New-York tribune., 1902-01-07
FOUR OLD JUDGES OUT.
.SA WE'D BY
Mr.. RIVES'S OPINION.
DOOLEY MARCHED OUT BY POLICE
ELECTED OFFICIALS WORK
TO-DAY.

TO-DAY
Four of the five contested police courts in
Brooklyn will be occupied this morning by the
new magistrates who were elected last Novem-
Der, and the prisoners who would be naturally
taken to these courts viii be arraigned before
them in the usual manner In the case OF the
fifth court, the Lee-ave court, in wnlch Masls-
trate F. CASTOR Higginbotham has remained in
trenched, the police viii permit him TO occupy
the courtroom. but most OF the prisoners natur-
ally going before that court will be taken before
Magistrate Kramer the new man. who Will have
the use of several rooms In the Clymer-st pohce
station next door. Magistrate Higgrbothams
case is somewhat different from the others, mas
much as Justice Marean in recognizing the va
lidfty of the magistrates signature to bail
bond, had placed the sanction OF the Supreme
Court on Mr.. Higginbotham's claim as a magis-
trate In accordance with this decision of JUS
tice Marean. Corporation Counsel Rives late
yesterday afternoon forwarded to Police Com
missioner Partridge another opinion. The opin-
ion after reviewing this action says, in part:
It appearing Therefore that at F. E Castor 0g aggin n,
o Fefrae % entitled to act INV advice to YOU is
that his right to act as such magistrate should De
may add that this habeas corpus proceeding. in
my opinion, cannot be construed as a judicial de-
termination that none of the newly elected maSls-
trates are entitled to hold office None Of them
tIed that the title @ to Office cannot usually be deter
mined in habeas corpus or other collateral pro-
ceeding
The elected magistrates held a meeting yester-
day afternoon at which the magistrates were
assigned to the various courts. Those present
were Magistrates at Large Durack and Inger-
soil and Magistrates Watson Dewey. Kramer.
Brennan and Nostrand. Magistrate Durack,
who presided. after the meeting announced that
the magistrates were assigned as follows:
Adams-st. court Magistrate Durack; Myrtle
ave. court. Magistrate Dewey; Ewen-st. court,
Magistrate Brennan; Gates-ave. court, Mags
trate Watson. Magistrate Ingerson viii SIT with
Magistrate Dewey in the Myrtle-ave. court, and
Magistrate Nostrand is not assigned 10 any
court for the present. Mr.. Durack asked
why Magistrate Kramer was not assigned to
any court.
Magistrate Kramer will hold court in the
Fifty-ninth Precinct. under the Lee-ave. court"
he replied.
why was he not assigned to the Lee-ave.
COURT"
Because Corporation Counsel Rives says that
the Supreme Court has recognized Magistrate
Higginbotham, who Is In possession Of the Lee
ave. court. and have decided not to disturb
him. Magistrate Kramer will hold court in the
station house. and all the prisoners will be
taken before him there. Higgn bOtham may sit
in the court proper as long he pleases. We
can stand 1t long he. 1t will not interfere
with Magistrate Kramer holding court. There
IS nothing in the law which compels a magis-
trate TO hold court in any certain place.
The order Issued Saturday by Police Com
missioner Partridge. directing that all prisoners
be taken before Magistrates Steers. voorhees,
and Tighe. was yesterday rescinded. and another
order issued directing that hereafter prisoners
he taken before the newly elected magistrates
Wh thPV NAV be holding court
AS there is no way in which the magistrates
who have lost their courts can regain them
again without some special order of the Su-
preme Court higher authority, they
will either have to give up the fight to retain
their old places or will have to apply to the
Attorney General for quo warranto proceedings
to test the constitutionality of the law.
Late yesterday afternoon counsel for Messrs.
Dooley and Furlong filed notice of appeal from
the decision Of Justice Marean vacating the in
junction restraining the elected magistrates
from going upon the bench
Now that the new magistrates have duly
entered their duties. it is probable that moth
Ing Will be done at Albany with the draft OF
the bill abolishing both sets of magistrates and
giving the appOintive power TO Mayor Low un-
less quo warranto proceedings are brought by
the old magistrates and the law is declared un-
constitutional.
Magistrate DoOley was forced out OF the
Adams-st. court bodily shortly before a. m
yesterday. Magistrate Durack went to the sta
ton house and asked the sergeant in command
II he was not to be recognized as the rightful
magistrate in the Adams-st court. He was told
that the policemen had been given orders to
obey him. With several policemen Magistrate
Durack made his way upstairs, where Magts-
trate Dooley was just rapping violently for the
opening of court
Il command you to clear the room." said Mag
istrate Durack. as he waved his arm over
toward Mr.. Dooey. Magistrate DoOley said
nothing, and the policemen hesitated about ap
preaching him. Magistrate Durack insisted that
the policemen remove Magistrate Dooey, and
they did so by taking him under the arms and
lifting him bodily out of the chair He then
walked into his private office, and from this
also ne was elected after a few minutes. The
policemen saw him all the to the door.
Magistrate Furlong, VINO has been holding
on TO part of the CiateS-ave. court. left there
to consult Justice Gaynor with an idea of OBJ
tanning some sort of mandamus TO keep his
opponent, Mr.. Watson, of the bench After
his request had evidently been refused, Mr.
Furlong returned to the CSates-ave. court. only
to find himself locked out. Another court had
been captured. Two court officers watched the
courtroom last night, momentarily expecting a
sortie by Magistrate FurlonS.
STEEL PROCESS INVENTOR MURDERED