New-York tribune., 1902-01-04
MAKE FORTS OF COURTS.
OLD MA AGLSTRATE.S TO "REPEL
INVADERS"
CONFLICT BETWEEN ELECTED AND AP-
POINTED POLICE JUDGES DE-
VELOPS NOVEL FEATURES.

War has been declared in Brooklyn between
the city magistrates, who under a bill passed
by the Legislature last winter. went out OF Of
fee on December 81, and the men who under
that law were recently elected to succeed them.
The conflict was precpitated yesterday after
noon by a double ended decision Of Justice
Marean, I'm which. while vacating an injunction
which was obtained to restrain the men
from taking Office, he declared that their cleo
ton unconstitutional. and that the question
should be decided after proceedings by the At
torney General. This taken TO mean by the
sitting magistrates that no successors had been
legally elected. and that therefore, any attempt
to take possession of their courts would be
illegal invasion. On the other hand, the magis
trates who have been elected declare that they
duly chosen under a law the statute
books to take possession of the courts on Janu-
airy l. and that il is their right and duty TO do
in the absence Of any specific legal injunc-
ton They declare that if the law is unconsti-
tutional, that question is still to be decided, and
that until 1t has been declared unconstitutional
they the legal magistrates.
The courts which seats Of war are the
Gates-ave., over which Magistrate Furlong pre-
sided; the Adams-st-. in which Magistrate
DooIey has been sitting; the Ewen-st., in which
Magistrate O'Reiy has held sway, and the Lee
ave. and Myrtle-ave. in which Magistrates Hig
ginbotham and Manner have been sitting.
PREPARE FOR INVADERS.
AS soon as the decision of Justice Marean was
announced yesterday afternoon. the old magis
trates decided to hold the fort" and prepared
themselves to "repel invaders" In every in
stance they sent word to their wives that they
would remain in the courtroom all night. and
asked for munitions of war in the way of quar-
termaster's stores AS the sun was setting
strange sights seen at the various courts.
Cots and blankets We're being carried in. oil
stoves baskets OF bread and meat, and now and
then a case of bottles seen going In at the
side doors In every instance the magistrates
had obtained special officers to guard them. and,
surrounded by a number of friends, were pre-
pared to Withstand the strongest assaults OF the
enemy.
At midnight last night one of the redoubts
had been taken. In another case the opposing
forces had patched up truce, and warfare VIII
not be resumed again until this morning. In
the first instance Magistrate Manner, IN the
Myrtle-aVe. court WAS surprised by Magistrate
elect Devoy who by force Of numbers and
we'll planned strategy. executed flank move
ment, and scaled the redoubts before Magistrate
Manner could sound the alarm. 1t was a crltl-
cal movement when the opposing forces faced
each other before the bench of justice.
Il demand possession Of this court by right OF OF
nv election" declared Magistrate Dewey, and
hereby call upon you to surrender.
Magistrate Manner contended that he did not
recognize the legality Of Mr.. Devoy's election
and that he would refuse to surrender. Then he
sat down to the telephone and called up his
counsel, asking whether or not it would be ad-
not known what reply he received, but after
carefully scanning the force of the enemy and
counting his brigade he decided that it
might be as well to evacuate.
over in the Ewen-st court Magistrate elect
Brennan, who is a Democrat, advanced upon
the stronghold Of Magistrate O'Reilly. The two
are old Democratic friends, and. while nomi-
nalIy retaining the position of foes, consented
to a conference. After much discussion they
decided that II would be far better TO sleep at
home in their comfortable beds than to put up
with such accommodations as the bare court
room could furnish. They therefore signed a
truce and each side withdrew his forces, with
out relinquishing any of his claims or rights.
Both generals will be hand with their forces
this morning when the fight Will be resumed
Up in the Lee-ave. court Magistrate Higgln-
botham was making himself as comfortable as
possible on old broken down cot. The quar-
termaster's department had failed at the critical
moment, and the magistrate was obliged to sub
sist for the night upon bowful of beans and a
few sandwiches which were carried through the
lines from neighboring restaurant He de-
clared, however. that he thought he would
tain sufficient strength to put up a good fight in
the morning, when 1t is expected that a formal
attempt to take the court will be made by
Magistrate-eect Kramer. Magistrate-elect Wat
son had made all his preparations to take pos
session of the Gates-aVe court a o'clock last
evening. Scouts which he out returned.
however, with the information that Magistrate
Furlong was strongly intrenched and that il
would be useless to attempt a sally that night
Mr. Watson therefore retired to his home to
make plans for aggressive advance upon the
breastworks this morning.