Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1896-06-27

If the process of unconstitutional en-
lnrgement of the powers of the courts
of this state that has been going on
for the past year is permitted to con.
tinue, the Legislature might almost as
well refrain from meeting at all. The
Judges, finding no provision made for
any resistance to their aggression,
within the forms of law, have taken it
upon themselves to negative legisla-
ton of the most beneticent character
on the strength of long special
pleas to prove some vague
and doubtful possible conflict
with possible construction of some
clause of our written constitution.
Now, there never was written docu-
ment that could not DO construed in
this way to forbid any earthly thing
that the construers had motive for
opposing. Even Holy Writ has been
used to prove the m ost diverse theories
on the most important points. The
courts of New York state have never
been vested with authority to annul
laws in this way, and thinking men
will see that the practice must stop, OF
the people will find that they have en-.
tirely abdicated their power in behalf
Of judicial oligarchy.
Corporation counsel Scott has de-
cided that under the present law per-
sons arrested accused of violating city
ordinances have the right to go free
on depositing in personal property
twice the value of the maximum fine
that magistrate can legally impose
Chief of police Conlin has very prop.
erly advised his subordinates that hi.
cycle rider accused of scorching, rid
ing on sidewalks, or riding at night
with unlighted lamp, must be freed
ON leaving any bicycle as deposit for
bail. The maximum fine in these
cases is $40, and it is held that any
bicycle is worth double that sum.
The necessity for such ruling was
who was arrested by one of commits.
sioner Roosevelt's fresh policemen for
not knowing that her lamp was out,
and after she had actually lighted it
again she was kept locked up in sta
ton house with disorderly women all
night, and, OF course, discharged in
the morning.
1t may be noted as an interesting
fact that the law has not been changed
since this outrage took place. The
statute was just the same then as now.
The young woman was made the vic.
tim of tho inoomnatopcv If tho Naw
York police management to under.
stand the laws it is expected to enforce
She was entitled to be set at liberty
when her wheel WAS left at the station.
It is a serious question whether she
could not collect in a damage case
against the city OF New York for the
torment to which she was subjected
for 80 many hours-enough to drive
many women insane.
"Better late than never" is a good
maxim, but "Better never late" is
wiser one in matters affecting the
treatment of citizens by policemen.
Conlin has at length done his duty.
He should have done it before.
Sheriff Hansen is being subjected
to some unfair criticism for the Jail
liberties he has permitted to Alfred &.
Stokes, who is locked up in Ludlow
street Jail for not paying to Mrs.
Stokes alimony and counsel fees in a
suit for separation. The law does not
provide a dungeon with bread and
water for such a prisoner. Neither
i, it the purpose of the imprisonment
to wreck a mans business by forbid
ding him to see visitors. Sheriff Tam
sen is under no obligation to assist
Mrs. Stokes in her effort to make her
husband pay the legal expense of hav-
ing his own character maligned.
The case is of interest, however,
since it calls renewed attention to the
absurdity of imprisonment for debt
in the nineteenth century. For many
years indefinite confinement was the
fate of men whose wives chose to bring
actions for divorce or separation in
this state, if they were unable or I'M
willing to meet the cost of blackening
their own names. The Legislature was
at length brought to see the barba-
rism of this policy, and the limit is
now three months, after which there
can be no further punishment for fail.
ure to pay counsel fees and alimony.