New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-17
THE OLD POLICE JUSTICES CASE.
ADDRESSES BEFORE THE APPELLATE DIVISION
BY MEssRs. CHOATE. HoADLY. OFTEN
HOEFER AND DFIAFIEI.D.


Argument was heard yesterday by the Appellate
Division Of the Supreme Court on the lons-pendins
apassl OF the old police justices against tho con-
stitutionaly OF the law passed May 10. 1896. which
legslated them out OF ONCE. On November =. 1895.
Joseph Koch one OF the ousted justices. brought
suit against the city for s2c1O being three months
salary from the date OF the legal abolition OF his
Office Justice Beekman. In Special Term OF tho
Supreme Court decided against him. On October
o. 1896 ex-Justice Koch issued A warrant for the
arrest OF William T. Stenson. jr and stenson was
arrested. He brought suit against Koch for 10000
damages for false arrest on the grounds that he
had no authority to issue n warrant. and Justice
Patterson in Special Term. awarded him 5000
Stenson's arrest and suit were simply pro forma,
and were part OF the development OF the cass for
the Appellate Court
The matter brought before the Appellate
Division In the form OF the two suits at once.
Koch's appeal against the Mayor. Aldermen and
Commonaity and his appeal against the damage
verdict George Hoadly and A. J. Dntenhoefer
appeared for Koch. and Joseph II. choate and Lewis
L. DeIafeld represented the Corporation Counsel for
the city When the matter came up Justice Pat
terson started TO leave his seat but Mr.. Hoady
announced that ne would submit the Stenson csse
without argument This was agreed TO. no Justice
Patterson remained. as he had not passed upon the
other case The other justices sitting we're Justice
Van Brunt presiding: Justices Williams. OBrien
and Ingraham These four will decide the Stenson
case.
In opening for the appellant Mr.. Hoadly declared
that the law clearly unconstitutional. In that
Il provided for the summary termination OF the
service OF the police justices. The right Of the
Legislature to establish additional tribunals and to
provide for the appointment Of more magistrates
was not disputed. but under the Constitution no
judicial officer could be removed.
Mr. Hoadly read from the Constitution. ms fol-
lows:
nd tber ioCal ind cf
officers provided for In Sections II and IL. In office
when this article takes effect. shall hold their offices
until the expiration Of their respective terms
what does this mean" demanded Mr.. Hoadly,
turning to Mr. Choate. except that these judicial
officers shall not be put out OF office except for
cause In the manner provided for in such cases?
The police justices minor judicial officers 1t Is
true but they came into contact with larger pro-
portion Of the people than any other magistrates
in the State What did the members OF that Consti-
tutional Convention stay in Albany for all sumInes
AT least some OF them did not. am sure" -.
that he %as saSe mr. oady did NOT
he had SAID but had a0wss himself to be Sas .o
to be pronounced unconstitutional, Mr.. Choate ar
sss unsss In The he said
been deemed wise TO change the entire system Of
. ns UaI S aSSs I SS: not
one justice could have been dismissed summary,
from all change. 49,
"In considering question Of this kind" Mr..
Choate continued the courts must not look merely
at certain petty instances and illustrations. but
should consider the system as a whoe. as 1t was
there had been any Intention to put any such re-
straint upon the power OF the LEGISLATURE. re-
| SO stated In explicit terms"
Counsel contended that the once OF police Jus
tice was not a judicial Office within the meaning OF
the Constitution. The office itself wa: created by
ton In fact. prior to the enactment OF the statute
under consideration, the Justices Of the Court OF
Is nothing In the Constitution to prevent the aboli-
tion OF the old police courts and no provision wae
nut in the Constitution relative to the tenure OF
ONCE Of the justices. was done IN the cases OF
the Judges Of the Superior Court and Of the Court
| OF Common Pleas.
Ex-Judse A. J. Dittenhoefer spoke briefly In sup
| port OF the appeal. and Lewis L. Deaneh spoke
! Dscision was reserved In both easea.