New-York tribune., 1902-05-14
OLD MAGISTRATES WIN.
COURT OF APPEALS STSTAINS THOSE
WHO HELD on IN BROOKLYN.

Albany. May I3.-rhc Court Of Appeals to-day
handed down decision sustaining the decision Of
the Appellate Division i'm declaring unconstitutional
the law which provided for the election in Brooklyn
of magistrates ny Congress districts.
This case grew out Of the passage by the leg!s-
lature Of 1901 of act amending the NewYork
charter by providing that the city magistrates in
the Second Judicial Division Of NcW-York city,
comprising Brooklyn Queens and Richmond bor-
ouEhs. should be elected instead OF being appointed
ny the Mayor. Pursuant to that statute. magis-
tratos were elected at the general elections of No
vember 1901, one being elected from each Congress
district and two at large. The Justices holding
office at the time refused to vaCate their offices.
claiming that the law changing the mode of select
ing magistrates unconstitutional. An action
was instituted by Attorney General Davies. on be-
half of the State. in order to secure judicial rul-
the annointad stic"s Mssr BoIcy Ir'riorg ~
Naumcr and O'Reilly irterposed answer. i'm
which they attacked the law. The Attorney Gen
Special Term. the court holding that the law
was; was unconStitutonal thr rtrticular point raised
they must be elected by IN electors Of the cntir"
tHt"t W. l.i'd 0N Ihc Nl,p"Iat' ilNlSon; ana
the Attorney General appealed to tn" Court Of APP
The court stood five to in declaring the law
unconstitutional Judge Werner wrote the prevail
written by Judge Cullen. Chief Judge Parker aud
Judges oRrien and Gray concurred with IN" pre-
yailing opinion Judges Bartlett and HaiEht wrote
dissenting opinions
The old magistrates and the courts to which
they will return to-day are Edward J. Dooloy
Adams-st.: John Naumc-, Myrtlc-ave.; Frank r
O'Reily. Mauhattan-aVc.. Henry !. FUrlonE. Gates
ave. and +. Castor Hsginbotham. Lee-avc. The
latter. with several Of his suborduatcs. has been
holding the fort I'm the I.ec-avc. court since tho
first Of the year. He will rcorEanze his force
Tn" men who have been acting magistrates
since the first Of the year and thrown out by
the decision OF the Court Of Appeals are Charles
s. Devoy J. Lott Nostrand. William kramer Will
lam Watson William brennan. Walter L. Duraok
and Raymond Y Iugcrsou James g. TiCh" WIS
Of III" men elected und.r the law just declared
unconstitutional but as hc previously held tho
same place under appointment from Mayor Van
Wyck his tenure Of office will p" uudIsturbed.
There seemed to be- no disposition last night on
the part OF the mon who had been thrown out 20
carry the case any further. Technically Of course
Of the Court or Appeals was served ON them, hut
as mat would be only matter OF form the general
impression was that th" sooner they stepped down
The magistrates rnuddle in Flrooklvn was brought
magistrates for Kings County was changed from
magistrates In Kings County should ho elected by
nlactrd Iast r5 bacalils ,b,. ,r,,s of to - ,L
pired
The elected magistrates decided that they would
take ofil"" on saturday. January (. The night be-
fore the old magistrates barricaded themselves i'm
of them succeeded I'M capturing co,lrts tho nr-,
night. others Of tho old magistrates held out Tor
several days. and the spectacle Of alleged magis-
holding i'm stations and cafes was seen.
on the following Wednesday an the old magis-
trates. with the exception of T. CASTOR HiEgiu-
botham consented to retir" i'm favor OF thr mon
who were elected and unite i'm quo warranto pro-
cecdneS IL test the ConStitutionaty Of the maeis-
trates' law. Since that time all the elected magls-
trat"s have been holding court daily. Mr. Kramer
sat in tn" lee-ave. polio" court because Magistrate"
IIiEginbotham refused 10 get out Of tho Lc"-ayo.