New-York tribune., 1902-01-06
MAY EJECT OLD JUDGES.
MAJOR EBSTEIN SAYS HE HAS
AUTHORITY.
BILL READY TO LEGISLATE OUT BOTH
SETS AND LET MAYOR LOW
FILL THE VACANCIES

Unless the old magistrates in the city of
Brooklyn surrender their claims to their courts
Which they have been strenuousy uphOlding for
the last three days-which rather seems without
the range of probabiIity-and should the Attor-
ney-General. upon quo warrant0 proceedings.
find that the magistrates chosen last November
were elected under unconstitutional act the
legislature will step in and wipe out both sets
of magistrates in bill which will give Mayor
Low the power to fill the vacancies created by
their dismissal. This plan Of action has been
definitely decided upon by the Republicans and
fusionists in Brooklyn who are indignant at
what they term the undignhed and unwar-
ranted conduct of the old magistrates in at
tempting to retain possession Of the courts by
force, thus turning upside down the entire
judicial procedure of the police courts This will
be sweeping measure. but it has been decided
upon after careful conference as being the
only way to reach a satisfactory solution OF the
present muddle.
Most of the magistrates who are holding pos
session of the courts by force are more than
sick of their undertaking. They have been
away from home for three days, subjected to all
manner of inconvenience and getting little
sleep. They about worn out by their long
vigils. and are in mood to declare a truce II
that can be done without surrendering any Of
their alleged rights. They are Democratic
magistrates, however who are fighting to re-
tain their positions. and are being strongly
backed by the Democratic organization which
sees in the retention of these places about the
only vestige of political spoils that they can
hope to have in Kings County for the next two
years. This being true. it is not likely that they
will give up the fight.
NO MOVE BY OLD MAGISTRATES
1t is contended. however. by impartial persons.
that it is their duty to ask the Attorney Cen
for ygyarr
what the Republicans and fusionists want them
to do. Unless they do this. as matters now
stand. they may hold possession of their courts
until doomsday. but they will have no official
duties TO perform. as Police Commissioner Par
fridge has ordered the members Of his depart-
ment TO refuse TO recognize the old magistrates
and TO take no cases before them Further than
this he has ordered the police TO recognize the
new magistrates. although yesterday all police
court business was taken before the three old
magistrates whose right to Office is not disputed
and this policy will undoubtedly be continued to-
day, unless the old magistrates surrender en-
tirely.
POLICE POWER TO EJECT.
John L. Hill. counsel for the old magistrates.
announced last night that he would not take any
offensive action against the elected magistrates.
1t had been hoped that he would bring quo war
ranto proceedings to test the constitutonaIity OF
the law.
The elected magistrates are out and they
want to get in" he said. and 10 get in they
must take the offensive We will rest on orr
and retain possession of the courts until
they finally have the question adjudicated"
Mr.. Hill asked if he would advise Magis-
trates Furlong, Dooley and Higginbotham TO
continue in their respective courts night and
day until solution of the squabble was arrived
at He said:
Il have advised them to retain possession OF
their courts. How they do that is a matter
which concerns them. realize that they must
be extremely uncomfortable in the small rooms
which they occupy, and which afford none of the
comforts of home. but if it is necessary to put
up with such inconvenience to retain possession
there is no help for it,"
Deputy Police Commissioner Ebstein declares
that the police have the authority under the
opinion of Corporation Counsel Rives to eject
the old magistrates from the court rooms on ths
ground that they have business there. So
far he has been loath to take this strenuous
means of settling matters temporarily. at least
but he may be obliged to step in and exercise
the powers that have been given to him.
Jacob Brenner, chairman OF the Republican
Executive Committee. declared last night that
the conduct of the old magistrates in making
forts of their courts outra ageous. He said
attempting TO hold an office after the term of
his commission had expired. And, even grant
ing that there some dispute about the ex-
piration of the term. they had always been will
ing to yield point until the matter had been.
peacefully settled by courts of high authority
No man. Judge Brenner said, be he a legally
constituted magistrate not. had the power to
keep a citizen out of the court rooms. which
were public places and that in so doing Magis-
strate Dooley and others had been guilty OF a
lnisdemeanor. Magistrate Higginbotham evi-
IDENTIFY took this same view of the case. because
he told Tribune reporter that any who
asked admission to his courtroom would get Il,
and that all he was holding was the bench.
1t is a clear and undisputed fact that the
commissions under which the fighting rnagis-
trates appointed by Mayor Van Wyck last May.
took office, are dated to expire on Deem
ber 81. 1t is contended that these ma agistrates,
in accepting these commissions so dated. con-
ceded that the law providing for the election OF
new magistrates TO take ONCE on January 1 was
legal And. more than that, it is declared that
they further conceded the legality Of the law by
accepting nominations under that law and run
ming at the last election TO succeed themselves
Some lawyers say that if at any time they had
ground for contending that Mayer Van wyck
had power TO limit the term of their appoint
ment. which under the old law was ten years.
as a matter of equity they have waived all
right to such a contention by accepting the COM
mission so limited. and by running under the new
law for election to the offices which they were
already filing by appointment under the old
Mayor Low has not been consulted about the
bill. which. If passed. will place the power OF
nominating MAGISTRATES in his hands but thosa