New-York tribune., 1902-01-05

old magistrates. Deputy Police Commissioner
Ebsten last night issued order that in order
to avoid trouble all the prisoners this morning
should be taken before Magistrate Steers, in
the F1atbush court Magistrate Voorhees, in
the Coney Island court Magistrate Tighe, in
the Butler-st. court. over the possession Of
these courts there is dispute 1t is probable
that quo warranto proceedings will at once be
instituted before the State Attorney General to
test the constitutionaltty Of the law under which
the new magistrates elected.
Last night four of the courts were held by the
various magistrates who claim possession.
Magistrate Dooley held the fort in Adams-st,
and Magistrate Higglnbotham in the Lee-ave.
court, Both old magistrates Two courts
had been captured and held by the new magis-
trates, the Myrtle-ave., by Magistrate Dewey
and the Ewen-st. court by Magistrate Brennan.
In the Gates-ave. court both sides held possess
sion. Magistrate Furlong had maintained his
defence through Friday night and all day yes
terday. Late in the afternoon NIagistrate-eect
Watson and his friends managed to break in
and hold court. Then he retired, saying he
would be back this morning.
None of these magistrates will be able to hold
court this morning however. as the police have
peen instructed 10 take no prisoners before
them. They may keep their watch night and
day until the matter is finally settled by the
higher courts but they viii be unable TO eXer-
else any Of the functions Of a magistrate.
Magistrate Steers, who is president of the
Board of Magistrates, which includes all magis-
rates in Queens and Richmond boToughs as
well as in Brooklyn. has issued call for
meeting of that body next Wednesday. At that
time the rival Brooklyn magistrates viii meet,
II they are not afraid to leave the courts they
have been holding, and the whole question will
be talked over.
Il had already issued a call for the old magls-
trates," said Magistrate Steers. when seen at
his home in Flatbush by a Tribune reporter last
night. At that time the old magistrates We're
10 meet for the last time. On Monday l shall
issue a call for the new magistrates. The two
bodies will have 10 have separate meetings, but
they can probably get together later. and some
amicable agreement reached pending a settle
ment OF the constitutiOnality Of the law.
1t has been said that I will assign the
magistrates TO various courts. That is error.
always made by committees appointed at
meeting of the full board. / am willing to do all
/ can to aid in carrying out the work of the
courts while this muddle is on. / would be
willing to sit in three four courts, # II were
necessary the order which l hear Commits
sioner Ebstein has issued sending all the pris-
oners to my court and to those of Magistrates
voorhees, and Tighe is an exceedingly wise one.
! believe"
Deputy Commissioner Ebstein when seen by a
Tribune reporter said:
Corporation Counsel Rives has decided that
the new magistrates are entitled take office.
According TO that opinion l have instructed my
men to recognize only the new magistrates.
We have the power to eject the old magistrates
from the court rooms, but l have deemed il
prudent not to attempt that. 1t would only
result in complicating things still further. In
order to have little trouble possible and
still have the work of the courts carried out |
have issued general orders to all the captains to
take all their prisoners before one of the three
courts which not mixed up in this dispute.
The police stations will be placed at the dis
posa OF the new magistrates, and 1t may be that
Monday they will hold court i'll them"
MR.. RIVES'S OPINION.
The opinion of Corporation Counsel Rives ad-
vising the police to recognize the magis-
fridge. is follows:
4 1902 in which you inform me that the injunction
heretofore issued against you by Mr. Justice Ma
rean in Kings County restraining you from recog-
niZng legally elected officers the persons elected
the office OF city magistrates in the Borough of
Brooklyn the last election, has been vacated and
set aside and in which you ask to advise you
to your duty in the premises.
In reply beg state that believe II to be your
duty as an administrative officer to give full faith
for the election of city magistrates in the Borough
OF Brooklyn at the annual election Of 1891. and to
eumbents OF the office Of city magistrates in the
Borough of Brooklyn.
Some questions may arise in view Of the fact that
In the opinion of Mr.. Justice MaTean Vacattng the
Injunction heretofore granted doubt is expressed
as TO the validity of the act Of the legislature au-
thorzing the said election. According to the strict
and ordinary rules OF legal Interpretation, whatever
opinion was expressed by the learned court this
point is purely obiter dctus as in the words of
granted was improperly brought, and there
strict necessity for any decision opinion as the
validity OF the enactment.
II there be any desire on the part of the proper
authorities test the validity of this enactment
can be done In appropriate proceedings in the man
ner provided by law.
Late yesterday afternoon ]. L. HILL counsel
for the old magistrates. secured from Justice