New-York tribune., 1902-03-15
OLD MAGISTRATES UPHELD
APPELLATE DIVISION RECOGNIZES VAN
WICK APPOINTEES IN BROOKLYN
AN APPEAL WILL BE TAKEN

The Appellate Division of the Supreme cour.
In Brooklyn yesterday decided that IN. anans
rnent to the city charter providing for the slac-
uon instead of the appointment OF the c,,,,
magistrates OF the Second Division In the Ro-
ouSh OF Brooklyn was unconstitutional rlo
pIeValnng opinion was written by Justice Bar,-
tett' duu JUSTICES jerks and Woodward co..
CURED. Justices Goodrich and HirschberS a.
Sented. The decision leaves the appointsas -
Mayor Van Wyek as the recognized masis'
udteS Ihe present incumbents. who are nss-s-
All Republicans. will carry the case to the Conss
ol appeals. IL is not probable that the old
Ises illdslstrates viii make any attempt TO regai5
possession OF the courts at this time
The opinion says in part:
Inc argument Is that the city magistrates -,
Eaed Tor In the charter judicial Offcsrss -
wise provided for in Article VI Of the no Other
that hence the command that such judicial osss:
pointed by local authorities thereof beooap- ap-
applicable; and that where the legislature Ss1ss
mines that the choice shall be made by election ~
me electors in the city i'm which the officers az az
exercise Jurisdiction must be afforded an on1o %
1t is also argued that the last clause Of sect,0,
U1 Ilcde VI or the present constitution con-
tshhPiateS a uniform system for the selectior :.
the same class Of judicial officers Throughout
legislature TO provide number Of t15,,a9 me
0incers OF the same class that a portion Of tSsn
pointment. and another in another part Of ny & Sp-
oG Tta eh0sen G,za 6y popular election. e'S
one. without qualification or limitation In tb 9road
In which ii occurs. and Is certainly comprsbsaIIse
enough 70 include all the persons entitled - .slse
WITHIN the municipality. do not well see how NE
can be given any effect less than this wispo,i,,
adding TO the constitution something which ~, ~
not ma In It. The purpose in view in framnv 40 ~
clause OF secticn II under consideration ap5ssI s
TO be perfectly plain. 1t was to entitIe Al ss
electors within the territorial jursdiction 81 ne ne
city judicial officers therein mentioned 10 the r,S5,
70 take part In choosing such officers IN rsss 80
legislature determined that they should he oSse .e
by election rather than by appointment n an
View Is not correct II IS difficult 10 See Ubv s tL
legislature might not provide for the eectfoyr b
the voters in the Borough OF Richmond aIona !,
city magistrates whose Jurisdiction should sTfsDS
all over the territory of the Greater New-York
Justice Woodward concurs in the general ia
cisiOn. but d!ssents from the opinion thar N.
legislature had no power to provide for tba
election OF magistrates by districts Justics
Goodrich in the minority opinion rafntaIns
that the State legislature has the power TO mass
laws not prohibited by the constitution and
asserts that the law providing for the election
OF magistrates does not conflict with the consti
tuition. He says that, according to the decision
OF the majority of the justices Magistrates
Durack and Ingersoll. who ran in the vhols
borough. are not affected