New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-03
POLICE JUSTICES LOSE.
THE Law TURNING THEM OUT OF
OFFICE IS CONSTITUTIONAL.
FINAL DECISION BY THE COURT OF APPEALS
IN THE TEST CASE BROUGHT BY KocH-A

FINAL DECISION BY TIE COURT VT 90 ~
IN THE TEST CASE BROUGHT BY KocH-A
UNANIMOUS OPINION,
Albany. March e--1be Court of Appeals has de-
ciSed that the law Of lSS lcgsiatins the New-hork
City Police Justices out Of office is consttdtohah
There we're three appeals and all were argued 'o
gether The first action that OF Joseph hoen
against the city Of New-York. Koch was appointed
police justice on January 4. 1898, for term OF ten
years but the ONCE To- which ne was appointed was
abolished by ain act OF the Legislature pssseo Ill
1885 Koch insisted that the act was uncons'It"
tiona in so far purported 10 Aooish the o'"Ve
OF police justice and he brought action to recover
S2oco which he claimed was due him for his saia'y
for tho three months ending october /, 1885 Justice
Peekmaa sustained a demurrer interposed by the
city and the Appellate Division affirmed this )uug-
mcr;
Koch attempted to hold Office pending the deter
mination OF the case. and result suit was
oroush, against him by William T. Stetson. jr who
was arrested on a warrant issued by him on Octo-
Der % 1895 Stetson brought action against the
police justice TO recover $4,000 for his alleged II;
ssa act ana got er yefS s o Up I pVsen sus
tanned ~, ,.,,sr =, tho ,,r,,cat,on
was arrested on October %. 1885, warrant issued
Subject Sa to the act OF isss when Quinn was sent
10 prison awaiting trial. Justice Gayn9r granted
hsd Jurisdiction. The Appellate Division con-
Cured in this judgment.
The decision Of the Court OF Appeals in the three
arpt AIS aflrms the judgments with costs In both
the Koch ard Stetson cases and In the Quinn case
the order OF the lower Is affirmed with costs
The effect OF the decisions is TO declare that the
Law eyislating OF Office the fifteen police justices
who were serving in New-Yori City in 1875 was
constitutional These justices each received salary
ct $3.50. and MANY of them had within the pre-
vinus two or three years been appointed by Demo
cratic Mayor for terms OF ten years. The Jaw of
1895 leeisated these police justices out OF Office on
June 80. and Mayor Strong was authorized 10 APP
point nire city magistrates and four judges of the
Special Sessions tn take the places Of the police
justices. Justice Nann the opinion In each
OF these cases and all the judges concur
The effort OF the old Police Justices 10 get back
into Office or 10 make the city pay their salaries
after they of Office. has been looked upon
by many lawyers foolish proceeding. In view Of
the fact that the law providing for the City Magis
trs les drawn with much by such able
constitutional lawyers as Joseph II. Choate and
Elihu Root. 1t predicted at the start that the
case OF the Justices would be lost but it would ap
pear that OF them led TO believe that
political influences could be brought to bear upon
the Court Of Appeals 10 rule in their favor. II Is
understood that the former Police Justices will have
10 pay round sum to the lawyers who were en-
ployed 10 prosecute their case In the courts and
they now feel much chagrn on account of their
losing speculate