New-York tribune., 1902-01-08
A TRUCE FOR MAGISTRATES
DECIDE TO HAVE COURTS PASS or-,cr,
LY ON THEIR DISPUTE on Acprrn
STATE OF FACTS.

Lawyers for the contestsng rnaristrs,s,
nave been engaged in lively dispute ova. -
possession of the various police courts q, 49,
Borough or Brooklyn since last SATURDAY. -
toSeIher yesterday and decided to desist -
al Cholsnlned rivalry and to join in hayinv o.
legality OF one or the other sets of masist,.s-
determined by the courts at the earIies, -
DE minute To this end the lawyers in the -
devoted aH of their time yesterday. Eraa,,-ss
the new magistrates viii be recognized -, -
ponce and will hold court in the regular -.
rooms with the exception Of Magistrate Kra,-.N
neiore whom prisoners well be arraisned :, -
CIyiher-st- police station Magistrate = c.o.,.~
ihssAiDoIham' the old magistrate of thar n.
trct' remains in undisturbed possession ,s -
Lee-ave courtroom. because of a 5a.5-f ,
Justice Marean which appIies to bis VI
j. L. Hill is counsel for all of the ola -
trates Assistant Corporation Counsel g.
resents the elected magistrates and se,a-., :,
them have employed special counsel c., y,
George W. Wtngate representing Magistrata ~
Sersoil, H. b. Judge representing Nra,,5s.-a
Durack' and Jacob Brenner representfns NJ
'Idte DeVoy' 1t was practically agreed I,rt
night that the quickest way to settle the -
tion conclusively would be to present an 49,.
state Of facts TO the Appellate Division - -
supreme Court, To petition that BODY To ba,-
ohce Che arguments in the case and give ~,
immediate decision. and to send the case a. ~
10 the Court of Appeals. There viii be sno,b.-
meeting of the lawyers this morning Tba -,
magistrates rather lean toward the rrassi, =.
the appeal from the decision OF Justice Nar
1t is not thought, however that an actio, :.
this kind would be as satisfactory as tbs -.
previously mentioned 1t will take about vaa.
to bring the case before the Appellate Divis,o.
as all the papers in the case will have n ~
printed 1t probably will take three or fou.
weeks at least before the case can be sst,ras
finally by the Court of Appeals
The question of law which the Appellate Div,
sion will be asked TO decide is as to whether IN
clause of the bill providing for the election AZ
magistrates in Brooklyn is constitutional Tia
magistrates in the other boroughs are apuointss
by the Mayor.
Five Of the new magistrates held court VS.
terday and one of the old magistrates-Eiggfn
botham. Magistrate Durack was in the Adams
st. court and neither Magistrate DooIey nor anv
or mis- representatives made any protest Magis
trate Brennan attended to the duties OF the
Ewen-st. police court in the same way In the
Myrtle-ave. court Magistrate Manner. the old
incumbent, came in 70 enter formal protest
against Magistrate Deroy. The protest was not
needed. and the new magistrate went on with
the regular business.
In the Gates-ave. court Magistrate Watson
held the courtroom and transacted the business
'--~- N~"ught before him by the police
Downstairs in private room" No . Of the
.--.-~--. court is Magistrate Fur
long, who is dying harder than any OF the 9TH
ers. made a pretence at holding court. On the
door he posted notice. which read: