New-York tribune., 1895-07-06
PART III.
PAGES II TO IA.
THE OLD JUSTICES CASE.
CONsTITUTIONALITY OF THE MAGIS-
TRATES ACT DISCUSSED.

AND EX-JUDGE DAVIS AND EX-GOVERNOR
HOApl.Y PRESENT THE SIDE OF THE
FORMER POLICE JUDGEs-JUsTICE
srovER RESERVES DECISION.
1ustice Slower yesterday heard arguments on the
ouestion Of the constitutionaty OF The act passed
hv the last Legislature creating the offices Of Police
Magistrates and Justices Of the Court OF Special
sessions and removing from Office all the old Police
1re,,ces The question arises in the case Of Thomas
thornton who. on July l. was sentenced TO pay
ene of $40 by the Justices Of the old Court or
Snecal Sessions. notwithstanding the fact that the
or, Of the Legislature terminated their office at
midnight on June 80 In default of payment OF the
fine Thornton was TO stand committed for ten days.
Former Police Justices Ryan, Koch and Hogan
,,ere in court during the argument of the writ
Lewis L. Deafield appeared In defence OF the pres
ont Police Magistrates. Ex-Judge Noah Davis and
rx.Governor Hoadly the counsel for the for
roer Police Justices. and Ex-Judge A. j: Dttenhoe-
fer who has been retained In the interests or the
ex-Justices in other proceedings. was also on hand
After the case had been presented to the Court
Judee Slower inquired: LAS a matter OF fact where
Is the prisonerr what mas peeh uohe with mn" !"
the mean time
Ex-Judge Davis answered this by declaring that
bs was and had been since the writ OF haoeas
corps was issued in the custody OF one OF the Tor
n,er Police Justices. He said further:
Rut ,he question here Is not as TO his CUSTODY now
hut whether at the time this writ was obtained vas
~ wfi,lly then detained and deprived OF his lib
sr.y IL is iInmaterial whether or not he mas re-
mained in close custody since the VIII was issueu
IL is in the custody of the Court.
The question before the Court is whether me act
of the Legislature which turned out OF once these
Justices aas or not valid and consutntlonal
~ 10 not seek TO attack official rights OF tfe
rsviv appointed Magistrates. We do not raise any
nnsstjon as TO whether they are de facto or Ge
T-e iustces. Ii Is not necessary that theE shouiu
he disturbed in their positions in order 10 hold the
ac, 10 be unconstitutional. Ii may be that the
legislature Intended that there should be more
Istices than formerly. The Legislature may
{,,stf QS
The return 10 the writ OF habeas corpus was made
bv Mr. DelaAeld In behalf Of the new clerk Of the
Court Of Special Sessions. Ex-Judge Davis insisted
,bo. tho case was still before the Court of Speca
Sessions although some of the former Justices
may have been unworthy Of the office.
Mr. Delaheld answered that he saw no necessity
for defending the consttutionaty OF the act uhder
which the present Magistrates were appointed
Ex-Governor Hoadly then took mp the argument
~ N. legal points involved In the case ana CON
!, nied that the terms OF office OF the old JuslCeS
we're fixed BY the Constitution, and that IL proNluei
that they should hod office until the expiration VI
their terms He said the sole question was as 10
the construction OF the constitutlonal proNlsoiaS
cons,itutonaliiy Of the law creating the present
Police Magistrates. contended that the once, OF
nolice Justice is not constitutional once, ana Is
entirely within the con:ro. OF the LEGISLATURE ne
sail that he had an opinion signed by Joseph H.
Choate lanes C. Carter. William Il. hornbiower
I fosaob -ocoue 10 the effect that the office Of
noljce Justice is Of legislative and not constitutional
f1stice stover gave the lawyers an opportunity TO
put In briefs and reserved his decision