia the coming
test case. If he che person addrcsacdl would De
willing To- stand committed for few days IN
order 10 form problematical basis for a case
at law. So far known. MI Grady found
nobody who wanted to step into prisoners
shoes although there could be only surposi-
titious commitment 10 jail
Friends OF the Judges expressed themselves as
sanguine yesterday that Mcssrs. Davis. ioady,
James and IIunmel would win the CAGE 'or koch.
Diver (irady. RYAN & Co, when they got 10 tne
Court If Appeals. The counsel for the eX-Jus-
tees are counting they said. strict construc-
ton ~ the new Constitution. which. they assert
In "A sufficiently explicit way. In Section Is pro
vdcs for the retention II all the Police Justices OF
New-York until their terms expire They intend
to make no fight on the validity Of the title OF
the new Justices and Magistrates. but to contend
that the Legislature. in passing the city Magis-
irates act eimply created folHteen more local
criminal Judges which added to the fifteen old
Police Justices make a batch OF twenty-nnc 10 he
supported by the city. Tammany politicians IN
sisted last evening that the three Democratic
Judges on the Court II Appeals bench would GER
talnly vote for the construction Of the Constltu-
tlon which would retain the fifteen Police Justices
as "A part Of the city's judicial machinery. AS the
highest court Of the State IL composed OF only
seven Judges. only one more vote would be neces-
sary and the Tammany men were sure that this
would be forthcoming.